- Who we are and what these terms cover
- Accepting these terms
- Accounts
- Products and subscriptions
- APIs
- Third-party services and Google integrations
- Acceptable use
- Your content
- Our intellectual property
- Client engagements
- Availability, support and changes to the Services
- Disclaimer of warranties
- Limitation of liability
- Indemnity
- Suspension and termination
- Governing law and disputes
- General
- Contact
1. Who we are and what these terms cover
Zactonz Technologies ("Zactonz", "we", "us") is a software engineering business registered as a sole proprietorship in Pakistan, with its place of business at 2-C1, Block C, Elite Town, Lahore, Punjab 53100, Pakistan.
These Terms of Use ("Terms") apply to everything we operate (together, the "Services"):
- the website zactonz.com and its subdomains;
- the products we develop and host, including VitalLens (vitallens.zactonz.com), Zotiba (zotiba.com and app.zotiba.com), ClassTools24 (classtools24.com) and NeuronFlow (neuronflow.zactonz.com) (each a "Product");
- the application programming interfaces hosted under api.zactonz.com and documented at developers.zactonz.com (the "APIs");
- the WordPress plugins and themes and the cPanel and WHM extensions we publish (the "Extensions"); and
- custom software, design and consulting work we perform for clients ("Client Engagements").
A Product, API or Extension may carry supplemental terms, a pricing page or an end-user licence. Where a supplemental term conflicts with these Terms, the supplemental term governs for that Product, API or Extension. A signed proposal, statement of work or contract governs a Client Engagement over these Terms.
2. Accepting these terms
By accessing or using any Service you agree to these Terms and to our Privacy Policy, which forms part of them. If you use a Service on behalf of a company or other organisation, you confirm that you are authorised to bind it, and "you" includes that organisation. If you do not agree, do not use the Services.
You must be at least 18 years old, or the age of majority where you live, to create an account or enter into a paid plan. Tools on ClassTools24 that require no account may be used by students under the supervision of a teacher or parent; see the Privacy Policy for how we treat children's data.
3. Accounts
Some Services require an account. You must provide accurate information and keep it current. You are responsible for safeguarding your credentials and API keys and for all activity under your account, whether or not you authorised it. Tell us promptly at the address in section 18 if you believe your account or key has been compromised. We may refuse, reclaim or rename account identifiers that infringe a third party's rights or that we need for operational reasons.
4. Products and subscriptions
Plans. Each Product describes its free and paid plans, limits and features on its own site. Features and limits may differ between plans and may change as described in section 11.
Billing. Paid plans are billed in advance for the period you select and renew automatically at the then-current price until cancelled. Prices exclude taxes unless stated; you are responsible for any applicable taxes. Payments are processed by third-party payment processors; we do not store full card numbers.
Cancellation and refunds. You may cancel at any time from your account settings or by contacting us; cancellation takes effect at the end of the current billing period and you keep access until then. Fees already paid are non-refundable except where a Product's own terms say otherwise or the law requires a refund. If we permanently withdraw a paid Product, we refund the unused portion of any prepaid period.
Trials and free plans. We may offer trials or free plans and may change or end them at any time. A free plan carries no service commitment.
Price changes. We give at least 30 days' notice of a price increase by email or in the Product before it takes effect on your next renewal.
5. APIs
Access. Some APIs are open; others require a key issued by us. Keys are personal to you or your organisation and may not be shared, sold or embedded in publicly distributed client code. We may issue, rotate or revoke keys at our discretion.
Limits. Each API is subject to the rate limits, quotas and fair-use conditions published at developers.zactonz.com. We may throttle or block traffic that exceeds them or that degrades the service for others.
Your applications. You are responsible for the applications you build on the APIs, for the data you send to them and for complying with the terms of any third-party source your requests point at (for example a website you ask us to screenshot or a video platform you ask us to query). You must not use the APIs to circumvent access controls, scrape personal data, or violate another party's terms or rights.
Availability and changes. We publish live availability at developers.zactonz.com/status. We aim to give reasonable notice on developers.zactonz.com before removing an API or making a backward-incompatible change, but we may make such changes without notice where security, legal compliance or a third-party dependency requires it.
Extensions. WordPress plugins and themes and cPanel and WHM extensions are provided under the licence stated in their package. Where no licence is stated, they are licensed for use on systems you control, without warranty, and may not be redistributed for a fee.
6. Third-party services and Google integrations
Some Products let you connect third-party accounts and services. You choose whether to connect them, and you can disconnect at any time from the Product's settings or from the third party's own permissions page.
Google services in Zotiba. Zotiba can, at your request, connect to your Google account to sync meetings with Google Calendar and to import contacts you choose from Google Contacts, and it uses Google Maps to display addresses and Google reCAPTCHA to protect forms. Your use of these features is also subject to the Google Terms of Service, the Google Maps Platform Terms and the Google Privacy Policy. We access only the scopes you grant, use the data solely to provide the feature you enabled, and handle it as described in the Privacy Policy, including Google's Limited Use requirements.
Other providers. Payment processors, email delivery, hosting and analytics providers process data on our behalf under their own terms. We are not responsible for third-party services we do not control, and a third party's outage, change or withdrawal of an API may affect a feature that depends on it.
7. Acceptable use
You must not, and must not allow others to:
- use a Service in breach of any law, regulation or third-party right, including privacy, intellectual-property and export laws;
- send spam, phishing content, malware or anything unlawful, defamatory, hateful or sexually explicit involving minors;
- probe, scan, overload, disrupt or attempt to gain unauthorised access to any Service, account, network or data;
- reverse engineer, decompile or extract source code from a Service except where the law allows it regardless of this clause;
- resell, sublicense, rent or time-share a Service, or build a competing service using our non-public interfaces;
- misrepresent your identity or affiliation, or impersonate Zactonz or any person on a digital business card or other content; or
- use automated means to create accounts or to access a Service other than through the APIs and documented interfaces.
8. Your content
You keep ownership of the content and data you submit to a Service, including profile details, files, contacts, calendar events, workflow definitions, monitoring targets and API request payloads ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, display and back up Your Content solely to provide and secure the Services, to comply with law, and as you otherwise direct. This licence ends when Your Content is deleted from the Service, subject to backup retention described in the Privacy Policy.
You are responsible for Your Content and confirm that you have the rights needed to submit it and to grant the licence above. Content you choose to publish, such as a public Zotiba card, is visible to anyone with its link. We may remove content that breaches these Terms.
If you send us feedback or suggestions, we may use them without obligation to you.
9. Our intellectual property
The Services, including software, designs, text, graphics, logos, documentation and the Zactonz, VitalLens, Zotiba, ClassTools24 and NeuronFlow names and marks, are owned by Zactonz or its licensors and protected by copyright, trademark and other laws. Except for the limited rights expressly granted in these Terms or in a licence shipped with an Extension, no rights are granted to you. Third-party names and logos shown on our sites belong to their owners and are used for identification only.
10. Client engagements
Custom development, design and consulting work is performed under a written proposal, statement of work or contract that sets out scope, price, milestones, acceptance and support. Unless that document says otherwise: (a) you own the deliverables created specifically for you on payment in full; (b) we retain ownership of pre-existing materials, tools, libraries and generic components and grant you a perpetual licence to use them as part of the deliverables; (c) open-source components remain under their own licences; and (d) we may identify you as a client and describe the work in general terms unless you ask us in writing not to.
11. Availability, support and changes to the Services
We work to keep the Services available and publish live status for the APIs, but we do not promise uninterrupted or error-free operation. Planned maintenance is announced where practical. Support is provided by email or through the channels listed in each Product; response times are described in the applicable plan or contract.
We may add, change or remove features, and may discontinue a Service. For a paid Product we give at least 30 days' notice before discontinuation and refund the unused portion of any prepaid period. We may make changes without notice where required for security, legal compliance or the continued operation of a third-party dependency.
12. Disclaimer of warranties
To the fullest extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will meet your requirements, that results such as performance scores, uptime figures, generated text or extracted data will be accurate or complete, or that data stored in the Services will not be lost. You are responsible for keeping your own copies of important data.
13. Limitation of liability
To the fullest extent permitted by law, Zactonz will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to the Services or these Terms, however caused and under any theory of liability, even if advised of the possibility.
Our total liability for all claims arising out of or related to the Services or these Terms is limited to the greater of (a) the amount you paid us for the affected Service in the twelve months before the event giving rise to the claim and (b) fifty US dollars (USD 50). For Client Engagements, the liability cap in the applicable contract applies instead.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, or for fraud.
14. Indemnity
You will defend, indemnify and hold harmless Zactonz from and against any claims, damages, liabilities, costs and expenses, including reasonable legal fees, arising out of or related to Your Content, your applications built on the APIs, your use of the Services in breach of these Terms, or your violation of any law or third-party right.
15. Suspension and termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access to a Service, with notice where practical, if you materially breach these Terms, if your use creates security, legal or operational risk, if a payment is overdue, or if we discontinue the Service under section 11. On termination your right to use the Service ends; sections 8 (as to the backup period), 9, 12 to 14, 16 and 17 survive. You may export Your Content before closure using the tools in the Product, and we delete it as described in the Privacy Policy.
16. Governing law and disputes
These Terms are governed by the laws of the Islamic Republic of Pakistan, without regard to conflict-of-law rules. The courts of Lahore, Pakistan have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party submits to that jurisdiction. Before starting proceedings, the parties will attempt in good faith to resolve the dispute by discussion for at least 30 days. Nothing in this section prevents either party from seeking urgent injunctive relief in any competent court, and nothing removes protections you have under mandatory consumer law where you live.
17. General
Changes to these Terms. We may update these Terms. The current version is always at zactonz.com/terms with its effective date. For material changes we give at least 14 days' notice by email or in the affected Service; continued use after the effective date is acceptance.
Entire agreement. These Terms, the Privacy Policy and any supplemental terms or contract referenced in section 1 are the entire agreement between you and Zactonz about the Services and replace any earlier agreement on the same subject.
Assignment. You may not assign these Terms without our written consent. We may assign them to a successor of the business.
Severability and waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of hosting, network or third-party service providers, provided it takes reasonable steps to mitigate.
Notices. We may notify you by email to your account address or within the Service. Notices to us go to the address in section 18.
18. Contact
Zactonz Technologies, 2-C1, Block C, Elite Town, Lahore, Punjab 53100, Pakistan. Email info@zactonz.com. Telephone +92 (42) 35 493 422.