ZUKKA Terms of Service (TOS)
Effective date: October 1, 2024
Welcome to ZUKKA! By accessing or using our services, you agree to these Terms of Service (TOS). These terms define your rights and responsibilities when using ZUKKA’s services. If you do not agree with any part of these terms, please do not use our services.
1. ACCEPTANCE OF TERMS
SMARTAGO LLC, through its platform Zukka (“ZUKKA”), offers secure, cutting-edge communication services, including private messaging, internet calling, and additional features, all powered by advanced end-to-end encryption technology. By installing, accessing, or using our applications, services, or website (collectively referred to as “Services”), you acknowledge and agree to abide by these Terms of Service (“TOS”).
This TOS constitutes a legally binding agreement that defines the relationship between ZUKKA, its subsidiaries, affiliates, and users or any individual or entity interacting with our Services. The agreement applies to your use of the ZUKKA app, ZUKKA websites, and all associated products and services (collectively, the “Site”), as described herein.
By creating an account or using ZUKKA’s Services, you signify your understanding and acceptance of this TOS. This agreement governs your access to all features, functions, and content provided through our platform, including future updates, enhancements, or additional features introduced by ZUKKA.
If you are using ZUKKA’s Services on behalf of an organization, you confirm that you have the authority to bind the organization to these terms and agree that both you and the organization are bound by this agreement.
2. DESCRIPTION OF APP AND WEBSITE SERVICES OFFERED
ZUKKA, through its platforms and websites, provides a range of online products and services designed to facilitate secure communication. These services include texting, file sharing, voice calling, and video conferencing, all utilizing advanced end-to-end encryption to ensure privacy and security for users. Our platform enables private and protected communication between individuals, along with additional features and services as outlined below.
Any individual who accesses or interacts with our Site or Services, including mobile applications and those on third-party social media or other platforms, is considered a “User” for the purposes of this TOS.
Users acknowledge that all Services provided through the ZUKKA platform, including mobile applications and associated web-based services, are the exclusive property of ZUKKA. ZUKKA reserves the right to introduce new Services and/or products, and to update, modify, or revise the existing Services at its discretion.
This Agreement applies to all new Services or products introduced, as well as to any updates, modifications, or revisions of current offerings, unless otherwise stated. ZUKKA further retains the right to suspend or discontinue any Service or product at any time without notice.
As an end user, you understand and agree that ZUKKA is not liable for any consequences arising from updates, modifications, suspensions, or discontinuations of Services or products. By continuing to use the Services after any such changes, you indicate your acceptance of the updated terms. Therefore, it is recommended that you periodically review this Agreement and our policies to stay informed of any revisions. If you do not agree with any updated terms, you must cease using the Services immediately.
Furthermore, you understand and agree that the Services are provided on an “AS IS” basis, and ZUKKA makes no guarantees regarding the timeliness, reliability, or uninterrupted delivery of Services, nor does it assume responsibility for the deletion or failure to store user content, communications, or personalization settings.
3. MODIFICATIONS TO TERMS
ZUKKA may revise these TOS at its discretion to reflect updates in our services, legal requirements, or business practices.
• Notification of Changes: We will notify users of significant changes at least 30 days before they take effect. Notifications may be sent via email, website announcements, or in-app alerts.
• Continued Use: Your continued use of ZUKKA after updates signifies your acceptance of the revised terms.
• Review of Changes: We encourage you to review these terms periodically. A “Last Updated” date at the top of this page will indicate when they were last modified.
4. ELIGIBILITY
To access or use ZUKKA, you must meet the following criteria:
• Age Requirement: You must be at least 13 years old or the minimum age of digital consent in your jurisdiction.
• Legal Capacity: You must have the legal capacity to enter into a binding agreement.
• Prohibited Users: Residents of jurisdictions where ZUKKA’s services are prohibited by law are not allowed to use our services.
By using ZUKKA, you confirm that you meet these eligibility requirements.
5. YOUR ACCOUNT
• Account Creation: To use certain features of ZUKKA, you may need to create an account. You agree to provide accurate, current, and complete information during registration.
• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for any activities conducted under your account.
• Prohibited Activities: Prohibited activities are further detailed below in Section 6 of these Terms.
• Account Termination: ZUKKA reserves the right to suspend or terminate your account for violations of these TOS or suspicious activities.
If you believe your account has been compromised, contact us immediately at support@smartago.com.
6. PROHIBITED CONDUCT & USES
ZUKKA was established with the conviction that private communication is a universal human right, and our Services are designed to provide secure, end-to-end communication. Although we do not have the technical ability to monitor ZUKKA accounts or users’ messages, we reserve the right to suspend or terminate accounts if we become aware that they violate the following terms.
As a user of ZUKKA’s services, you agree to use the platform solely for lawful purposes and in accordance with these Terms of Service.
You must NOT use, or allow others to use, the ZUKKA Services for any of the following prohibited activities:
1. Illegal Activities: Using the Services for any unlawful or fraudulent purposes, or to engage in any illegal activity, including but not limited to fraud, theft, identity theft, or distribution of illegal content.
2. Infringement of Rights: Using the Services to infringe upon the rights of others, including intellectual property rights such as patents, trademarks, trade secrets, copyrights, or other proprietary rights.
3. Harassment and Abuse: Engaging in targeted harassment, abuse, or intimidation of others, including hate speech, cyberbullying, or any other actions that create a hostile environment.
4. Violence and Terrorism: Threatening, inciting, promoting, or encouraging violence, terrorism, or other serious harm to individuals or groups.
5. Child Exploitation: Sharing, promoting, or engaging in any content or activities that promote child sexual exploitation or abuse.
6. Privacy Violations: Sharing or distributing private, confidential, or sensitive information of others, such as credit card numbers, Social Security/National Identity numbers, or personal communications, without explicit permission.
7. Spamming and Unsolicited Communications: Using the Services to distribute unsolicited mass emails, advertisements, promotions, or solicitations (commonly known as “spam”).
8. Impersonation: Impersonating others in a way that misleads, confuses, or deceives other users or entities.
9. Security Interference: Removing, bypassing, disabling, damaging, or otherwise interfering with security features of the ZUKKA Services, including features that restrict unauthorized access or protect content.
10. Disruption and Malware: Intentionally disrupting, damaging, or interfering with the operation of the ZUKKA Services or the enjoyment of other users, including uploading or disseminating viruses, worms, or malicious code.
11. Compromise of Security: Compromising the security, integrity, or availability of any user, network, computer, communications system, software application, or device.
12. Automated Access: Using automated means such as robots, spiders, or scrapers to access or interact with the ZUKKA Services without explicit written permission from ZUKKA.
13. Altering the Services: Attempting to alter, modify, or reverse-engineer the ZUKKA Services in any manner or form.
14. Account Sharing: Selling, transferring, or permitting another individual to access your ZUKKA account or its associated credentials, including passwords.
ZUKKA also retains the authority to close any account identified as engaging in username squatting, spamming, or violating applicable laws. We may discontinue or suspend our Services at any time and for any reason, without incurring liability.
By using ZUKKA’s Services, you acknowledge and agree that any violation of these prohibitions may result in immediate account suspension or termination and potential legal action.
7. USER CONTENT
ZUKKA does not store, view, or have access to any information exchanged between users through our services. All communications between users are secured with end-to-end encryption, ensuring they cannot be accessed, seen, or archived by ZUKKA or its personnel. This section applies solely to content posted in publicly accessible areas of our sites or other platforms.
Publicly Accessible Areas: These are sections of ZUKKA’s network designed for public access, such as message boards and groups, that are open to user interaction.
ZUKKA does not claim ownership of any content submitted by users. By posting content on publicly accessible areas of ZUKKA’s sites, you grant ZUKKA the following worldwide, royalty-free, non-exclusive licenses:
- Content in Public Areas: For content posted to publicly accessible areas of ZUKKA’s sites, you grant ZUKKA a license to use, distribute, reproduce, modify, adapt, publicly perform, and display this content on our network services. This license is limited to the specific area where the content was posted and remains effective as long as you are a member of ZUKKA’s services. The license terminates when you discontinue your membership.
- Photos, Audio, Video, and Graphics: For photos, audio, video, or graphics submitted to publicly accessible areas of ZUKKA’s sites, you grant ZUKKA a similar license to use, distribute, reproduce, modify, adapt, publicly perform, and display this content on our network services. This license is also limited to the specific area where the content was posted and remains effective as long as you are a member. The license terminates when you discontinue your membership.
- Other Content: For any other content submitted to publicly accessible areas of ZUKKA’s sites, you grant ZUKKA a continuous, binding, and sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and display the content, in whole or in part, and to incorporate it into other works in any medium now known or developed in the future.
You retain ownership of the content you create or upload through ZUKKA’s services. However, by using ZUKKA, you grant us a limited, non-exclusive license to store, transmit, and display your content solely for the purpose of providing our services.
Prohibited Content: You may not upload or share:
• Content that is illegal, abusive, harmful, or violates the rights of others.
• Content that infringes on intellectual property rights.
• Malware, spyware, or any harmful code.
ZUKKA reserves the right to remove prohibited content and terminate accounts involved in such activities.
8. UNSOLICITED SUGGESTIONS & IDEAS
ZUKKA does not solicit ideas, suggestions, or feedback. However, any ideas or suggestions you share with us—through any form of communication—become the sole property of ZUKKA. We may use, modify, or disregard them without any obligation to compensate you.
If you do not agree to these terms, please refrain from sending suggestions or ideas to ZUKKA.
9. PRIVACY POLICY
ZUKKA respects your privacy and is committed to protecting your personal information.
Our Privacy Policy explains:
• What data we collect and how we use it.
• How we protect your information with encryption and other security measures.
• Your rights regarding your data, including access, correction, and deletion.
By using ZUKKA, you consent to the collection and use of your data as described in the Privacy Policy.
10. PROPRIETARY RIGHTS
You acknowledge and agree that ZUKKA’s services, including any essential software used in connection with our services (“Software”), contain proprietary and confidential material protected by applicable intellectual property laws. This includes, but is not limited to, copyrights, trademarks, patents, and other proprietary rights. Additionally, any content in advertisements or information presented through our services or by advertisers is also protected by such rights.
Unless expressly permitted by applicable law or authorized by ZUKKA or the relevant licensor, you agree not to:
• Alter, modify, lease, rent, loan, copy, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on ZUKKA services, including content or software, in whole or in part.
• Duplicate, alter, modify, reverse engineer, reverse assemble, or attempt to discover any source code of our Software.
• Use any modified versions of the Software for the purpose of gaining unauthorized access to our services.
ZUKKA grants you a personal, non-transferable, non-exclusive license to use the object code of our Software on your devices, provided you do not transfer, sublicense, or grant a security interest in the Software, nor alter or change it in any way. You further agree not to access or attempt to access our services through any means other than the authorized interface provided by ZUKKA.
ZUKKA retains all rights, titles, and interests in its services, software, and content, including all associated intellectual property rights. This includes the exclusive right to grant or withhold licenses for its use.
• License to Use: ZUKKA grants you a personal, non-transferable, non-exclusive license to use our software on your devices, subject to the terms of this agreement.
• Prohibited Uses: You may not:
• Alter, duplicate, or reverse-engineer our software.
• Create derivative works based on our services.
• Sell, distribute, or sublicense the software without prior written consent from ZUKKA.
• Trademark Protection: ZUKKA’s trademarks, logos, and branding are protected. You may not use them without explicit permission.
Violation of these proprietary rights may result in suspension of your account and legal action.
11. COMPLIANCE WITH LAWS
You agree to use ZUKKA in accordance with all applicable laws, regulations, and standards, including those related to data protection, copyright, and intellectual property.
If ZUKKA is notified of illegal activities, we may suspend or terminate the accounts involved and cooperate with law enforcement authorities.
12. SECURITY
ZUKKA employs advanced encryption and other security measures to protect your data.
• User Responsibility: You are responsible for safeguarding your account against unauthorized access.
• No Guarantee: While we strive to ensure security, we cannot guarantee the complete protection of your data against all potential threats.
• Reporting Issues: Notify us immediately if you suspect unauthorized access to your account.
13. WARRANTIES AND DISCLAIMERS
ZUKKA provides its services on an “as is” and “as available” basis, without any guarantees.
No Warranties:
• ZUKKA disclaims all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
• ZUKKA does not guarantee that services will meet your requirements, operate without interruption, be secure or error-free, or provide accurate and reliable results.
Use at Your Own Risk:
• Using ZUKKA’s services and software is solely at your own risk.
• Downloading any material is at your discretion, and you assume responsibility for any resulting damage to your device or data loss.
No Warranty from Advice:
• No advice or information obtained from ZUKKA, whether written or oral, creates any warranty not explicitly stated in these Terms.
Epileptic Seizures Warning:
• Certain light patterns in our services may trigger seizures in individuals with or without a history of epilepsy. If you experience symptoms like dizziness, altered vision, or involuntary movements, stop using the services immediately and consult a physician.
ZUKKA makes no assurances about the quality of any products, services, or materials obtained through its platform and is not liable for any errors or inaccuracies.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ZUKKA and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors shall not be liable for any punitive, indirect, incidental, special, consequential, or exemplary damages.
This includes, but is not limited to:
• Loss of profits, data, goodwill, or other intangible losses.
• Damages arising from the use or inability to use our services.
• Costs associated with procuring substitute goods or services.
• Unauthorized access to or alteration of your data or transmissions.
• Statements or conduct of any third party on our services.
• Any other matter related to our services.
In the event of any dispute, you agree to release ZUKKA, including its officers, directors, employees, agents, subsidiaries, affiliates, partners, and any third parties, from any and all claims, demands, or damages (whether actual or consequential) of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise out of or are in any way related to the dispute.
Liability Cap:
If you have paid for ZUKKA services, our total liability is limited to the amount you paid to ZUKKA during the six months preceding the event giving rise to the claim.
Exclusion and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.
You explicitly acknowledge, understand, and agree to these limitations, even if ZUKKA has been advised of the possibility of such damages.
15. DISPUTE RESOLUTION
All matters arising under these Terms of Service or related to your use of ZUKKA services are governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions.
Jurisdiction and Forum:
Any claims, disputes, or causes of action between you and ZUKKA shall be resolved exclusively in the courts located in New Castle County, Delaware, or the U.S. District Court for the District of Delaware. Both parties agree to submit to the jurisdiction of these courts and waive any objections to jurisdiction or venue.
16. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
ZUKKA respects the intellectual property rights of others and requires our users to do the same. If you believe your work has been copied or used in a way that infringes your intellectual property rights, you can submit a notice to us.
ZUKKA may, at its sole discretion, disable or terminate the accounts of users who violate our Terms of Service or infringe upon the rights of others.
To File a Copyright or Intellectual Property Infringement Notice, please provide the following information:
1. Your contact details, including physical address, telephone number, and email address.
2. A description of the copyrighted work or intellectual property that you believe has been infringed.
3. The location of the infringing material (e.g., a URL or specific location within our platform).
4. A statement that the disputed use is not authorized by you, the copyright owner, your agent, or the law.
5. A declaration, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the copyright or intellectual property or authorized to act on their behalf.
6. An electronic or physical signature of the person authorized to act on behalf of the owner.
Where to Submit Your Notice:
Email: support@smartago.com
Mail: Smartago LLC, 5305 Limestone Road, Suite 200, Wilmington, DE 19808, USA
We will review your submission and take appropriate action as necessary.
17. INDEMNITY
By using ZUKKA’s services, you agree to take full responsibility for your actions. You also agree to defend, indemnify, and hold harmless ZUKKA, its affiliates, employees, officers, partners, and licensors from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:
• Content you submit, post, or share through our services.
• Your use of ZUKKA’s services.
• Your violation of these Terms of Service.
• Any infringement on the rights of others caused by your actions.
This means you will cover any costs or damages ZUKKA incurs due to your behavior or content while using our services.
18. COMMERCIAL USE RESTRICTIONS
You may not reproduce, duplicate, copy, sell, trade, resell, or otherwise exploit any part of ZUKKA’s services, including access to or use of our platform, for commercial purposes without prior written consent from ZUKKA.
19. GLOBAL USE & EXPORT/IMPORT COMPLIANCE
By using ZUKKA’s services, you confirm that:
1. You are not listed on any government export exclusion or prohibited party list under applicable laws.
2. You will not transfer, export, or re-export any software, technology, or data obtained through ZUKKA’s services to countries, entities, or individuals restricted by U.S. or applicable international laws.
3. You will not use ZUKKA’s services for purposes related to military, nuclear, missile, chemical, or biological weapons in violation of any applicable export laws.
4. You will comply with all relevant export and import laws, including but not limited to those of the U.S. and the jurisdiction in which you reside or operate.
20. PAYMENT PROVIDERS, DELIVERY SERVICES & ADVERTISERS
Any transactions or interactions you have with third-party providers, including advertisers, payment processors, and delivery services (“Providers”), through our services are solely between you and the Providers. ZUKKA is not responsible or liable for any issues, losses, or damages arising from these interactions, including any terms, conditions, or representations made by the Providers.
21. COOKIES
ZUKKA uses cookies to enhance your experience on our website. By accessing ZUKKA, you consent to the use of cookies in accordance with our Privacy Policy. Cookies are small data files stored on your device that help us provide essential features, improve site performance, and make your visit more personalized. We do not share your data with third parties.
22. LINKS TO THIRD-PARTY WEBSITES
ZUKKA may provide links to external websites or resources, including those operated by third parties. You acknowledge and agree that ZUKKA is not responsible for the availability of such external sites or resources. We do not endorse, and are not liable for, any content, products, services, advertising, or other materials available from these third-party sites. Furthermore, you agree that ZUKKA shall not be liable, directly or indirectly, for any damages or losses incurred as a result of using or relying on any content, goods, or services from these third-party websites or resources.
23. THIRD PARTY BENEFICIARIES
You acknowledge and agree that, unless explicitly stated otherwise in these Terms of Service, there are no third-party beneficiaries to this agreement. All trademarks, copyrights, service marks, logos, and branding associated with ZUKKA remain the exclusive property of ZUKKA. You agree not to use, display, or distribute ZUKKA’s logos or trademarks without prior written consent from ZUKKA.
24. NOTICE
ZUKKA may send notices to you regarding updates or changes to these Terms of Service via email, regular mail, SMS, MMS, website postings, or other communication methods. If you access our services in violation of these Terms, you may not receive such notices. By agreeing to these Terms, you acknowledge that you are deemed to have received all notices, including those that would have been delivered had you accessed the services in compliance with the Terms.
25. ENTIRE AGREEMENT
This Terms of Service (TOS) constitutes the entire agreement between you and ZUKKA regarding your use of our services, replacing any previous agreements or versions of this TOS. Additional terms and conditions may apply when using or purchasing specific ZUKKA services, affiliate services, third-party content, or third-party software.
26. WAIVER AND SEVERABILITY OF TERMS
If ZUKKA fails to exercise or enforce any right or provision of the TOS, it does not constitute a waiver of that right or provision. Should any provision of this TOS be deemed invalid by a court of competent jurisdiction, the court will attempt to reflect the parties’ original intentions as closely as possible, while the remaining provisions of the TOS will continue to be in full force and effect.
27. STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that, notwithstanding any statute or law to the contrary, any claim or action arising from or related to the use of our Services or the TOS must be filed within one year from when the claim or cause of action arose, or it will be forever barred.
28. COMPLIANCE WITH EUROPEAN REGULATIONS
Zukka fully complies with European Regulation 2065/19/102022 on the Single Market for Digital Services and the amendments to Directive 2000/31/EC (the Digital Services Act), as defined in the latest amendment on 19/10/2022.
As a mere intermediary service providing transmission, temporary storage, and hosting, Zukka follows the guidelines set forth in the European regulation. This involves transmitting information across a communication network, storing it temporarily to facilitate subsequent transmissions, and hosting information at the request of service recipients. A service recipient is any member, individual, or company that registers with Zukka and agrees to the Terms of Service.
Zukka is not liable for the automatic, intermediate, or temporary storage of information, as it only serves the purpose of making transmissions more efficient and secure for recipients. This includes ensuring that we do not modify the information or interfere with lawful technology. Zukka acts promptly to remove or disable access to information when it becomes aware that such content is illegal, is withdrawn, or when judicial or administrative authorities order removal.
Under the Digital Services Act, Zukka is not liable for information stored at the request of a service recipient, unless Zukka is aware of illegal activity or content, or reasonably perceives such activity based on clear evidence. If such awareness arises, or upon request from judicial or administrative authorities, Zukka will remove or disable access to content in accordance with Article 6 of Chapter II of the Act.
The content stored by Zukka consists solely of encrypted keys, which are not readable files and hold no open-readable data.
As a service provider under European law, Zukka is not obligated to monitor or actively seek illegal activity within the information transmitted or stored between users, as outlined in Article 8 of the Digital Services Act. However, if required by national judicial or administrative authorities, Zukka will comply with orders to act against illegal content or to provide information as specified in Article 10.
Zukka may receive an order to provide information from a national judicial or administrative authority, according to Article 10 of the same regulation, and is obliged to provide the requested information. The information Zukka holds and may provide upon such a state request includes: network connection details, Zukka pseudonym, email address (if provided), phone number (if provided), account creation date, types of devices used with the account, last usage date, total number of sent and received messages, profile picture/avatar (if the user has chosen to provide one), and limited records of recent account settings changes, such as device addition or deletion (excluding message content, routing, and delivery information).
Zukka fully complies with European regulations regarding digital services, as defined in Directive 2000/31/EC and the Digital Services Act, with amendments effective from 27/10/2022/L277 and coming into force on 17/02/2024.
29. MISCELLANEOUS
• No Waiver: ZUKKA’s failure to enforce any provision of these Terms does not waive its right to enforce that provision in the future.
• Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Statute of Limitations: Any claim or action arising from the use of ZUKKA’s services must be filed within one year from the date the cause of action arose, or it will be forever barred.
30. CONTACT US
For any questions or concerns, or to report violations of this TOS, please contact ZUKKA using the following methods:
Mailing Address:
SMARTAGO LLC
5305 Limestone Road, Suite 200
Wilmington, DE 19808, USA
Email: support@smartago.com
Phone: +1 864 528 0626