Terms and Conditions
Zap Kapital Terms of Use
Last Revised on [August, 2024]
1. Introduction
Welcome to Zap Kapital LLC ("Zap Kapital," "we," "us," or "our"). By accessing or using our website, www.zapkapital.com ("Website"), or any services provided by Zap Kapital or its affiliates (collectively, "Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Eligibility
You must be at least thirteen (13) years old to use the Service. By accessing or using the Service, you represent and warrant that you meet this age requirement and have the authority to enter into these Terms.
3. Account Creation and Security
When creating an account, you agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account and for all activities under your account. Notify us immediately of any unauthorized use or breach of security. You are solely responsible for any unauthorized use of your account and any consequences thereof.
4. Use of the Service
The Service is provided primarily as a loan brokerage platform. We act as an intermediary between you and potential lenders, but we do not guarantee funding, the number of matches, or the terms offered by third-party lenders. You acknowledge that we do not control third-party lenders and make no guarantees regarding their terms, availability, or suitability. You are responsible for verifying the credibility and terms of any third parties you engage with through the Service.
5. License
We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for its intended purposes only. You may not reproduce, modify, distribute, or create derivative works based on any content from the Service without our prior written consent.
6. Intellectual Property
All content and materials on the Service are owned by Zap Kapital or its licensors and are protected by intellectual property laws. You may not use any content from the Service for commercial purposes without explicit written permission.
7. Privacy
Our Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Service, you consent to the practices described in the Privacy Policy. Please review our Privacy Policy for detailed information.
8. Availability and Accuracy
The Service may be subject to errors, inaccuracies, and availability issues. We strive to provide accurate and up-to-date information but do not guarantee the accuracy, completeness, or reliability of the Service. We reserve the right to correct any errors or update information without prior notice.
9. Third-Party Links
The Service may contain links to third-party websites or services that are not owned or controlled by Zap Kapital. We are not responsible for the content, privacy policies, or practices of any third parties. You should review the terms and privacy policies of any third-party sites you visit.
10. Copyright and Intellectual Property Complaints
If you believe that your intellectual property rights have been infringed, please contact us with the following information: (i) a description of the work, (ii) identification of the infringing material, (iii) your contact information, and (iv) a statement of good faith belief that the material is not authorized.
11. Compliance with Laws
You agree to comply with all applicable laws and regulations in connection with your use of the Service. You warrant that your use of the Service does not violate any law or third-party rights.
12. Indemnification
You agree to indemnify, defend, and hold harmless Zap Kapital and its affiliates from any claims, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.
13. Disclaimers
The Service is provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be error-free or uninterrupted.
14. Limitation of Liability
To the maximum extent permitted by law, Zap Kapital and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability for any claim related to the Service will not exceed the amount paid by you for the Service in the six (6) months preceding the claim.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas. Any disputes will be resolved through binding arbitration in Austin, Texas, under the rules of the American Arbitration Association. You consent to the exclusive jurisdiction of the courts located in Austin, Texas, for the enforcement of any arbitration award.
16. Class Action Waiver
You agree that any disputes will be resolved on an individual basis and not as part of a class action. You waive any right to participate in a class action or representative action.
17. Termination
We reserve the right to terminate or suspend your access to the Service at our discretion, without notice, for any reason including, but not limited to, breaches of these Terms.
18. User Content
You are solely responsible for any content you submit or post through the Service. We do not endorse any user content and are not responsible for its accuracy, legality, or appropriateness.
19. Feedback
Any feedback or suggestions you provide regarding the Service are voluntary. By submitting feedback, you grant us a perpetual, royalty-free, worldwide, non-exclusive license to use and incorporate your feedback into our Service.
20. Security
We implement reasonable security measures to protect your information, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for any unauthorized use of your account.
21. Force Majeure
We are not liable for any failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of war, or government actions.
22. Electronic Communications
By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account and updates about our Service.
23. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
24. Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.
25. Miscellaneous
These Terms constitute the entire agreement between you and Zap Kapital regarding the Service and supersede any prior agreements. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
26. Changes to Terms
We reserve the right to modify or update these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Service constitutes acceptance of the updated Terms. If you do not agree to the new Terms, please stop using the Service.
27. Contact Us
For questions or concerns about these Terms or the Service, please contact us at [email protected].