1. Introduction
These terms of service (the "Terms") govern your use of ZetaMarker, a tool for annotating online articles (the "Tool"). By using our Tool, you agree to these Terms.
2. License
ZetaMarker grants you a limited, non-exclusive, non-transferable license to use our Tool for personal purposes only, subject to these Terms. You are not permitted to use our Tool for any commercial purposes. Furthermore, you are not permitted to modify, adapt, or reverse engineer the source code of our Tool, whether in whole or in part.
3. Restrictions on Use
You may not:
- Modify, adapt, or create derivative works of our Tool;
- Use our Tool in a manner that violates any laws or regulations;
- Use our Tool to harm, threaten, or harass others;
- Use our Tool to infringe on the intellectual property rights of others;
- Use our Tool to distribute unsolicited messages or spam;
- Use our Tool to collect personal information of others without their consent.
4. Ownership
The intellectual property rights in your annotations and highlights remain with you. ZetaMarker only retains the intellectual property rights in our Tool, including all content and materials. However, you hereby grant ZetaMarker a non-exclusive, royalty-free, worldwide license to use, copy, modify, and analyze your annotations and highlights solely for the purpose of improving the Tool, including developing new features or functionalities.
5. Disclaimer of Warranties
ZetaMarker provides our Tool on an "as is" and "as available" basis, without warranties of any kind, express or implied. We do not warrant that our Tool will meet your requirements or be uninterrupted, timely, secure, or error-free.
6. Limitation of Liability
ZetaMarker will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Tool, even if we have been advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless ZetaMarker and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our Tool or your breach of these Terms.
8. Third Party Content
Our Tool may provide links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ZetaMarker of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Pro subscription and billing
ZetaMarker offers a Free tier (local highlighting in the browser) and a Pro tier (cloud sync, web dashboard, exports, and related features). Pro is billed in USD through our web dashboard and a third-party payment processor. Current list prices are published on our pricing page.
New accounts may receive a 7-day Pro trial after email confirmation, as described on the marketing site and in the dashboard. When the trial ends, continued use of paid cloud features requires an active subscription unless we offer another promotion in writing.
If you used ZetaMarker before a recent product update, you may need a one-time account update on the dashboard before cloud sync resumes; see our account update guide.
Subscription cancellations, refunds, and billing disputes are described in our Refund Policy. By subscribing to Pro, you also agree to those billing terms.
10. Changes to these Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. You are advised to review these Terms periodically for any changes. Your continued use of our Tool after any modifications to these Terms constitutes your acceptance of those modifications.
11. Governing Law
These Terms and your use of our Tool will be governed by and construed in accordance with the laws of Canada applicable therein, without giving effect to any choice of law or conflict of law provisions. Any legal action or proceeding arising out of or in connection with these Terms or our Tool will be brought exclusively in the courts of the Province of Ontario, Canada.