Zigass Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and WinSberg LLC ("Zigass," "we," "us," or "our"). These Terms govern your access to and use of the Zigass website located at https://www.zigass.com (the "Website"), any other websites owned or operated by WinSberg, the Zigass mobile app (the "App"), our customer service (including refunds), and all related resources, features, functionality, or services offered through the Website and/or App (collectively, the "Service").

2. Availability of the Service

Zigass reserves the right, in its sole discretion, to modify, restrict access to, refuse service to (including for any reason), or discontinue, temporarily or permanently, the Website, the App, or the Service (or any part thereof) without prior notice. You acknowledge and agree that Zigass shall not be liable to you or any third party for any claim or loss arising from such modification, suspension, or discontinuance of the Service.

# Acceptance of Terms

By accessing or using the Zigass Website and/or App, you acknowledge that you have read, understood, and agree to be bound by these Terms, regardless of whether you are a registered user. Your use of the Website and/or App is expressly conditioned upon your compliance with these Terms.

3.1 Modifications to Terms

Zigass reserves the right, at its sole discretion, to modify, amend, or update these Terms at any time without prior notice or liability to you. Your continued use of the Website and/or App following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to periodically review these Terms for any updates. The "Last Updated" date at the top of these Terms indicates when the latest revisions were made. If you do not agree to any modifications to these Terms, you must immediately cease using the Website and/or App.

3.2 Additional Terms and Conditions

Zigass may also post additional terms, conditions, rules, or requirements relating to specific features, services, or sections of the Website and/or App. These supplemental terms are incorporated by reference into these Terms and form an integral part of this agreement. In the event of a conflict between these Terms and any supplemental terms, the supplemental terms shall govern with respect to the specific feature, service, or section to which they apply.

3.3 Separate Agreements

Zigass may offer certain services or features that are governed by separate agreements. In such cases, your use of those services or features will be subject to the terms and conditions of those separate agreements.

# Zigass’s Role in Transactions

Zigass operates an online marketplace platform that enables eligible merchants to offer and sell goods to buyers. It is crucial to understand that Zigass's role is strictly limited to providing this platform. Zigass is not a party to the direct transaction between buyers and merchants. Consequently, any rights or remedies a buyer may have regarding a purchased item are solely against the selling merchant, not against Zigass.

While Zigass facilitates the transaction process, it does so as an agent for the limited purposes of payment processing, chargeback management, refunds, customer service related to transactions, and transaction adjustments. This includes:

• Payment Processing: Zigass facilitates the secure processing of payments between buyers and merchants, receiving and holding transaction funds on behalf of buyers until the transaction is complete.
• Fund Disbursement: Zigass manages the disbursement of funds to merchants once the applicable conditions of the transaction are met.
• Chargeback Management: Zigass assumes financial responsibility for chargebacks initiated by buyers. Zigass will investigate and resolve disputes between buyers (cardholders) and merchants related to chargebacks. In cases of suspected fraud, Zigass and its payment service providers will conduct a joint investigation in accordance with their respective contractual obligations. This includes collaborating on fraud prevention and detection measures.
• Transaction-Related Customer Service: Zigass provides customer service support related to transaction issues, such as payment inquiries, refund requests, and order discrepancies. However, Zigass's support is limited to the transactional aspects and does not extend to product-specific inquiries or issues, which remain the responsibility of the selling merchant.
• Transaction Adjustments: Zigass may process adjustments to transactions, such as refunds or partial refunds, as necessary and in accordance with these Terms and Conditions.

Zigass's financial liability is specifically limited to chargeback management as described above. Zigass does not assume any liability for the quality, safety, legality, or availability of the goods offered by merchants on the platform. Such responsibility lies solely with the respective merchant.

For any questions or concerns regarding these Terms and Conditions or the role of Zigass in transactions, please contact the Zigass Support Center.

# User Conduct and Responsibilities

4.1 Service Overview and Communications

The Service encompasses various features, including media sharing, communication tools, personalized content, and e-commerce functionalities. You acknowledge and agree that the Service may include advertisements, which support Zigass in providing the Service. You also understand and agree that the Service may include communications from Zigass. By using the Website, App, or Service, you consent to receive Email, SMS and Calls communications from us. You agree that WinSberg LLC (registration number: 202513959, registered address: 651 N Broad St, Suite 201, Middletown, DE 19709, New Castle County) and its affiliates may collect, process, and share your personal data (including sensitive data) with partners for purposes related to providing the Service. Your initial preferences will be set to allow interactions from our partners and merchants from whom you purchase products. You can modify these preferences at any time in your "Settings."

4.2 Account Security and Usage

You are responsible for maintaining the confidentiality of any user IDs, names, and passwords associated with your account and should not share them with unauthorized individuals. While you may have multiple accounts on Zigass, using multiple accounts for a single user or sharing an account among multiple users to gain additional rewards is strictly prohibited. Zigass reserves the right to withhold rewards earned through such activity.

4.3 Service Enhancements

Unless explicitly stated otherwise, any new features or functionalities that enhance the current Service, including new properties, will be subject to these Terms.

4.4 User Representations and Warranties Regarding Content

You represent and warrant that any information you post or display on the Website or App:

• Is true, accurate, complete, and lawful.
• Is not false, misleading, or deceptive.
• Does not contain defamatory, libelous, threatening, harassing, obscene, objectionable, offensive, sexually explicit, or harmful content, especially to minors.
• Does not contain discriminatory content or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Does not violate any of Zigass’s policies or these Terms.

4.5 User Conduct and Prohibited Activities

You represent and warrant that you will:

• Conduct your activities on the Website and App in compliance with all applicable laws and regulations.
• Conduct your activities in accordance with these Terms and any applicable additional agreements.
• Not use the Service to defraud any person or entity (including, but not limited to, the sale of stolen items or the use of stolen credit/debit cards).
• Not impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Not engage in spamming or phishing.
• Not engage in any unlawful activities (including activities that would constitute a criminal offense or give rise to civil liability) or encourage or abet any unlawful activities.
• Not attempt to copy, reproduce, exploit, or expropriate the Service's proprietary directories, databases, and listings.
• Not introduce computer viruses or other destructive devices or code that could damage, interfere with, intercept, or expropriate any software, hardware, data, or personal information.
• Not attempt to undermine the integrity of Zigass's data, systems, or networks or gain unauthorized access to them.
• Not engage in any activities that could create liability for Zigass or its affiliates.

# Age Restrictions and Eligibility

5.1 Minimum Age Requirement

By registering an account and using the Service, you represent and warrant that you are at least 13 years of age. Individuals under the age of 13 are strictly prohibited from creating accounts or using the Service. Parents or legal guardians may not consent to these Terms on behalf of children under 13.

5.2 Compliance with Local Laws

If you reside in a state, province, or country that imposes additional or different age requirements for the disclosure of personally identifiable information or the use of online services like the Service, you represent and warrant that your registration, the provision of your personally identifiable information to us, and our use of such information as described in our Privacy Policy comply with all applicable laws and regulations of your place of residence. You are solely responsible for ensuring that your use of the Service is compliant with all local laws and regulations.

# User Communications and Monitoring

6.1 Monitoring and Content Removal

Zigass reserves the right, but does not have the obligation, to monitor, review, edit, refuse to post, or remove any user-generated content, postings, or submissions on the Website or App, at its sole discretion.

6.2 Consent to Receive Communications

By using the Website, App, or Service, or communicating with Zigass or other users through the Website or App, you expressly consent to receive communications from Zigass. These communications may include, but are not limited to, emails, text messages, in-app notifications, social media messages, and other electronic or conventional communication methods, whether currently existing or developed in the future.

6.3 Prohibited Communication Practices

You agree not to misuse the communication tools available through the Website or App. Prohibited practices include, but are not limited to:

• Spamming: Sending unsolicited or bulk messages.
• Spoofing: Impersonating another person or entity or misrepresenting your identity.
• Sending unsolicited commercial messages or other unauthorized solicitations.
• Transmitting any content that violates these Terms.

# Privacy

7. Privacy and Consent Policy

Your privacy is important to us. By accessing or using the Website, App, or Service, you acknowledge that you have read, understood, and agree to the terms and conditions outlined in our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and share your personal information. You can access the Privacy Policy at here

# Intellectual Property Rights

8.1 Ownership of Content

The Website, App, and all content and intellectual property rights associated with them, including but not limited to patents, copyrights, trademarks, service marks, logos, designs, software, code, and data (collectively, the "Content"), are owned by Zigass or its licensors. All rights, title, and interest in and to the Website, App, and the Content remain exclusively with Zigass or its licensors.

8.2 Restrictions on Use

You are prohibited from removing, altering, or obscuring any copyright, trademark, or other intellectual property or proprietary rights notices or legends contained on the Website, App, or within the Content. You agree not to access the Service by any means other than through the interfaces provided by Zigass via the Website or App. Your use of the Website, App, or Service does not grant you any license or right to reproduce, modify, distribute, display, perform, or otherwise use any of Zigass's intellectual property without prior written consent.

8.3 Disclaimer Regarding Content Accuracy

The Content is provided for general informational purposes only and does not constitute professional advice. You should not rely on the Content as a substitute for professional or specialized advice. Zigass disclaims all liability for any damages or losses (whether economic or non-economic) arising from reliance on the Content. You should seek appropriate professional advice before taking or refraining from any action based on the Content.

8.4 No Warranty of Accuracy

While Zigass makes reasonable efforts to keep the information on the Website and App up-to-date, we make no representations, warranties, or guarantees, whether express or implied, that the Content is accurate, complete, reliable, current, or error-free.

# User Submissions and Feedback

9.1 User Submissions

Zigass welcomes your feedback. However, if you submit, post, or embed any feedback, messages, comments, creative or original concepts or ideas, content, data, text, photographs, graphics, or other materials, or any confidential, proprietary, or other information (a "Submission") on the Website, App, or through the Service, you represent and warrant to Zigass that you either own the Submission or have the necessary rights to grant Zigass the license described below.

9.2 License Grant to Zigass

By providing a Submission, you agree that:

• Zigass is not obligated to compensate you for any use of the Submission beyond providing access to the Service.
• The Submission will not be considered confidential or non-public.
• Zigass has the sole discretion to decide whether to post or use any part of the Submission.
• If Zigass posts or uses the Submission, it becomes publicly available and can be used by others as described below.

Furthermore, by providing a Submission, you:

• (a) Agree not to submit any content that violates these Terms or constitutes "Inappropriate Content" (as defined below).
• (b) Automatically grant Zigass a perpetual, worldwide, irrevocable, unlimited, transferable, assignable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission ¹ (in whole or in part) and to exercise all copyright, publicity, and other rights with respect to the Submission in any media now known or hereafter developed.
  
• (c) To the extent permitted by applicable law, waive any moral rights you or your licensors may have in the Submission.
• (d) Agree to indemnify and hold Zigass harmless from any third-party claims, fees, royalties, costs, or expenses arising from Zigass's or its licensees' use of the Submission.

9.3 License Grant to Other Users

You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service and to use, reproduce, collect, distribute, share, display, and perform the Submission as permitted by the Service and these Terms.

9.4 Inappropriate Content and Content Removal

Zigass reserves the right to remove any content at any time, with or without notice. "Inappropriate Content" includes, but is not limited to:

• Firearms, weapons, and related items.
• Alcoholic beverages.
• Illegal drugs and drug paraphernalia.
• Tobacco and tobacco products.
• Adult or pornographic material.
• Offensive, hateful, or discriminatory content.
• Obscene material.

Zigass may disclose your identity to any third party claiming that content you posted violates their intellectual property rights or right to privacy. Verbal or written abuse (including threats) of any Zigass employee, officer, partner, or customer may result in immediate account termination.

9.5 Viruses and Malicious Code

You are prohibited from introducing viruses, spyware, worms, or any other malicious software or code to the Website, App, or Service. Zigass is not responsible for any such malicious software or code introduced by users.

9.6 User-Generated Content Disclaimer

The Website and App may include information and materials uploaded by other users, including on bulletin boards and chat rooms. Zigass has not verified or approved this content and is not responsible for its accuracy or legality. The views expressed by other users do not represent Zigass’s views or values.

# Termination

10.1 Termination by Zigass

Zigass reserves the right to terminate your access to the Website, App, and/or your user account, at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: 

• Breach of these Terms.
• Violation of any applicable law, rule, or regulation, including, without limitation, violations of intellectual property rights (whether belonging to Zigass or a third party).
• Engaging in conduct that Zigass, in its sole discretion, deems harmful to the Website, App, the Service, other users, or Zigass's business interests.

10.2 Effects of Termination

Upon termination, your right to use the Website, App, and Service will immediately cease. Zigass will have no further obligations, responsibilities, or liabilities to you or any third party following termination. This includes, but is not limited to, any obligation to provide access to your account or any content you may have submitted.

10.3 Remedies for Breach

Notwithstanding anything to the contrary in these Terms, Zigass's right to terminate your access is in addition to any other rights or remedies available to Zigass at law or in equity. Zigass reserves the right to pursue any and all legal and equitable remedies for any claims, damages, awards, costs, and/or liabilities resulting from your breach of these Terms or violation of applicable law.

# Links to Third-Party Websites and Content

11.1 Third-Party Links and Content

The Website, App, and Service may contain links to third-party websites that are not owned or controlled by Zigass. These links are provided for convenience only, and Zigass does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any linked websites. You acknowledge and agree that Zigass is not liable for any loss or damage that may arise from your use of any third-party websites or resources. You are solely responsible for evaluating the accuracy, completeness, and usefulness of any information, opinions, advice, or other content available through linked websites.

The Website and/or App may also display news, advertisements, content, images, and information provided by third-party providers. Your use of such third-party content may be subject to separate terms and conditions imposed by those third parties. You are solely responsible for reviewing and complying with any such terms and conditions.

11.2 User Responsibility for Security

You are solely responsible for taking precautions to protect yourself, your devices, and your systems from viruses, worms, Trojan horses, and other harmful content that may be encountered through third-party websites or content.

11.3 Linking to the Zigass Website

You may link to the Zigass homepage (https://www.zigass.com) provided that you do so in a fair and legal manner that does not damage or exploit our reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you. The website from which you are linking must comply in all respects with the content standards set forth in these Terms.

11.4 Prohibited Linking Practices

You are prohibited from:

• Framing our site on any other site.
• Creating a link to any part of our site other than the homepage without prior written consent.

11.5 Right to Withdraw Linking Permission

Zigass reserves the right to withdraw linking permission at any time, without notice and for any reason.

# Copyright Infringement

12. Copyright Infringement Claims

Zigass respects the intellectual property rights of others and is committed to complying with applicable copyright laws. It is our policy to respond to clear notices of alleged copyright infringement.

12.1 Notice of Claimed Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, App, or Service, please provide our designated Copyright Agent with a written notification containing the following information:

• 1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• 2. Identification of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, please provide a representative list of such works.
• 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Zigass to locate the material (e.g., a URL or specific description of where the material is located within the Website or App).
• 4. Information reasonably sufficient to permit Zigass to contact you, such as your address, telephone number, and email address.
• 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12.2 Contact Information for Copyright Agent

Please send your written notification of claimed infringement to our designated Copyright Agent at:

Law & Legal Compliance Department for Copyright Service

12.3 Counter-Notification

If you believe that material you posted on the Website, App, or Service was removed or access to which was disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent. Your counter-notification must contain the following information: 

• 1. Your physical or electronic signature.
• 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
• 3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
• 4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Zigass may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.

# Taxes and Import Duties

13.1 Compliance with Tax Laws

Zigass encourages all merchants and customers to comply with applicable tax laws, including sales taxes, customs duties, and value-added taxes (VAT).

13.2 Customer Responsibility for Taxes and Duties

Due to varying tax jurisdictions, purchases made through the Website or App may be subject to sales taxes, customs duties, import taxes, VAT, or other similar taxes and duties imposed by the destination country. You, as the customer, are solely responsible for paying any such applicable taxes and duties. These charges, if applicable, are in addition to the price of the goods and any shipping costs.

13.3 Importer of Record

When placing an order through the Website or App, you acknowledge and agree that you are the importer of record for the goods and are responsible for complying with all laws and regulations of the destination country, including, but not limited to, customs regulations, import restrictions, and tax requirements. This may include providing necessary documentation to customs authorities and paying any applicable duties or taxes.

13.4 Potential Impact on Shipping

The imposition of customs duties or import taxes may result in increased shipping times and costs. Zigass is not responsible for any delays or additional costs incurred due to customs procedures or the payment of import duties or taxes.

# Ordering Process

14.1 Placing an Order

The following steps outline the process for placing an order on the Zigass Website or App:

1. Product Selection: Choose the desired product and select any applicable variants (e.g., color, size, bundle options, or other attributes).
2. Add to Cart: Add the selected product to your shopping cart.
3. Purchase Method: Select either the standard purchase method or the "Buy Smartly" option for potential additional benefits.
4. Quantity Selection: Choose the desired quantity (the default is one).
5. Proceed to Checkout: Click "Buy" or proceed to the checkout page.
6. Review Buy Smartly Opportunities: Verify available savings opportunities within your "Wallet" through the ShopWise - Rewards Realm Program.
7. Shipping and Personal Information: Provide your personal data and shipping information.
8. Order Confirmation: Review all order details and confirm your order.
9. Payment Information: Enter your payment card information, including card number, expiration date, and CVV code. Please note that card data is encrypted and processed securely by a third-party payment processor.
10. Order Processing: The merchant will receive your order information approximately two hours after payment confirmation. You may cancel your order within this two-hour window by using the cancellation option located at the bottom of the order page (see "Refunds and Cancellations").

14.2 Order Acceptance and Merchant Discretion

Please note that a merchant may not always be able to accept an order due to various reasons, such as import restrictions in your country or other unforeseen circumstances. An order becomes binding only upon acceptance by the merchant.

14.3 Shipping and Delivery

Merchants typically ship orders within 1-2 business days. However, actual delivery times may vary depending on your location and other factors beyond Zigass's control.

14.4 Payment Processing Entity

Your payment may be processed through WinSberg LLC (registration number: 202513959, registered address: 651 N Broad St, Suite 201, Middletown, DE 19709, New Castle County).

14.5 Sales Tax Adjustments

In the event of a change in the applicable sales tax rate between your order date and the date the product is supplied to you, Zigass reserves the right to adjust the sales tax amount you are required to pay.

# Refunds and Cancellations

15.1 Full Refunds

You are entitled to a full refund under the following circumstances:

• Non-Delivery: If the product has not been delivered within 75 days of the purchase date. This period may be temporarily extended in specific cases, and you will be notified of any such extension before your order is accepted.
• Product Defects or Misrepresentation: If the product's quality is significantly inferior to the description provided on the Website or App (e.g., the item is defective, damaged in a way not disclosed in the description, or the product description contains substantial inaccuracies), preventing proper use of the product.
• Withdrawal within 14 Days (Cooling-Off Period): If you change your mind within 14 days of receiving the product, provided that the product is returned in the same condition in which it was received. New items must be returned new, unused, and complete, including all original packaging and accessories. Used items must be returned without any additional signs of use or damage beyond what was originally described.

15.2 Return Process

To initiate a return, you must contact Seller or our Customer Support team to obtain the correct return address. Returning the product to an incorrect address may result in the rejection of your refund request. You must provide proof of return shipment to our support team before a refund can be processed. We aim to respond to all refund requests within 48 hours of receiving proof of return shipment. You are responsible for the cost of return shipping.

15.3 Non-Returnable Items

The following items are not eligible for return unless they are received defective:

• Hygiene Products: Products that are unsuitable for return due to health protection or hygiene reasons if they have been unsealed after delivery or have been inseparably mixed with other items after delivery.
• Sealed Media: Sealed audio or video recordings or sealed software (including video games) that have been unsealed after delivery.
• Personalized Goods: Goods made to your specifications or clearly personalized, such as personalized and handmade items.
• Perishable Goods: Goods that may deteriorate or expire rapidly.
• Services: Services that have been fully performed by the supplier, provided that you agreed at the time of order that the supplier could begin performance and that you would not be able to cancel once performance had begun.
• Digital Content (Non-Tangible Medium): Digital content (including apps, digital software, e-books, MP3s, etc.) not supplied on a tangible medium (e.g., CD or DVD), provided that you agreed at the time of order that the supplier could begin delivery and that you would not be able to cancel once delivery had begun.
• Damaged Goods (User-Caused): Goods damaged due to abuse, negligence (e.g., exposure to chemicals, caustic substances, open flame, high heat, sharp objects), misuse, or use for purposes other than their intended purpose.

15.4 Partial Refunds

You may be eligible for a partial refund if the product's quality is slightly different from the description provided but you are still able to use the product. The amount of the partial refund will be determined at Zigass's discretion.

# Request a Refund

16. Refund Request Process

You can request a refund through the following methods, depending on the reason for your request:

16.1 Cancellation within 2 Hours of Purchase:

If less than two hours have passed since you placed your order, you can cancel it and receive a full refund. To do so:

1. Navigate to "My Purchases History."
2. Select the order you wish to cancel.
3. Tap the "Order Cancellation" button located at the bottom of the order page.

16.2 Refunds Due to Product Defects or Misrepresentation:

If the product you received is significantly different from the description on the Zigass Website or App (e.g., the item is defective, damaged in a way not disclosed in the description, or the product description contains substantial inaccuracies), you can request a refund. To do so:

1. Navigate to "My Purchases History."
2. Select the order you wish to request a refund for.
3. Tap "Product Related Issues."

16.3 Refunds Due to Non-Delivery:

If 60 days (or the extended period as specified in the "Refunds and Cancellations" section of these Terms) have passed since the purchase date and your order has not been delivered, you can request a refund. To do so:

1. Navigate to "My Purchases History."
2. Select the order you wish to request a refund for.
3. Tap "No" on the green pop-up notification (if applicable).

16.4 Refunds Due to Change of Mind (within 14 Days):

If you have changed your mind about a purchase within 14 days of receiving the product (and the product meets the return conditions outlined in the "Refunds and Cancellations" section), you can request a refund. To do so:

1. Navigate to "My Purchases."
2. Select the order you wish to request a refund for.
3. Tap "Product Related Issues."

# Refund Processing

17.1 Refund Method

Refunds will be issued exclusively to the original payment method used for the purchase.

17.2 Refund Processing Time

We aim to process valid refund requests within 14 days. Our typical processing time is 2-3 business days. However, please note that processing times may vary depending on your payment provider and other external factors beyond Zigass's control.

# Warranty Disclaimer

18.1 General Disclaimer

Neither Zigass, nor its licensors or suppliers, makes any representations or warranties regarding any content contained in or accessed through the Service. Zigass will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service. Zigass (and its licensors and suppliers) makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services offered or purchased through the Service (whether or not following such recommendations and suggestions) are provided "AS IS" and without any warranty of any kind from Zigass or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).

18.2 "AS IS" Basis

THE SERVICE AND CONTENT ARE PROVIDED BY ZIGASS (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

18.3 International Purchases Disclaimer

For products shipped internationally, please be aware that:

• Any manufacturer's warranty may not be valid.
• Manufacturer service options may not be available.
• Product manuals, instructions, and safety warnings may not be in ¹ the language of your destination country.
  
• The products and accompanying materials may not be designed in accordance with destination country standards, specifications, and labeling requirements.
• The products may not conform to destination country voltage and other electrical standards (which may require the use of an adapter or converter).

You are responsible for ensuring that the product can be lawfully imported into your country. When ordering from the Website or App, you are the importer of record and must comply with all laws and regulations of your country.

# LIMITATION OF LIABILITY

19.1 Exclusions from Limitation

Nothing in these Terms excludes or limits our liability to you where it would be unlawful to do so. This includes liability for:

• Death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
• Fraud or fraudulent misrepresentation.

19.2 General Limitation of Liability

Subject to Section 19.1, to the fullest extent permitted by applicable law, under no circumstances and under no legal theory (including, without limitation, tort (including negligence), contract, breach of statutory duty, strict liability, or otherwise) shall Zigass (or its licensors or suppliers) be liable to you or to any other person for:

• (a) Any Damages: Any damages whatsoever (even if foreseeable) arising from your selection, use of, inability to use, or the suitability of the Website, App, or any use by you of, or reliance by you on, the information, content, merchandise, and experiences provided via the Website and/or App, or the purchase or use of products, merchandise, or experiences via the Website or App, including any indirect, special, incidental, exemplary, punitive, or consequential damages of any kind, including damages for loss of profits, sales, business, or revenue, loss of business opportunity, goodwill, or reputation, loss of anticipated savings, work stoppage, inaccuracy of results, or computer failure or malfunction.
• (b) Aggregate Liability Cap: Any amount, in the aggregate, exceeding the greater of:
  • (i) €100 (one hundred euros); or
  • (ii) The total amount paid by you to Zigass in connection with the Service during the twelve (12) months preceding the applicable claim; or
  • (iii) Any matter beyond our reasonable control.

# Indemnity

20. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Zigass, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses, costs, and expenses (including reasonable attorneys' fees) arising from or in any way related to any third-party claims relating to:

• (a) Your use of the Service (including any actions taken by a third party using your account).
• (b) Your violation of these Terms or any applicable law, rule, or regulation.

In the event of such a claim, suit, or action ("Claim"), Zigass will make reasonable efforts to provide notice of the Claim to the contact information associated with your account. However, any failure to provide such notice shall not relieve you of your indemnification obligations under these Terms.

21. Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations under these Terms, or your Service account, in whole or in part, by operation of law or otherwise, without Zigass's prior written consent. Zigass may freely transfer, assign, or delegate these Terms and its rights and obligations, in whole or in part, without your consent.

# Governing Law and Dispute Resolution

22.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its principles of conflicts of law.

22.2 Dispute Resolution and Jurisdiction

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Wilmington, Delaware. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

22.3 Exclusion of UN Convention

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded from this Agreement.

# Other Terms

23. Miscellaneous Provisions

23.1 Taxes

You are solely responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activities in connection with the Service. Zigass may, in its sole discretion, perform any of the foregoing on your behalf or for itself as it deems appropriate.

23.2 Waiver

The failure of either party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or any other right or provision. Any waiver must be in writing and signed by the waiving party.

23.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

23.4 Entire Agreement

These Terms constitute the entire agreement between you and Zigass relating to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Zigass with respect to the Service.

23.5 Independent Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Zigass as a result of these Terms or your use of the Service. You have no authority to bind Zigass in any way whatsoever.

# Dispute Resolution

24. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

24.1 Agreement to Arbitrate

You and Zigass agree that any dispute, controversy, or claim arising out of or relating to: (a) your use of the Service; (b) any products or services sold or distributed by or through the Service; (c) these Terms; or (d) the Content and/or User Submissions (whether public, personal, or limited audience) on the Service (each a "Dispute"), shall be resolved exclusively through final and binding bilateral arbitration.

24.2 Definition of Disputes

"Disputes" shall include, but are not limited to, any claims or controversies between you and Zigass related in any way to, or arising out of, the Service, the Content, or any Submission, including, but not limited to, claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy practices, advertising, or any communications between you and Zigass, even if the claim arises after you or Zigass has terminated the Service or your user account.

Disputes also include, but are not limited to:

• (a) Claims that you bring against our employees, agents, affiliates, or other representatives.
• (b) Claims that Zigass brings against you.
• (c) Claims in any way related to or arising out of any aspect of the relationship between you and Zigass, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory.
• (d) Claims that arose before these Terms or out of a prior set of Terms with Zigass.
• (e) Claims that are subject to ongoing litigation where you are not a party or a class member.
• (f) Claims that arise after the termination of these Terms.

24.3 Waiver of Class Actions

YOU AND ZIGASS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Zigass agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

# Dispute Notice

24.4 Dispute Notice Procedure

Before initiating arbitration, you and Zigass agree to first attempt to resolve any Dispute informally. This requires each party to provide written notice to the other party (a "Notice of Dispute"), which must contain:

• (a) A written description of the nature and basis of the claim or dispute, including all relevant facts, supporting documentation, and evidence.
• (b) A clear statement of the specific relief sought.

A Notice of Dispute to Zigass should be sent to: Resolution Center. Zigass will provide a Notice of Dispute to you through the support ticket system associated with your Zigass User ID within the Resolution Center or via the email address associated with your Zigass account.

You and Zigass agree to engage in good-faith efforts to resolve the Dispute for a period of forty-five (45) days after the Notice of Dispute is provided. No arbitration proceeding may be commenced until this 45-day post-notice resolution period has expired. If a resolution is not reached within forty-five (45) days of receipt of the Notice of Dispute, either party may then initiate arbitration in accordance with the procedures described in this Section.

# Arbitration Process

24.5 Arbitration Rules and Procedures

Unless you and Zigass agree otherwise in writing, arbitration shall be conducted as follows:

• (a) Arbitration Provider: The arbitration shall be administered by the Judicial Arbitration and Mediation Services, WinSberg, located at 651 N Broad St, Suite 201, Middletown, DE 19709, New Castle County, Delaware, in accordance with its Streamlined Arbitration Rules and Procedures (the "WinSberg Rules"), as modified by this Agreement to Arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees. These rules are available at WinSberg Streamlined Arbitration Rules.
• (b) Single Arbitrator: The arbitration shall be conducted by a single neutral arbitrator appointed in accordance with the WinSberg Rules.
• (c) Location: The arbitration shall take place at 651 N Broad St, Suite 201, Middletown, DE 19709, New Castle County, Delaware
• (d) Minimum Standards: To the extent that this Agreement to Arbitrate conflicts with the WinSberg Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards shall apply.

24.6 Class Action Waiver (Reiterated)

You and Zigass agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding. This waiver of class actions is severable from the agreement to arbitrate. If the class action waiver is found to be unenforceable, the remaining provisions of the arbitration agreement will remain in full force and effect.

24.7 Jury Trial Waiver

If, for any reason, a claim proceeds in court rather than in arbitration, you and Zigass each waive any right to a jury trial.

24.8 Limited Relief

The arbitrator may award any relief permitted by law, but only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator's decision shall be final and binding only on the parties to the Dispute and may not be used in any other proceeding.

24.9 Delegation to Arbitrator

You and Zigass agree that all issues relating to the Dispute are delegated to the arbitrator to decide, with the exception of any disagreements regarding the scope and enforceability of this Agreement to Arbitrate. These disagreements shall be decided by a court of competent jurisdiction.

# Hearing

24.6 Hearing Format

If your claim does not exceed $5,000, you and Zigass agree to waive an oral hearing before the arbitrator, and the arbitration will be conducted solely on the basis of the documents submitted by you and Zigass to the arbitrator, unless you specifically request a hearing or the arbitrator determines that a hearing is necessary. If an oral hearing is requested by either party or deemed necessary by the arbitrator, you and Zigass agree that the hearing will be conducted remotely, such as by telephone or video conference, unless the arbitrator determines that an in-person hearing is necessary.

# Arbitrator’s Decision

24.7 Arbitrator's Decision and Award

The arbitrator's award shall be a written statement containing the disposition of each claim and a concise statement of the essential findings and conclusions on which the award is based. The arbitrator's decision and award shall be final and binding on both parties, subject to the limited grounds for judicial review provided by the Federal Arbitration Act (FAA). Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

# Fees and Costs

24.8 Arbitration Fees and Costs

Each party shall be responsible for paying its own attorneys' fees, expert witness fees, and other costs associated with the arbitration. However, the allocation of filing, administration, and arbitrator fees shall be governed as follows:

• (a) General Rule: Each party shall be responsible for paying its pro rata share of the WinSberg filing, case management/administrative, and arbitrator fees, as set forth in the WinSberg Rules.
• (b) Claims Under $5,000: If your claim for damages does not exceed $5,000, Zigass will pay all such WinSberg fees unless the arbitrator determines that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

# Small Claims & Government Actions

24.9 Small Claims Court and Government Actions

As an alternative to arbitration, you or Zigass may bring an individual action in small claims court in the county where you reside or the county where Zigass's principal place of business is located, if the claim qualifies for small claims court and the court has jurisdiction over the claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Zigass on your behalf.