ZephyrusWare Terms Of Service For Personal Accounts

## ZephyrusWare Terms Of Service For Personal Accounts **Version:** 1.0 **Effective date:** October 5, 2026 These Terms of Service for Personal Accounts (the "**Terms**") are an agreement between ZEPHYRUS VIRTUAL SOLUTION, LLC, a limited liability company organized under the laws of the State of Florida, doing business as ZephyrusWare ("**ZephyrusWare**", "**we**", "**us**" or "**our**"), and you, the individual who opens and owns a ZephyrusWare Personal Account ("**you**" or "**your**"). They govern your use of ZephyrusWare's applications, customer portal and related services through your Personal Account. ### Important Points Please read these Terms carefully. In particular: - **Automatic renewal.** Paid subscriptions renew automatically, and your payment method is charged the renewal price plus any sales tax, until you cancel. Monthly subscriptions renew on the first day of each month and annual subscriptions on 1 January, in each case at midnight at the start of that day in the time zone of your billing address. If you buy well before the next of those dates, your first term runs to that date and is charged in proportion. If you buy 35 days or less before the 1st (monthly, so every monthly purchase) or 45 days or less before 1 January (annual), your first term instead runs to the following renewal date, and you pay for the days until the next renewal date plus one full term, shown as two separate lines at checkout, so your first payment is higher than the regular price. The checkout shows the amount charged now, the dates it covers, the renewal price and the first renewal date, and asks you to tick a box agreeing to automatic renewal before you pay. See Section 8. - **Reminders before every renewal.** We email you before each renewal: 38 days and 33 days before an annual renewal, and 28 days before a monthly renewal. If we have not been able to send you a reminder for a renewal (for example because your email address permanently rejects our email), we do not charge it: your subscription stops renewing and you keep access to the end of the period you paid for. See Section 8. - **Cancel online at any time.** You can cancel in the customer portal, where you manage your subscriptions. You do not need to call or write to us. To avoid a renewal charge, cancel before 12:00 a.m. on the renewal date in the time zone of your billing address. See Section 9. - **No refund when you cancel or downgrade.** Cancelling stops future renewals. You keep access until the end of the period you have paid for, but you do not get money back for the unused part of it. The exception is a full refund of your first payment for a new subscription, if you ask within 14 days and did not have a free trial of that product (Section 10.5). Downgrades take effect at your next renewal. See Sections 9 and 10. - **Notices by email.** We send notices to the email address on your account. A notice counts as given when our email provider accepts it for delivery, even if your email provider later delays or filters it, so keep your email address current. If our provider reports that your address permanently rejected a renewal reminder, that reminder does not count and we do not charge the renewal. See Sections 9 and 15 of the Billing Policy. - **Price changes.** We email you about 28 days before a price increase reaches your subscription, and you can cancel before it does. If your billing address is in New York, the increase applies only if you accept it at least 24 hours before the renewal, and if you do not, we cancel your subscription instead of renewing it. See Section 12. - **Free trials.** A free trial ends on its own and never turns into a paid Subscription. You need a payment method on file to start one, but it is not charged. To continue after a trial, you choose a plan and confirm the price at checkout. See Section 2.6 of the Billing Policy. - **New versions.** If we change these Terms, the Billing Policy or the Refund Policy, we email you at least 30 days ahead and you accept the new version in the customer portal. Until you do, your Subscriptions do not renew, though you keep access to what you have paid for. See Section 26. - **Taxes.** Prices do not include sales tax. Where the law requires it, sales tax is added at checkout and on renewals. See Section 3 of the Billing Policy. - **Payment disputes.** Disputing a charge with your bank or card issuer can pause access to the product that the disputed payment covers until the dispute is resolved. Your other products keep working. See Section 11. - **Disputes with us.** Florida law governs these Terms, and disputes that cannot be resolved informally are decided in the courts located in Polk County, Florida. There is no arbitration. See Sections 28 and 29. - **Limits on liability.** Our liability is limited to the extent the law allows. See Sections 20 and 21. - **Your privacy.** Our Privacy Policy (https://zephyrusware.com/privacy-policy) explains how we handle personal information. ### 1. Acceptance And Scope 1.1 **Agreement.** You accept these Terms when you open a Personal Account by ticking the acceptance checkbox, ticking the separate checkboxes for the Billing Policy and the Refund Policy, confirming your eligibility under Section 3.2 and submitting, as Section 27 describes. You must accept these Terms to use a Personal Account. 1.2 **Who these Terms are for.** These Terms apply only to Personal Accounts: accounts that belong to one individual. A business, organization or other group must use a Business Account, which is governed by ZephyrusWare's Terms of Service for business customers at zephyrusware.com/terms (https://zephyrusware.com/terms/), not by these Terms. 1.3 **If you also belong to a Business Account.** You may also be a member of one or more Business Accounts, and you can switch between your Personal Account and those Business Accounts when you sign in. Your use of a Business Account is governed by that business's agreement with ZephyrusWare and by its administrators, not by these Terms. Nothing you do in a Business Account gives that business access to your Personal Account, and nothing in your Personal Account is shared with a Business Account. 1.4 **Other documents.** These Terms include the Privacy Policy, the four Policies listed in Section 1.6, and the other documents they refer to. 1.5 **Your legal rights.** Nothing in these Terms takes away a right you have under consumer protection law that cannot be waived or limited by agreement. 1.6 **The Policies.** Everything that is the same for Personal Accounts and Business Accounts is in four shared policies, each part of these Terms: the **Billing Policy**, the **Refund Policy**, the **Acceptable Use And Data Policy** and the **Service Policy** (the "**Policies**"). Each Policy has its own version, and ZephyrusWare keeps every version available at its link. You accept the Billing Policy and the Refund Policy with separate checkboxes (Section 27.1). If a Policy and these Terms differ on the Policy's subject, the Policy controls, except that Sections 20 to 22, 28 and 29 of these Terms control over any Policy. ### 2. Definitions - "**Account Data**" means information used to set up and manage your Personal Account, such as your name, email address, license assignments, subscription and billing records. - "**Business Account**" means a ZephyrusWare account that belongs to a business or other organization. - "**Documentation**" means ZephyrusWare's then-current help materials and descriptions of the Services, including the product and Tier information shown in the customer portal. - "**Personal Account**" means a ZephyrusWare account that belongs to one individual, who is its owner and only user. - "**Platform**" means ZephyrusWare's software platform, including the customer portal and the applications it connects to. - "**Seat**" means a license that lets one named person use a product at a particular Tier. In a Personal Account, Seats can be assigned only to you. - "**Services**" means the ZephyrusWare applications, customer portal and related services made available to your Personal Account. They are software that you use online; nothing is delivered to you physically. - "**Subscription**" means your recurring right to use a product at a Tier, for a quantity of Seats or as a per-account plan, for a billing interval. - "**Tier**" means a version of a product with its own price, features and terms of use, as described in the customer portal. - "**Usage Data**" means technical and usage information generated by operating the Services, such as feature usage, performance and security logs. - "**Your Content**" means the data you enter into or upload to the Services, such as application content and files. Your Content does not include Usage Data. - Words defined in a Policy have the meaning given there, for example "**Billing Cycle**", "**Billing End Date**", "**Billing Time Zone**", "**Hard Bounce**", "**Initial Term**", "**Renewal Date**" and "**Sent**" in the Billing Policy. ### 3. Eligibility 3.1 **Who may open a Personal Account.** To open and keep a Personal Account you must: (a) be one individual acting for yourself. A Personal Account cannot be opened for a business, a group, or another person; (b) be at least 18 years old and old enough to make a binding contract where you live; (c) be a resident of one of the fifty states of the United States or the District of Columbia, as shown by the billing address you give at checkout; (d) not be prohibited from receiving the Services under U.S. sanctions or export laws; and (e) not have had a previous ZephyrusWare account closed by ZephyrusWare for a serious breach under Section 9.2(b) of the Service Policy, unless ZephyrusWare agrees. 3.2 **Your confirmation.** When you accept these Terms, you confirm by ticking a box that is not ticked for you that you are a resident of one of the fifty states of the United States or the District of Columbia, at least 18 years old, and old enough to make a binding contract where you live. ZephyrusWare records that confirmation with your acceptance (Section 27.3). ZephyrusWare does not check your age and relies on your confirmation. ZephyrusWare does check that the billing address you give at checkout is in one of the fifty states or the District of Columbia, and does not complete a purchase with any other billing address. 3.3 **One Personal Account each.** Each person may have only one Personal Account, and it is tied to the sign-in identity used to open it. 3.4 **Where Personal Accounts are offered.** Personal Accounts are offered only to residents of the fifty states of the United States and the District of Columbia. They are not offered to residents of U.S. territories or possessions, or to anyone whose address is a military (APO, FPO or DPO) address. If you live in one of the fifty states or the District of Columbia, you may use the Services while you are temporarily outside the United States, except where U.S. sanctions or export laws prohibit it (Sections 3.1(d) and 31.5). 3.5 **Accurate information.** You must give your real first and last name and a working email address, and keep your email address current. ZephyrusWare sends important notices, including renewal reminders and price-change notices, to that address (Section 27). 3.6 **Account creation.** ZephyrusWare may decline or delay opening a Personal Account, for example when capacity is limited or for security reasons. Opening a Personal Account does not by itself buy any paid Subscription. ### 4. Your Personal Account 4.1 **You are the only user.** A Personal Account has exactly one user: you, its owner. You cannot invite or add other users, share your account with anyone, or transfer ownership of it to anyone else. If you want to work with other people, use a Business Account. 4.2 **Your name.** Your name is set when you open your Personal Account. To correct it, open a support request in the customer portal. ZephyrusWare reviews the request and may ask for reasonable confirmation before making the change. 4.3 **No transfer.** Your Personal Account, and the Subscriptions and licenses in it, are personal to you. You may not sell, assign or transfer them, except as the law requires. ### 5. Account Security 5.1 **Your responsibilities.** You must keep your sign-in credentials confidential and use strong authentication. You are responsible for activity under your Personal Account unless it results from ZephyrusWare's breach of these Terms or from unauthorized access that was not caused by your failure to protect your credentials. 5.2 **Multi-factor authentication.** You should use multi-factor authentication. ZephyrusWare may require it for some actions. 5.3 **Account number and Security PIN.** ZephyrusWare may assign your Personal Account an account number and a Security PIN. The account number identifies your ZephyrusWare account only and is not a bank or payment account number. Where a Security PIN is used, you can change it, ZephyrusWare support staff may ask for it before discussing your account, and you should change it if you believe someone else knows it. 5.4 **Report problems.** Tell ZephyrusWare promptly at security@zephyrusware.com if you suspect someone has accessed your account without permission. 5.5 **We never need your password.** ZephyrusWare will not ask for your password. Do not send passwords, card numbers or other secrets in support requests or messages. ### 6. Subscriptions, Tiers And Licenses 6.1 **Subscriptions.** Paid applications require an active Subscription. Each Subscription covers one product at one Tier and one billing interval, monthly or annual, for a quantity of Seats or as a per-account plan. In a Personal Account the quantity is always one Seat. Each checkout buys one Subscription; to buy another, you complete another checkout. 6.2 **Personal Tiers.** Some Tiers are available only to Personal Accounts, some only to Business Accounts and some to both. The customer portal shows you only the Tiers your Personal Account can buy. Some products are offered only with annual billing; the customer portal shows which billing intervals each Tier offers. Every Tier follows the billing rules in these Terms: no product or Tier has its own renewal dates, first-term rule, reminder schedule, consent wording, cancellation steps or refund rules. Every Tier also has a short list of key limits, such as limits on what a product may connect to or whether commercial use is allowed. The key limits are shown at checkout before you pay, in the customer portal and in your purchase confirmation. 6.3 **Assigning your licenses.** You assign a Seat to yourself in the customer portal ("Assign to me"), and you can remove it again. Seats in a Personal Account cannot be assigned to anyone else. 6.4 **Personal and commercial use.** You may use the Services for your own personal purposes. You may also use a product for commercial purposes, such as your own work or a business you run alone, where the key limits of its Tier say that commercial use is allowed. Where they do not say so, it is for personal, non-commercial use only. Using a Personal Account for commercial purposes does not make you a business customer under these Terms, and it does not let you add users. 6.5 **Paid access, trials and technical limits.** When paid access starts and ends and how free trials work are set out in Sections 2.5 and 2.6 of the Billing Policy. The technical limits of the Services are set out in Section 5 of the Service Policy. 6.6 **Computers that require a Business Account.** The free version of ZephyrusDesk and the Personal Account plan do not cover connecting to or managing computers that run Windows Server, or Windows computers that are joined to an organization's Active Directory domain or to Microsoft Entra ID (including hybrid-joined computers); these require a Business Account. A personal computer that is only registered with a work or school account is not considered joined. This limit is also shown in the key limits of every Tier it applies to. ### 7. Buying And Paying 7.1 **Buying from ZephyrusWare.** You buy from ZephyrusWare directly, in the customer portal, and ZephyrusWare is the seller. ZephyrusWare partners do not sell to Personal Accounts, so partner purchases and transfers between sellers do not apply to you. Payment, orders, prices, taxes and failed payments are governed by the Billing Policy. ### 8. Automatic Renewal 8.1 **Automatic renewal.** Your Subscriptions renew automatically as the Billing Policy describes: your renewal dates, your first term, your consent at checkout, the reminders ZephyrusWare sends, and when a renewal is not charged (Billing Policy Sections 4 to 9). ### 9. Changes And Cancellation 9.1 **Changing and cancelling.** Upgrading, downgrading, changing your billing interval and cancelling are governed by Sections 10 and 11 of the Billing Policy. A Personal Account has one user, so you cannot add Seats. ### 10. Refunds 10.1 **The Refund Policy.** Refunds are governed by the ZephyrusWare Refund Policy at https://zephyrusware.com/terms/refund-policy/ (the "**Refund Policy**"), which is part of these Terms. It says when ZephyrusWare refunds a payment, what a refund does to your access, and which version applies to a payment. You confirm that you have read and agree to the Refund Policy by ticking a separate box, which is not ticked for you, when you open your Personal Account (Section 27.1) and when you accept a new version. Except where the law requires otherwise or the Refund Policy says otherwise, payments are non-refundable, including after cancellation, a downgrade or a Seat removal, and for any unused time. 10.2 **When we do refund.** The Refund Policy lists when ZephyrusWare refunds a payment: a duplicate payment or a charge made in error, prepaid fees for the unused remainder of a term where these Terms say so (Section 20.2 and Service Policy Sections 7.2 and 9.2(c)), the first-payment refund in Section 10.5, and any refund the law requires. 10.3 **What a refund does to your access.** Section 3 of the Refund Policy explains what a refund does to your access. In short, correcting a duplicate or mistaken charge never affects your access, your Subscription or its renewals, while refunding the only payment for your current Billing Cycle ends your access to what it refunds and cancels the Subscription straight away. 10.4 **No refund while a payment dispute is open.** No refund can be made on your account while a payment dispute or chargeback affecting it is unresolved (Refund Policy, Section 6). Section 11 explains how a dispute is handled. 10.5 **Refund of a first payment.** Schedule A of the Refund Policy gives you a full refund of what you paid for a new Subscription if you ask by the end of the 14th day after your first payment for it, in your Billing Time Zone, once for each product on your Personal Account, and not for a product you have had a free trial of. Each payment is refunded as a separate refund tied to that payment. As the Refund Policy says, the refund ends your access to what it refunds and cancels the Subscription straight away. You ask in the customer portal under Billing, Subscriptions, "Request refund", or through support. 10.6 **Which version applies.** A refund of a payment follows the version of the Refund Policy in force when that payment was made, unless the law requires otherwise (Refund Policy, Section 9). ### 11. Payment Disputes And Chargebacks 11.1 **Payment disputes.** What happens when you dispute a charge with your bank or card issuer is set out in Section 14 of the Billing Policy. Nothing in these Terms limits any right you have under law to dispute a charge. ### 12. Price Changes 12.1 **Price changes.** Price changes are governed by Section 12 of the Billing Policy. If the billing address on your account is in a place where the law requires your agreement to a price increase (at the date of these Terms, the State of New York), Schedule A of the Billing Policy applies. ### 13. Acceptable Use 13.1 **The Acceptable Use And Data Policy.** The Acceptable Use And Data Policy governs what you may and may not do with the Services, including its rules for Personal Accounts in Schedule A: no reaching devices you do not own, no sharing or reselling, and no commercial use where a Tier does not allow it. ### 14. Prohibited Data 14.1 **Prohibited data.** What you must not enter into the Services is set out in Section 3 of the Acceptable Use And Data Policy. ### 15. Your Content And Privacy 15.1 **Your Content is yours.** You own Your Content. You are responsible for it and for having the rights needed to use it with the Services. 15.2 **Our use of Your Content.** You give ZephyrusWare permission to host, copy, process, transmit and display Your Content only as needed to provide, secure and support the Services, to prevent abuse and to comply with law. ZephyrusWare does not sell Your Content. 15.3 **ZephyrusWare applications.** When you open a ZephyrusWare application from your Personal Account, the Platform gives that application only what it needs to authorize and display your use: an internal identifier for you and for your account, your license status and features, your role, and the display names of you and your account. Your email address and sign-in identity are not given to the application, and the application asks the Platform again each time rather than keeping its own copy of your name. 15.4 **Privacy Policy.** ZephyrusWare's Privacy Policy (https://zephyrusware.com/privacy-policy) explains how ZephyrusWare collects and uses personal information, including Account Data, and how to ask to access, correct, export or delete it. 15.5 **Service providers.** ZephyrusWare uses service providers to host and store data, authenticate users, process payments and calculate tax, send email, publish service status and keep backups. The Privacy Policy lists them. ZephyrusWare may add or replace service providers and will update that list. 15.6 **Usage Data.** ZephyrusWare may collect and use Usage Data to operate, secure, support and improve the Services. ZephyrusWare will not share Usage Data with third parties in a form that identifies you, except with service providers, as required by law, or as described in the Privacy Policy. ### 16. Security Security, and what ZephyrusWare does to protect Your Content and Account Data, is set out in Section 4 of the Service Policy. ### 17. Availability And Support 17.1 **Availability and support.** Availability, status and support are set out in Sections 2 and 3 of the Service Policy. ### 18. ZephyrusWare Applications And Third-Party Services 18.1 **ZephyrusWare applications and third parties.** ZephyrusWare applications, third-party services and payment processors are covered by Section 6 of the Service Policy. ### 19. Intellectual Property And Feedback 19.1 **Your license.** ZephyrusWare and its licensors own the Services, the Platform and the Documentation. Subject to these Terms and payment of applicable fees, ZephyrusWare grants you a personal, non-exclusive, non-transferable right during your Subscription to use the Services for your own personal purposes and, where a product's Tier allows it, for commercial purposes under Section 6.4. No other rights are granted. 19.2 **Feedback.** If you give ZephyrusWare suggestions or feedback, ZephyrusWare may use them without any obligation to you. ### 20. Warranties And Disclaimers 20.1 **Our commitment.** ZephyrusWare will provide the paid Services with reasonable care and skill and in all material respects as described in the Documentation. 20.2 **If we fall short.** If ZephyrusWare breaches Section 20.1 and does not fix the problem within 30 days after you report it with enough detail to investigate, you may cancel the affected Subscription and receive a refund of prepaid fees for the unused remainder of its term. This does not limit any other remedy the law gives you that cannot be excluded. 20.3 **Disclaimer.** Except as stated in Section 20.1, and to the extent the law allows, the Services are provided "as is" and "as available", and ZephyrusWare disclaims all other warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranty that the Services will be uninterrupted or error-free or that data will never be lost. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. You should keep your own copies of data that is important to you. ### 21. Limitation Of Liability 21.1 **Excluded damages.** To the extent the law allows, ZephyrusWare is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if told they were possible. 21.2 **Cap.** To the extent the law allows, ZephyrusWare's total liability arising out of or relating to these Terms or the Services is limited to the greater of (a) the amounts you paid ZephyrusWare for the Services during the 12 months before the event giving rise to the liability, and (b) US$100. 21.3 **What is not limited.** Sections 21.1 and 21.2 do not limit liability for ZephyrusWare's fraud, gross negligence or willful misconduct, for death or personal injury caused by ZephyrusWare's negligence, or any liability that cannot be limited by law. Some states do not allow these limitations, so some of them may not apply to you. ### 22. Indemnification To the extent the law allows, you will reimburse ZephyrusWare for reasonable losses, including reasonable legal fees, from a third-party claim arising from Your Content, your use of the Services in breach of the Acceptable Use And Data Policy (Sections 13 and 14), or your violation of law. ZephyrusWare will tell you about the claim promptly and let you take part in its defense at your own expense. ### 23. Suspension 23.1 **Suspension.** When ZephyrusWare may suspend your access, and how it limits a suspension, are set out in Section 8 of the Service Policy. ### 24. Closing Your Account, Data Export And Deletion 24.1 **Term, closing and export.** These Terms apply from your acceptance until your Personal Account is closed. Closing your account, data export, deletion and the records ZephyrusWare keeps are governed by Section 9 of the Service Policy. 24.2 **If the account holder dies or loses capacity.** Because a Personal Account cannot be transferred, it is not passed to anyone else. A person with legal authority to act for you may ask ZephyrusWare to cancel Subscriptions, export Your Content or close the account, and ZephyrusWare may ask for proof of that authority. 24.3 **Survival.** Sections that by their nature should survive the end of these Terms survive, including Sections 10, 11, 15, 19 through 22, 24 and 27 through 31. ### 25. Changes To The Services Changes to the Services are governed by Section 7 of the Service Policy. ### 26. Changes To These Terms 26.1 **Versions.** Each version of these Terms has a version number and effective date. ZephyrusWare keeps each version you have accepted and will give you a copy on request. 26.2 **Notice of changes.** ZephyrusWare may update these Terms. For a material change, ZephyrusWare will Send you an email at least 30 days before the new version takes effect, unless a change is required sooner by law or for security reasons. Changes that do not materially affect your rights take effect when published. 26.3 **Accepting a new version.** ZephyrusWare may ask you to accept a new version in the customer portal. Until you do, ZephyrusWare will not renew your Subscriptions (Section 9.3 of the Billing Policy) and may limit new purchases and upgrades, but will not stop your access to what you have already paid for, export, cancellation or support. 26.4 **If you do not agree.** If you do not agree to a new version, you may cancel your Subscriptions before it takes effect. The version you last accepted continues to apply until the end of your current paid term. After that, continuing to use paid Services requires acceptance of the current version, so a Subscription does not renew until you accept it. 26.5 **Changes to the Policies.** The Billing Policy, the Refund Policy, the Acceptable Use And Data Policy and the Service Policy each have their own version and change under their own sections on changes, with the same 30 days' emailed notice for a material change. You accept a new version of the Billing Policy or the Refund Policy with a new, unticked checkbox that links to it. ### 27. Electronic Acceptance, Records And Communications 27.1 **How acceptance works.** You accept these Terms electronically when you open your Personal Account: you are shown these Terms, you tick a checkbox that is not ticked for you confirming that you have read them and agree to them for yourself, you tick a second and a third checkbox, also not ticked for you, confirming that you have read and agree to the Billing Policy and the Refund Policy that the checkboxes link to, you confirm your eligibility under Section 3.2, and you submit. You accept later versions in the same way in the customer portal. 27.2 **Effect.** Your electronic acceptance has the same effect as a handwritten signature. 27.3 **What is recorded.** ZephyrusWare records the version of these Terms, the Acceptable Use And Data Policy, the Service Policy, the Billing Policy and the Refund Policy you accepted, a SHA-256 fingerprint of the exact text of each that you were shown, the date and time of acceptance, your eligibility confirmation, and the account that accepted, including the name and email address on it at that time. ZephyrusWare does not record your IP address or browser details for this purpose. These records cannot be changed after they are made, and ZephyrusWare uses them to show which text you agreed to. 27.4 **Electronic communications.** You agree to receive notices and other communications from ZephyrusWare electronically, by email to the address on your account and through the customer portal. ZephyrusWare's notices are sent automatically by its systems. Electronic communications satisfy any legal requirement that a communication be in writing. 27.5 **When an email notice is given.** An email from ZephyrusWare is Sent, and any notice it contains is given, as Section 15 of the Billing Policy describes. 27.6 **Your choices about electronic records.** You need a current web browser and an email account to use the Services and receive notices, and a way to save or print them. You may ask for a paper copy of these Terms or of a notice at no charge through support. You may withdraw your consent to electronic communications by closing your account under Section 9.1 of the Service Policy, because the Services are offered only electronically. Keep your email address current in the customer portal. ### 28. Disputes And Courts 28.1 **Contact us first.** Before starting a court case, the party with a claim will send the other a written notice describing it and the relief requested: ZephyrusWare to the email address on your account, and you to legal@zephyrusware.com and PO Box 212, Eagle Lake, FL 33839. Both parties will try in good faith to resolve the claim for 30 days after the notice is received. Any deadline for bringing the claim is paused during that period. This does not prevent either party from asking a court for urgent relief to prevent immediate harm. 28.2 **Where claims are decided.** Any dispute arising out of or relating to these Terms, the Services, your Personal Account or any purchase that is not resolved under Section 28.1 will be decided only in the state courts located in Polk County, Florida, or in the United States District Court for the Middle District of Florida. This applies to every claim, including a small claims case. You and ZephyrusWare each consent to the personal jurisdiction of those courts. 28.3 **No waiver of court rights.** These Terms do not require arbitration and do not waive your right to a jury trial or to take part in a class action. ### 29. Governing Law These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. This does not take away any protection that the consumer laws of the state where you live give you and that cannot be waived by agreement. ### 30. Notices 30.1 **To ZephyrusWare.** Legal notices to ZephyrusWare must be sent to PO Box 212, Eagle Lake, FL 33839 and legal@zephyrusware.com. Security issues should be reported to security@zephyrusware.com. 30.2 **To you.** ZephyrusWare may send notices to the email address on your account or through the customer portal. A notice sent by email is given when it is Sent, as Section 27.5 describes. ### 31. General 31.1 **Assignment.** You may not assign these Terms. ZephyrusWare may assign these Terms to an affiliate or in connection with a merger, acquisition or sale of all or substantially all of its related business, and will tell you if it does. An assignment does not reduce your rights under these Terms. 31.2 **Entire agreement.** These Terms, including the Privacy Policy, the four Policies and the documents they reference, are the entire agreement between you and ZephyrusWare about your Personal Account and replace any earlier agreement about it. 31.3 **Severability and waiver.** If any provision is found unenforceable, it will be enforced to the maximum extent allowed and the rest of these Terms stay in effect. Failing to enforce a provision is not a waiver. 31.4 **Events outside our control.** ZephyrusWare is not liable for delays or failures caused by events beyond its reasonable control, including failures of hosting, identity, email or payment providers. 31.5 **Export and sanctions.** You must comply with export control and sanctions laws that apply to your use of the Services. The Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC) administers U.S. sanctions. It publishes its [Sanctions Programs and Country Information](https://ofac.treasury.gov/sanctions-programs-and-country-information) and its lists in the [Sanctions List Service](https://ofac.treasury.gov/sanctions-list-service), which you can check with [Sanctions List Search](https://sanctionssearch.ofac.treas.gov/). You may not use the Services if you are listed on an OFAC sanctions list, or if U.S. sanctions prohibit ZephyrusWare from providing the Services to you or to the place you are in. 31.6 **No third-party beneficiaries.** These Terms do not give rights to anyone other than you and ZephyrusWare. 31.7 **Interpretation.** These Terms are written in English. Headings are for convenience only, and "including" means "including without limitation". 31.8 **No partner relationship.** ZephyrusWare partners are not involved in your Personal Account and cannot make promises for ZephyrusWare. 31.9 **State notices.** California residents: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. ### 32. Contact Questions about these Terms can be sent to legal@zephyrusware.com. Support is available through the Support page in the customer portal. Security concerns can be sent to security@zephyrusware.com.