Terms of Use

    Read and review the Zarla terms of use.
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    Welcome to Zarla Inc.'s Terms of Use. These Terms of Use apply to anyone who visits our Website or uses our Services. We offer a wide range of services and features, so some Terms may not be relevant to the specific services you use.

    1. Introduction

    1.1 Our Purpose

    Our Services allow users to create beautiful and functional online presences. We offer tools for creating websites, logos, business names, and other online services, some of which incorporate artificial intelligence and machine learning. The online presences, business names, and logos created by users are collectively referred to as User Platforms (as defined in the Definitions section).

    These Terms of Use, together with our Privacy Policy (as defined in the Definitions section), form a legal agreement between you and Zarla Inc., its Affiliates, subsidiaries, and divisions (collectively, "Zarla," "we," "us," and "our"). By using our Services, you agree to be bound by these Terms of Use and Privacy Policy.

    We may, from time to time, modify these Terms of Use. We will notify you of any material changes at least 30 days before they take effect, by posting a notice on the Services or by sending you an email. The updated Terms of Use will take effect after the notice period and will apply on a going-forward basis. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the new Terms.

    For material changes to these Terms, we may require your affirmative acceptance before the changes take effect.

    1.3 Age Requirement

    You must be at least 16 years old to use the Services. If you are between 16 and the age of majority in your jurisdiction (typically 18), you must have the permission of a parent or legal guardian to use the Services. By using the Services, you represent that you meet the applicable age requirements.

    1.4 Language and Translations

    These Terms of Use are written in English. We may provide translations of these Terms into other languages for your convenience. In case you access these Terms in a language other than English, please note that:

    • a. Translations are provided solely for your convenience and reference.
    • b. The English language version of these Terms of Use is the controlling version.
    • c. If there is any conflict or inconsistency between the English version and any translation, the English version shall prevail.
    • d. By using our Services, you acknowledge that you can read and understand the English language, or that you have had these Terms translated by a competent professional at your own expense.
    • e. The availability of these Terms in a language other than English does not alter the governing law or dispute resolution provisions set forth in these Terms.

    We strive to ensure the accuracy of all translations, but we do not guarantee their completeness or accuracy. If you have any questions regarding the Terms of Use or discrepancies between language versions, please refer to the English version or contact us for clarification.

    2. Services

    2.1 Website Templates

    Zarla provides pre-designed website templates. Users may customize these templates for their own User Platforms. Zarla retains ownership of the templates, and users are granted a limited, non-exclusive license to use and modify the templates for their own websites. Commercial use, including resale of templates or extraction/reuse of individual template components, is strictly prohibited without express written permission from Zarla. Users may not extract, isolate, or separately use individual elements of our templates, including but not limited to specific design elements, code snippets, or AI-generated Content, without Zarla's explicit prior authorization. Unauthorized commercial exploitation or distribution of Zarla's proprietary templates or their components is not allowed, and Zarla reserves the right to pursue all legal remedies against such violations.

    Users are specifically prohibited from:

    • a. Using automated tools, scripts, AI systems, or other technological means to analyze, extract, reverse engineer, or recreate template components or design elements.
    • b. Creating derivative works based on systematic analysis of template patterns or structures.
    • c. Attempting to circumvent template protection measures or access underlying template code or assets.
    • d. Using pattern recognition or machine learning techniques to identify and extract template features.
    • e. Storing or maintaining repositories of extracted template components or design elements.

    Any attempt to systematically analyze, deconstruct, or replicate template design patterns or components, whether through manual or automated means, constitutes a violation of these Terms and may result in immediate termination of service and legal action.

    2.2 AI-Powered Tools

    Some of Zarla's Services, such as the AI Website Builder, Logo Maker, and Business Name Generator, incorporate artificial intelligence (AI) and machine learning (ML) technology to create AI-Generated Content. When using these tools, you acknowledge and agree that:

    • a. The Content generated by the AI may not be unique and Zarla does not guarantee its novelty or fitness for any particular purpose.
    • b. You are responsible for reviewing the accuracy, quality and legality of AI-generated Content before using it.
    • c. You retain ownership rights in the final output you choose to use, but Zarla may use your inputs and interactions to train and improve our AI models.
    • d. By using our AI-powered tools, you acknowledge that any inputs, prompts, or Feedback you provide may be used to train, test, and improve our AI models. While we will make reasonable efforts to remove personal information from training data, you should not include sensitive or confidential information in your inputs.
    • e. The AI may occasionally generate Content that appears to reference real people, businesses, or events. Zarla does not guarantee the accuracy of such references, and users must independently verify any factual claims before use.
    • f. While we implement safety measures and Content filters in our AI systems, you are ultimately responsible for reviewing and moderating AI-generated Content before publication. Zarla reserves the right to modify or disable AI features if they are being used in ways that violate our Terms or applicable laws.
    • g. We grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the AI-generated Content for your own lawful purposes. However, because the AI may generate similar outputs for other users, we cannot grant you exclusive rights to any AI-generated Content.
    • h. Zarla will not be liable for any damages or issues arising from the use of AI-generated Content.
    • i. Zarla shall not be liable for any claims, damages, or losses arising from the use, reliance on, or publication of AI-generated Content, including but not limited to claims related to the accuracy, legality, or performance of such Content. Users assume full responsibility for reviewing and validating AI-generated outputs before any commercial use or publication.
    • j. Zarla retains the perpetual, irrevocable right to store, use, and process all historical AI training data, including inputs, interactions, and generated content, even after account termination or service discontinuation. This right survives any termination of these Terms and includes the right to use such data to train, test, improve, and develop our AI models and services, subject to our Privacy Policy and applicable data protection laws.

    2.3 Free and Paid Services

    Zarla offers both Free Services and Paid Services (as defined in the Definitions section). The Free Services, including the free Website version, Logo Maker, and Business Name Generator, are provided as-is with no warranty and are subject to the Technical Limitations outlined in Section 3. Zarla reserves the right to modify or discontinue Free Services at any time. Paid Services are subject to the payment Terms in Section 5 and their respective Technical Limitations in Section 3.

    3. Technical Limitations and Resource Usage

    3.1 Free Services Limitations

    Free Services are subject to the following technical limitations:

    • a. Storage Space: Limited to 500MB total storage space per Account, including all media files, documents, and site content.
    • b. Bandwidth: Limited to 10GB of data transfer per calendar month.
    • c. File Size: Individual file uploads limited to 25MB per file.
    • d. Concurrent Visitors: Limited to 50 simultaneous visitors per website.
    • e. Page Load Speed: May be throttled during peak usage periods.
    • f. Database Size: Limited to 100MB per website.
    • g. Number of Pages: Limited to 5 published pages per website.
    • h. Media Library: Limited to 100 uploaded media files.
    • i. Form Submissions: Limited to 100 form submissions per month.
    • j. Site Backup: Manual backups only, limited to once per month.

    3.2 Paid Services Limitations

    Paid Services are subject to the following technical limitations:

    • a. Storage Space: 5GB total storage space per Account.
    • b. Bandwidth: 50GB of data transfer per calendar month.
    • c. File Size: Individual file uploads limited to 100MB per file.
    • d. Concurrent Visitors: Limited to 200 simultaneous visitors per website.
    • e. Database Size: Limited to 1GB per website.
    • f. Number of Pages: Unlimited published pages.
    • g. Media Library: Limited to 1000 uploaded media files.
    • h. Form Submissions: Limited to 1000 form submissions per month.
    • i. Site Backup: Automated daily backups, retained for 30 days.

    3.3 Resource Usage Monitoring

    • a. Zarla monitors Resource Usage including but not limited to storage space, and bandwidth.
    • b. Users will be notified when approaching 80% of any resource limit.
    • c. When a resource limit is reached, related features may be temporarily disabled until usage decreases or the Account is upgraded.
    • d. Resource usage is calculated on a calendar month basis, resetting on the first day of each month.
    • e. Unused resource allowances do not roll over to subsequent months.
    • f. Resource usage limitations apply independently of Service Level Agreement terms in Section 11.
    • g. During periods of scheduled maintenance (as defined in Section 11.2), resource monitoring may be temporarily suspended.

    3.4 Excessive Usage

    • a. Zarla reserves the right to suspend or terminate Accounts that consistently exceed resource limits or attempt to circumvent these limitations.
    • b. Users may not attempt to create multiple Accounts to circumvent resource limitations.
    • c. Automated scripts, bots, or other mechanisms designed to artificially distribute Resource Usage are prohibited.
    • d. Zarla may require users to upgrade to Paid Services if their Resource Usage consistently exceeds their Free Services Limitations.

    3.5 Changes to Technical Limitations

    • a. Zarla reserves the right to modify these technical limitations at any time.
    • b. Users will be notified at least 30 days in advance of any changes that reduce resource limits.
    • c. Changes that increase resource limits may be implemented immediately without prior notice.
    • d. Users who exceed the new limitations following a change will be granted a 30-day grace period to reduce usage or upgrade their subscription.

    3.6 Resource Usage Disputes

    • a. Users may dispute Resource Usage calculations by submitting a written claim within 5 business days of receiving a usage notification.
    • b. Zarla will investigate such claims and provide a response within 10 business days.
    • c. During the investigation period, no adverse action will be taken against the Account based on the disputed usage.
    • d. Zarla's determination regarding Resource Usage disputes shall be final and binding.

    3.7 Domain and CDN Services

    • a. Free Services are limited to zarlasites.com subdomains (example.zarlasites.com).
    • b. Paid Services include one custom domain connection (www.example.com):
      • i. Available domain extensions (.com, .net, .org only)
      • ii. Domain name must not violate our acceptable use policies or third-party rights.
      • iii. Free domain offer valid for first year only; standard renewal rates apply thereafter.
      • iv. Domain registration is non-transferable during first 90 days.
      • v. Limit one free domain per customer/business entity regardless of number of Accounts.
      • vi. Zarla partners with Tucows, Inc. ("Tucows") for domain name registration services. By purchasing, renewing, or transferring a domain name through Zarla, you agree to and are subject to the Tucows Master Registration Agreement (the "Tucows Terms"). A breach of the Tucows Terms is a breach of these Terms.
    • c. CDN caching is provided with the following limitations:
      • i. Free Services: Basic caching with 1-hour cache refresh.
      • ii. Paid Services: Advanced caching with 5-minute cache refresh.

    3.8 Backup and Recovery

    • a. Free Services:
      • i. Manual backups limited to once per month.
      • ii. Backups retained for 7 days.
      • iii. Recovery limited to full site restore only.
    • b. Paid Services:
      • i. Daily automated backups.
      • ii. Backups retained for 30 days.
      • iii. Individual file and full site recovery options.
    • c. Recovery requests are limited to:
      • i. Free Services: One recovery per month.
      • ii. Paid Services: One recovery per week.

    3.9 Resource Measurement and Definitions

    • a. "Bandwidth" and "data transfer" are measured as the total amount of data transmitted to and from your User Platform, including but not limited to:
      • i. Website visitor traffic.
      • ii. File downloads and uploads.
      • iii. Administrative actions.
      • iv. Content delivery network (CDN) usage.
    • b. "Page Load Speed" throttling may be implemented when:
      • i. Server CPU usage exceeds 80% for more than 5 minutes.
      • ii. Memory usage exceeds 90% of allocated resources.
      • iii. Concurrent visitor count approaches the specified limit.
    • c. Storage space is calculated based on:
      • i. Compressed file size for media files.
      • ii. Raw size for database content.
      • iii. Backup files (if within retention period).

    4. User Content

    4.1 Ownership

    Users retain ownership of the User Content they create and upload to the Services, including AI-generated Content. By uploading or creating User Content, you grant Zarla a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of operating, providing, and improving the Services. This license includes a perpetual license for User Content incorporated into designs that you choose to share publicly through the Services.

    4.2 Responsibility

    You are solely responsible for your User Content and the consequences of posting it. You represent that you have the necessary rights to post the Content and that it does not infringe on any third-party rights or violate any laws. When uploading Content that contains personal information (such as names and images), you must have the consent of the individuals involved and provide appropriate disclosures as required by privacy laws such as GDPR and CCPA.

    4.3 Prohibited Uses

    You may not use the Services to create, upload, or share any User Content that:

    • a. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or discriminatory.
    • b. You do not have the right to make available under any law or contractual obligation.
    • c. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    • d. Comprises unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
    • e. Contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
    • f. Circumvents, disables or interferes with security-related features of the Services or another user's Account.
    • g. Share Account access credentials, allow others to access the Services through your Account, or attempt to access the Services through another user's Account.
    • h. Attempt to gain unauthorized access to other computer systems or networks connected to the Services.
    • i. Disrupt, interfere with, or attempt to reverse engineer the Services or servers/networks connected to the Services.
    • j. You may not engage in any automated or systematic account creation activities, including but not limited to:
      • i. Using automated scripts, bots, or other mechanisms to create accounts
      • ii. Creating accounts through proxy services or VPN networks designed to circumvent our security measures
      • iii. Creating accounts for the purpose of resale or transfer
      • iv. Creating multiple accounts to circumvent service limitations or trial periods
      • v. Using automated systems to generate multiple variations of similar accounts

    Violation of these restrictions may result in immediate account termination and forfeiture of any associated services or credits.

    Zarla reserves the right, but does not have the obligation, to review, monitor, or remove any User Content that we determine in our sole discretion violates these Terms of Use, including but not limited to content that infringes on intellectual property rights, encourages illegal activities, or is otherwise unacceptable. Zarla may suspend or terminate user accounts for repeated or egregious violations of this policy.

    4.4 Content Moderation and Takedown

    Zarla maintains policies and procedures for moderating User Content and responding to claims of legal violations. If you believe any User Content infringes on your intellectual property rights or is otherwise unlawful, you may submit a takedown request to hello@zarla.com. Zarla will investigate such claims and take appropriate action, which may include removing the disputed content or suspending the responsible account. Zarla reserves the right to refuse or reject any takedown request that we determine to be unfounded or abusive.

    5. Account Security

    You are responsible for:

    • a. Maintaining the confidentiality of your Account credentials.
    • b. Using strong passwords and enabling two-factor authentication when available.
    • c. Immediately notifying us of any unauthorized access.
    • d. Ensuring all users accessing shared Accounts comply with these Terms of Use.

    5.1 Account Security Requirements

    Users must comply with the following minimum security requirements:

    • a. Passwords must be at least 12 characters long and include a combination of uppercase letters, lowercase letters, numbers, and special characters.
    • b. Two-factor authentication must be enabled for all administrative accounts.
    • c. Users must report any suspected security incidents or breaches within 24 hours of discovery by emailing hello@zarla.com.
    • d. Users must maintain and regularly update an authorized user list for any shared accounts.
    • e. Users must review account access logs at least monthly and report any suspicious activity.
    • f. Users must immediately revoke access for any compromised accounts or credentials.
    • g. Users must not share or reuse passwords across different services or platforms.
    • h. Users must update passwords at least every 90 days.

    Failure to comply with these security requirements may result in account suspension or termination. Zarla reserves the right to update these security requirements at any time with notice to users.

    6. Payment Terms

    6.1 Payment Methods

    We accept payment via credit card or other payment methods we may add. You authorize Zarla to charge your selected payment method for the applicable fees.

    6.2 Free Trials

    Any free trial period starts on the date of sign-up. You will need to input a valid payment method to start the free trial, but you will not be charged until the trial period ends. On the last day of the trial, your Account will automatically convert to a paid Subscription unless cancelled. Zarla reserves the right to limit free trial eligibility and may, in its sole discretion, prohibit combinations of free trials or creation of multiple Accounts to extend trial periods.

    6.3 Billing and Automatic Renewals

    Paid Services are billed in advance on a monthly or annual Billing Period basis. Subscriptions automatically renew at the end of each billing period unless cancelled. You must cancel at least 1 business day before the renewal date to avoid being charged for the next period.

    6.4 Pricing Changes

    Zarla reserves the right to change the fees for Paid Services at any time. Zarla will provide at least 30 days' notice of any price increase. Notice will be provided via email to the address associated with your Account and may also be posted on Zarla's Website. Price changes for existing subscribers will take effect at the start of the next Billing Period following the notice period.

    If you do not agree to a price change, you may cancel your Subscription at any time before the new price takes effect. If you do not cancel your Subscription before the price change takes effect, your continued use of the Services after the price change constitutes your acceptance of the new price. If you cancel your Subscription before the end of the current Billing Period, you will not receive a refund for any unused portion of your Subscription fees.

    6.5 Refunds

    Except as required by applicable law, paid fees are non-refundable after 30 days from the date of purchase. If you cancel within 30 days of your initial purchase you are eligible for a full refund. Refunds after 30 days will not be provided.

    7. Intellectual Property

    7.1 Zarla Intellectual Property

    Zarla and its licensors own all right, title, and interest, including all Intellectual Property Rights, in and to the Services. Except as expressly stated, these Terms of Use do not grant you any Intellectual Property Rights in the Services.

    7.2 User Content

    You retain ownership of the User Content you create and upload to the Services, including AI-generated Content, subject to the licenses granted to Zarla in Section 4.1. For clarity, Zarla's rights regarding AI-Generated Content are further detailed in Section 2.2. Zarla will not sell your User Content or create derivative works for commercial purposes without your consent.

    7.3 Feedback

    If you provide Zarla with any feedback, comments, or suggestions ("Feedback"), you grant Zarla a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback for any purpose without any obligation or compensation to you.

    7.4 IP Rights Interference

    You are prohibited from asserting any Intellectual Property Rights that could interfere with Zarla's operation of the Services.

    7.5 Third-Party Intellectual Property

    You are solely responsible for ensuring that your User Content does not infringe upon the intellectual property rights of any third party.

    7.6 Competitive Use Restrictions

    • a. You may not use the Services, directly or indirectly, to develop, test, support, or operate any competing product or service.
    • b. You may not engage in systematic analysis, collection, or extraction of AI-generated outputs, platform features, or service characteristics for competitive purposes.
    • c. If you have been employed by or contracted with Zarla within the past 24 months, you may not use insights, knowledge, or information gained from such relationship to develop competing services or to assist others in doing so.
    • d. These restrictions apply during your use of the Services and for a period of 24 months following termination or discontinuation of your use of the Services.
    • e. For purposes of this section, a "competing" product or service means any product or service that offers substantially similar functionality to any of Zarla's Services, including but not limited to website creation tools, AI-powered design tools, or business name generation services.

    Violation of these restrictions may result in immediate termination of your access to the Services and may subject you to legal action.

    8. Accessibility and ADA Compliance

    8.1 User Responsibilities

    You are solely responsible for ensuring that your User Platform complies with all applicable accessibility laws and regulations, including but not limited to the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and similar state and local laws. This responsibility includes:

    • a. Making any necessary modifications or customizations to your User Platform to ensure accessibility compliance. This could involve providing appropriate alt text for images, ensuring proper color contrast, and maintaining navigable structures.
    • b. Regularly testing your User Platform for accessibility compliance and making any necessary modifications or updates.
    • c. Ensuring that any third-party content, features, or applications integrated into your User Platform meet applicable accessibility requirements.
    • d. Ensuring that you and any individuals managing your User Platform are adequately trained in accessibility requirements and best practices.

    While Zarla provides tools and features that may assist in creating accessible content, the ultimate responsibility for compliance rests solely with you.

    8.2 Platform Features

    Zarla offers certain features designed to assist in creating accessible content. However, Zarla does not represent or warrant that using these features will result in compliance with any accessibility laws or regulations. The presence of these features does not constitute legal advice or guidance on accessibility compliance.

    8.3 Third-Party Content

    You acknowledge that your User Platform may incorporate third-party content, features, or applications that are beyond Zarla's control. You are responsible for ensuring that any third-party elements incorporated into your User Platform meet applicable accessibility requirements.

    8.4 Indemnification for Accessibility Claims

    You agree to indemnify and hold harmless Zarla, its affiliates, officers, directors, employees, and agents from any and all claims, demands, liabilities, losses, costs, and expenses (including attorney's fees) arising out of or related to:

    • a. Any actual or alleged violation of accessibility laws or regulations related to your User Platform.
    • b. Your failure to maintain accessibility compliance.
    • c. Any claims brought by third parties regarding the accessibility of your User Platform.

    8.5 Modifications and Testing

    • a. You acknowledge that you are responsible for regularly testing your User Platform for accessibility compliance and making any necessary modifications.
    • b. While Zarla may update its platform features from time to time, including accessibility-related features, you remain responsible for testing and ensuring your User Platform maintains compliance following any such updates.

    8.6 Disclaimer

    ZARLA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT USING ITS SERVICES WILL RESULT IN COMPLIANCE WITH THE ADA, WCAG, OR ANY OTHER ACCESSIBILITY LAWS OR REGULATIONS. THE ULTIMATE RESPONSIBILITY FOR ACCESSIBILITY COMPLIANCE RESTS SOLELY WITH YOU. ZARLA PROVIDES ACCESSIBILITY-RELATED FEATURES AS A COURTESY AND DOES NOT GUARANTEE THEIR EFFECTIVENESS OR SUITABILITY FOR YOUR SPECIFIC NEEDS. YOU ARE STRONGLY ENCOURAGED TO SEEK INDEPENDENT LEGAL COUNSEL AND ACCESSIBILITY EXPERTISE TO ENSURE YOUR USER PLATFORM MEETS ALL LEGAL REQUIREMENTS.

    8.7 Remediation

    If you receive any complaints or legal claims related to accessibility, you agree to:

    • a. Promptly notify Zarla of the complaint or claim.
    • b. Take immediate and reasonable steps to address the alleged accessibility issue.
    • c. Cooperate with Zarla in the investigation and defense of any such claims, while acknowledging that you retain primary responsibility for such claims.

    8.8 Training and Resources

    • a. You acknowledge that Zarla may provide educational resources or guidance regarding accessibility best practices. Such resources are provided for informational purposes only and do not constitute legal advice or guarantees of compliance.
    • b. You are responsible for ensuring that you and any individuals managing your User Platform are adequately trained in accessibility requirements and best practices.

    8.9 WCAG Conformance

    While Zarla strives to make its platform accessible, we make no guarantees of specific conformance levels to the Web Content Accessibility Guidelines (WCAG). You should consult with legal counsel and accessibility experts to determine the appropriate WCAG level for your specific circumstances.

    9. Third-Party Services and Affiliates

    The Services may contain links to third-party websites or resources ("Third-Party Services"), including sellers of goods and services. Zarla may participate in affiliate marketing programs, which means we may earn a commission when you click on or make purchases via designated affiliate links. You are solely responsible for evaluating, selecting, and using any Third-Party Services, including understanding their terms of use, privacy policies, and data practices. Zarla does not endorse or guarantee the availability, security, performance, or legality of any Third-Party Services. You assume all risks associated with using Third-Party Services, including any data sharing or security implications.

    10. Disclaimer of Warranties

    The Services are provided "as is" without warranty of any kind, express or implied. Zarla hereby disclaims all warranties, whether express, implied, or statutory, including, but not limited to:

    • a. The implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
    • b. That the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers making them available are free of viruses or other harmful components.

    10.1 Specific Disclaimers

    • a. AI-Generated Content: Zarla makes no warranties regarding the accuracy, completeness, reliability, or uniqueness of any AI-generated content. You are solely responsible for reviewing and validating such content before use.
    • b. Uptime for Free Services: While Zarla targets 99.9% uptime for Paid Services (as outlined in Section 11.1), we make no guarantees regarding uptime for Free Services. Availability may vary depending on factors such as system load, maintenance, and unforeseen circumstances.
    • c. Third-Party Integrations: Zarla makes no warranties about the performance, reliability, or security of any third-party integrations. You are solely responsible for selecting, managing, and using such integrations.

    Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

    11. Limitation of Liability and Damages

    11.1 Types of Excluded Damages

    To the maximum extent permitted by applicable law, in no event shall Zarla, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable for any:

    • a. Indirect damages
    • b. Consequential damages
    • c. Special damages
    • d. Incidental damages
    • e. Punitive damages
    • f. Exemplary damages
    • g. Costs of substitute goods or services
    • h. Loss of profits
    • i. Loss of data or data use
    • j. Loss of business
    • k. Loss of revenues
    • l. Loss of anticipated savings
    • m. Loss of goodwill
    • n. Business interruption
    • o. Reputational harm
    • p. Loss of business opportunity

    Whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Zarla has been informed of the possibility of such damage, and even if a limited remedy set forth herein is found to have failed of its essential purpose.

    11.2 Jurisdictional Variations

    Where the exclusion of certain warranties or the exclusion or limitation of certain types of liability is not permitted by law, Zarla's liability shall be limited to the greatest extent permitted by applicable law, and the scope and duration of any warranty shall be the minimum permitted under applicable law.

    11.3 Cap on Liability

    To the maximum extent permitted by law, Zarla's total liability to you for any damages (regardless of the foundation for the action) shall not exceed the amount you have actually paid to Zarla for the Services during the twelve (12) months immediately preceding the claim. The aggregate liability of Zarla and its affiliates, officers, employees, agents, suppliers, and licensors, relating to the services will be limited to an amount equal to the total fees paid by you to Zarla for the applicable Service in the twelve (12) months prior to the first event or occurrence giving rise to such liability. You acknowledge and agree that this limitation of liability is an essential part of these Terms of Use and Zarla's provision of the Services to you.

    11.4 Essential Purpose

    The parties acknowledge that this Section 11 is an essential part of the bargain between the parties and that the fees charged by Zarla reflect this allocation of risk. The limitations of liability provided in these Terms inure to the benefit of Zarla, its affiliates, and its and their officers, directors, employees, attorneys, and agents.

    11.5 Independent Application

    Each of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Zarla and you. Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to be construed as independent of any other provision including other limitations.

    11.6 Time Limitation

    To the extent permitted by applicable law, you agree that any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within the minimum time period prescribed by law. Claims not filed within this time frame will be permanently barred.

    11.7 Allocation of Risk

    You acknowledge and agree that the foregoing limitations of liability are essential elements of these Terms and that in the absence of such limitations, the material and economic terms of these Terms would be substantially different.

    11.8 Third Party Claims

    The limitations of liability provided in these Terms shall apply to any damages or claim for indemnification, whether based on an action in contract, warranty, strict liability, negligence, tort, or otherwise, and regardless of whether Zarla has been advised of the possibility of such damages.

    11.9 High Risk Activities

    The Services are not designed, manufactured, or intended for high risk activities. "High risk activities" includes, but is not limited to, activities where failure could lead to death, personal injury, or severe environmental damage, such as medical systems, emergency response systems, nuclear facilities operations, air traffic control, or direct life support systems. You agree not to use the Services for any high-risk activities. You understand and acknowledge that if you ignore our directive to not use our Services for any high-risk activities it is entirely at your own risk.

    11.10 Severability of Limitations

    Zarla acknowledges that certain limitations of liability, such as the exclusion of specific damages types and the liability cap, may be subject to judicial scrutiny. In the event any portion of Section 11 is deemed unenforceable, the remaining limitations shall be construed and applied to provide the maximum lawful protection to Zarla.

    12. Service Level Agreement

    12.1 Uptime Guarantee

    Zarla targets 99.9% uptime for Paid Services, excluding scheduled maintenance and factors outside our reasonable control. Service availability is measured against Core Functionality access, excluding periods where services are limited due to Resource Usage restrictions as defined in Section 3.3. The offer of service credits for downtime (and the amount) are at our discretion based on verified outages affecting core functionality, not including minor features or cosmetic issues. Credits must be requested within 30 days of the incident. The amount of the credit shall be limited to the fees paid by you for the Services during the 12 months preceding the event giving rise to the claim.

    12.2 Scheduled Maintenance

    Zarla will use commercially reasonable efforts to schedule maintenance during off-peak hours.

    12.3 Exclusive Remedy

    The service credits described in this Section 12 are your sole and exclusive remedy for any failure by Zarla to meet the service levels described herein.

    13. Data Privacy and Security

    13.1 Data Processing

    We comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). For more information on how we process Personal Data, please see our Privacy Policy. By using our Services, you acknowledge and consent to the collection, use, and processing of your Personal Data as described in our Privacy Policy. This includes:

    • a. Information you provide directly to us.
    • b. Information we collect automatically about your use of the Services.
    • c. Information we receive from third parties.
    • d. Information generated through your use of our AI-powered tools.

    13.2 Data Security

    We implement and maintain reasonable technical, organizational, and administrative security measures designed to protect your data from unauthorized access, disclosure, or misuse. These measures include:

    • a. Encryption of data in transit and at rest.
    • b. Access controls and authentication requirements.
    • c. Regular security assessments and audits.
    • d. Employee training on data security practices.

    However, no security system is impenetrable, and we cannot guarantee the absolute security of your data. You are responsible for maintaining the security of your Account credentials and for any activities that occur under your Account.

    13.3 Data Transfer and Storage

    Your data may be processed and stored in countries other than your own. By using our Services, you consent to the transfer of your data to countries where Zarla or its service providers maintain facilities, including countries that may have different data protection standards than your country of residence. We ensure appropriate safeguards are in place for such transfers in accordance with applicable data protection laws.

    13.4 Data Retention

    We retain your Personal Data only for as long as necessary to:

    • a. Provide and maintain your access to the Services.
    • b. Comply with our legal and regulatory obligations.
    • c. Resolve disputes and enforce our agreements.
    • d. Fulfill the purposes outlined in our Privacy Policy.

    You may request deletion of your Personal Data at any time, subject to:

    • a. Our legal obligations to retain certain data.
    • b. Technical limitations and backup systems.
    • c. Time needed for deletion to propagate through our systems.
    • d. Retention requirements for legitimate business purposes.

    13.5 Your Data Rights

    Depending on your location, you may have certain rights regarding your Personal Data, including:

    • a. The right to access your Personal Data.
    • b. The right to correct inaccurate data.
    • c. The right to request deletion of your data.
    • d. The right to restrict or object to processing.
    • e. The right to data portability.
    • f. The right to withdraw consent.

    To exercise these rights, contact us at hello@zarla.com. We will respond to your request within the timeframe required by applicable law.

    13.6 Data Breach Notification

    In the event of a data breach that affects your Personal Data, we will: - a. Notify you without undue delay if required by law. - b. Provide information about the breach and our response. - c. Take reasonable steps to minimize harm and prevent future incidents.

    13.7 Third-Party Data Processing

    Some of our Services involve Third-Party Service Providers who may process your data. These providers are contractually bound to:

    • a. Process data only according to our instructions.
    • b. Maintain appropriate security measures.
    • c. Comply with applicable data protection laws.
    • d. Not use your data for their own purposes.

    Our Services use cookies and similar tracking technologies in compliance with applicable laws. Where required by law, we will obtain your consent before using cookies that are not strictly necessary for the operation of the Services. You can control cookie settings through your browser, though some Services may not function properly if certain cookies are disabled.

    13.9 Communications

    • a. By using our Services, you consent to receive communications from Zarla, including but not limited to:
      • i. Service-related notifications and updates.
      • ii. Technical alerts and security announcements.
      • iii. Billing and subscription information.
      • iv. Resource Usage notifications.
      • v. Marketing communications (subject to your opt-out rights).
    • b. Critical service communications (such as security alerts, billing information, and Resource Usage notifications) cannot be opted out of while you maintain an active Account.
    • c. We will send communications to the email address associated with your Account. You are responsible for:
      • i. Maintaining a valid email address.
      • ii. Ensuring our communications are not blocked by spam filters.
      • iii. Promptly reviewing all communications from Zarla.
    • d. You may opt out of marketing communications at any time by:
      • i. Using the unsubscribe link in our emails.
      • ii. Updating your communication preferences in your Account settings.
      • iii. Contacting us at hello@zarla.com

    13.10 Notices

    We may provide notices to you via email, regular mail, or postings on the Services. Notices sent by email will be deemed received on the date sent.

    14. Indemnification

    14.1 Your Indemnification

    You agree to indemnify, defend and hold harmless Zarla, its affiliates, officers, directors, employees, consultants, agents, suppliers, and licensors from any and all third-party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your breach of these Terms of Use, your use of the Services, your violation of any law or regulation, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

    14.2 Our Indemnification

    Zarla agrees to indemnify and hold you harmless from any claims arising from our infringement of third-party Intellectual Property Rights.

    If you become involved in any legal proceeding against Zarla, whether as a plaintiff, defendant, or third party:

    • a. You must promptly notify Zarla in writing of such proceedings if they could affect service usage or data retention.
    • b. Zarla reserves the right to immediately suspend or modify your access to the Services.
    • c. You must preserve and may not delete any data relevant to the legal proceedings.
    • d. Zarla may implement special data retention protocols for your account.
    • e. Your obligation to pay for Services continues during any such suspension unless terminated by Zarla.
    • f. Zarla reserves the right to monitor and log all account activity during pending legal proceedings.

    This provision does not limit any other remedies available to Zarla under these Terms or applicable law.

    15. Mandatory Arbitration and Class Action Waiver

    15.1 Arbitration

    You and Zarla agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other Intellectual Property Rights.

    15.2 Class Action Waiver

    Any arbitration or court proceeding will take place on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ZARLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

    15.3 60-Day Right to Opt Out

    You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to hello@zarla.com, within sixty (60) days after first becoming subject to this Section.

    15.4 Changes to this Section

    Zarla will provide thirty (30) days' notice of any changes to this Section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this Section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.

    16. Governing Law, Jurisdiction, and Severability

    You and Zarla hereby waive any right to a jury trial and agree to resolve any disputes related to these Terms of Use or the Services through bench trials. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If you are a resident outside the United States, you may also have rights under the laws of your country. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

    17. Modification and Termination

    17.1 Modification of Services

    Zarla reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Zarla shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

    17.2 Termination

    These Terms of Use are effective until terminated by you or us. We may terminate or suspend your Account and refuse access to the Services at any time for any reason, including for breaches or violations of these Terms of Use, with or without notice to you. Termination of your Account may include deletion of your Account and User Content. If we terminate your access to the Services, these Terms of Use will terminate and all rights you have to access the Services will immediately cease. Zarla may, in addition to other relief, terminate these Terms of Use immediately upon notice to you if you commit a material breach of these Terms of Use. Zarla reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to terminate these Terms, at any time and without prior notice.

    17.3 Survival

    Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including but not limited to Sections 4 (User Content), 7 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 13 (Data Privacy and Security), 14 (Indemnification), 16 (Governing Law and Severability), and 21 (Definitions and Terminology).

    17.4 Asset Acquisition and Corporate Transactions

    • a. In the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Zarla's assets, or similar transaction:
      • i. These Terms and all associated user agreements automatically transfer to any successor entity.
      • ii. All rights, licenses, and obligations under these Terms continue in full force and effect.
      • iii. User Content and account data may be transferred to the successor entity.
      • iv. Users will be notified of any such transfer within 30 days prior to the transfer taking effect, except where prohibited by law or confidentiality obligations.
    • b. Zarla reserves the right to assign or transfer all or any part of its rights under these Terms to any:
      • i. Affiliate or subsidiary.
      • ii. Acquiring party in the event of a sale of assets or corporate reorganization.
      • iii. Successor entity in a merger or acquisition.
    • c. Such transfers and assignments do not require additional consent from users and will not be deemed a modification of the Services under Section 17.1.
    • d. Users may not assign or transfer their rights under these Terms without Zarla's prior written consent, and any attempted transfer without such consent shall be void.

    18. Export Controls

    You agree to comply with all applicable export control laws and regulations. You may not use or access the Services if you are located in a country embargoed by the United States or if you are on any U.S. government list of prohibited persons.

    19. Brand Protection

    You may not use Zarla's name, logos, or trademarks in any way that suggests partnership with or endorsement by Zarla without our prior written consent. This includes but is not limited to marketing materials, social media, website content, meta tags, ad keywords, or any other "hidden text" techniques.

    20. General Terms

    These Terms of Use, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Zarla Inc. and govern your use of the Services, superseding any prior agreements. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. You may not assign any of your rights or obligations under these Terms of Use without our express written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

    20.1 No Third-Party Beneficiaries

    These Terms of Use are intended for the benefit of you and Zarla, and no third party shall have any rights under these Terms.

    20.2 Confidentiality

    You agree not to disclose Zarla's confidential information, including but not limited to business plans, technology, and proprietary data, to any third party without our prior written consent.

    20.3 Compliance with Laws

    Both you and Zarla agree to comply with all applicable laws and regulations related to the use of the Services.

    20.4 Open Source Software

    The Services may include software components provided under open source licenses. Your use of such components is subject to the terms of the applicable open source licenses, not these Terms of Use.

    20.5 Force Majeure

    • a. Neither party shall be liable for any failure or delay in performance under these Terms of Use (except for payment obligations) due to Force Majeure Events (as defined in the Definitions section) beyond its reasonable control. The affected party must promptly notify the other party of the Force Majeure Event and make reasonable efforts to mitigate its effects.

    21. Definitions and Terminology

    The following Terms, when capitalized in these Terms of Use, shall have the meanings assigned to them below. Other capitalized Terms are defined in the context in which they are used.

    "Account" means a registered user account that provides access to the Services.

    "AI-Generated Content" means any content, including but not limited to text, images, code, or designs that is created, produced, or generated by Zarla's artificial intelligence or machine learning systems.

    "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

    "Billing Period" means the recurring monthly or annual period for which you are charged for paid Services.

    "Content" means any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials.

    "Core Functionality" means the essential features of the Services necessary for their primary intended use, including but not limited to: website hosting and display, domain connectivity, content management system access, and basic platform navigation. This excludes auxiliary features such as analytics, advanced customization options, or supplementary tools.

    "Custom Domain" means a web domain name that you own or control and use with our Services.

    "Disputes" means any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services. This includes, but is not limited to, claims related to account access, billing issues, service availability, content rights, or intellectual property matters directly pertaining to the Services.

    "Domain Name Registration" means the registration of an internet domain name through Zarla's domain registration service. Domain names registered through Zarla are subject to the Terms of Use and the applicable registry's terms and conditions. Free domain offers are limited to specific top-level domains and are subject to availability and acceptable use policies.

    "Feedback" means any suggestions, ideas, comments, improvements, or other input that you provide regarding the Services, including but not limited to feature requests, bug reports, and usability Feedback.

    "Force Majeure Events" means circumstances beyond a party's reasonable control that prevent or delay performance under these Terms, including but not limited to:

    • a. Natural disasters (such as extreme weather events, earthquakes, floods, hurricanes, volcanic eruptions).
    • b. Human events (such as war, invasion, military operations, terrorism, sabotage, civil unrest, riots, government actions or restrictions).
    • c. Public health events (such as pandemics, epidemics, quarantines, travel restrictions, health authority directives).
    • d. Infrastructure and technical events (such as power outages, telecommunications failures, internet backbone disruptions, or critical supply chain disruptions).

    "Free Services" means any Services provided by Zarla without charge.

    "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other Intellectual Property Rights that may exist now or come into existence in the future, and all applications and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

    "Paid Services" means any Services provided by Zarla for which a fee is charged.

    "Personal Data" means any information relating to an identified or identifiable natural person as defined by applicable data protection laws.

    "Privacy Policy" means Zarla's privacy policy, available at https://www.zarla.com/privacy-policy.

    "Resource Usage" means the consumption of system resources including but not limited to storage space, bandwidth, database capacity, and concurrent visitors.

    "Services" means all products, services, features, technologies, software, websites, and applications provided by Zarla.

    "Subscription" means a paid arrangement that provides access to specific Services for a defined period.

    "Technical Limitations" means the quantifiable restrictions on Resource Usage as specified in Section 3, including but not limited to storage space limits, and bandwidth caps.

    "Third-Party Services" means services, products, promotions, or websites provided by parties other than Zarla that may integrate with or be linked from the Services.

    "Tucows Terms" means the domain registration agreement provided by Tucows Inc., our domain registration service partner. This agreement governs the registration, renewal, transfer, and management of domain names through Zarla's Services. The Tucows Agreement includes important terms regarding domain ownership, transfers, and dispute processes. Users who register, renew, or transfer domain names through Zarla are bound by both these Terms of Use and the Tucows Agreement. The current version of the Tucows Agreement can be obtained by contacting our support team.

    "User Content" means any Content that users submit, upload, publish, or transmit through the Services, including but not limited to text, files, images, photos, videos, sounds, musical works, works of authorship, applications, links, and other materials.

    "User Platform" means any online presence created using the Services, including but not limited to websites, landing pages, online stores, digital business cards, and social media profiles.

    "Website" means any website directly operated by Zarla, including but not limited to zarla.com and all subdomains thereof. This definition does not include user-created sites hosted on Zarla's platforms, which are covered under the definition of "User Platform".

    21.1 General Notes:

    • a. The singular includes the plural and vice versa.
    • b. References to "including" or "includes" mean including but not limited to.
    • c. References to "you" or "your" refer to the individual or entity using the Services.
    • d. References to "we," "us," "our," or "Zarla" refer to Zarla Inc., its affiliates, subsidiaries, and divisions.
    • e. Headings are for convenience only and do not affect interpretation.

    These definitions may be updated from time to time in accordance with the modification provisions in these Terms of Use.