“zkipster” is incorporated in Zurich, Switzerland as a stock corporation under “zkipster AG” (zkipster Ltd) with company no. CHE-345.444.895.

By using the website www.zkipster.com (the “Site”), you automatically indicate your understanding and acceptance of the following terms and conditions (the “Agreement”):

1. General

1.1 Website

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, or its content. You agree not to add to, subtract from, or otherwise modify the Site or any content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of any third party.

1.2 Service

In order to use any service of zkipster (the “Service”) you have to open an account (the “Account”). You agree that registration for an Account and therefore the use of the Service is – if not explicitly agreed otherwise – subject to a subscription fee and additional terms and conditions, rules of conduct and acceptable use policies.
zkipster reserves the right to temporarily or permanently shut down access to its Web App and/or Mobile App(s) without prior notice, in case we have reason to believe the service is misused in any way, i.e. is not in line with the policies/sections listed in this Agreement and thereby would be considered as unfair use of the service. Any claims against zkipster with regard to withdrawal of access are excluded.

1.3 Data

zkipster explicitly agrees not to share any details of your uploaded data (e.g. details of the subscriber, names and contact details of any guests) (all such data together the “Guest Lists”) with any third party, except if you subscribe to any additional Feature(s)/Service(s), previously known as add-on Services (e.g. zFace, now known as picture guest list) where limited data sharing with third parties is necessary in order to provide and perform the additional Feature(s)/Service(s). By using the Service, you agree to import, store, access and otherwise use only data that you have obtained with permission from the owners of such specific data and for the purpose described herein. zkipster reserves the right to use your data for internal analytical purposes to improve the product or Service for you. zkipster will collect and may use your guests’ data as part of the service it provides for its invitation service. zkipster makes sure to use your guests’ data in an appropriate manner and only for the purpose of its invitation service or the purposes mentioned herein under section 1.3.
By using the Site and/or the Service, you agree that zkipster processes your personal data and that you had adequate information to understand the consequences of your consent. For the purpose of this Agreement, processing means any operation with personal data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving or destruction of data.

1.4 Communication

You agree that you will not use the Service to send any emails and/or text messages to unsolicited addresses/recipients. Specifically, referring to the following sections 1.4a and 1.4b.

1.4a Rules of conduct and acceptable use policy

The consequences of individual actions that users take can have a big impact on our abilities as a system. All users must follow the rules of conduct and acceptable use policy. If you violate this policy, we may suspend or terminate your account immediately and without prior warning.
The agreement to not send any emails to unsolicited addresses/recipients includes any individual who has communicated that your emails and/or test messages are unwanted. You agree that all emails and text messages (sent to your guests and to any third party), that are used in conjunction with the Service, were obtained specifically for the purpose of receiving correspondence from you, and are being used with explicit permission for that purpose. zkipster is not responsible for the content of emails and text messages sent to guests and to any third party by using the Service. zkipster offers reasonable effort with respect to the delivery of your emails and text messages when using the Service. However, zkipster offers no guarantees to the deliverability of your emails and text messages. zkipster is not responsible for any actions of those who receive emails and/or text messages, issued by using the Service. Specifically, consider the following restrictions when using our Service:
Do not use zkipster to send anything with offensive content, to promote anything illegal, or to harass any of the email recipients. You, or a third party you may have permitted to do so, may not send emails that, or perform actions that:
– constitute unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by zkipster in its sole reasonable discretion; or
– is considered to be in violation of the CAN-SPAM Act; or
– constitute unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); Spam is defined as per the following definition on SPAMHAUS; or
– contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of zkipster or any third party; or
– that put into your email any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
– impersonate any person or entity, including any employee or representative of zkipster; or
– include anyone’s identification documents or sensitive financial information; or
– upload or send to purchased lists, rented lists, or third-party lists of any kind.

1.4b Spamming

As email delivery is part of our services, we feel it’s our responsibility to be thorough about preventing spam-related abuse. It’s also in our best interest to keep the system clean, because our reputation and deliverability depend on it. Therefore you may only use zkipster to send emails to people and entities that either:
1. Gave you written (including electronic) permission to send emails to them, have not withdrawn that permission, and:
– gave you that permission in the past 12 months; or
– did not object to be sent invitations/be contacted for event-related emails in the past 12 months.
2. If you send emails to a list and you get an unusual amount of Spam complaints, Spam software and/or email clients will start blocking emails from your company. They’ll also ask zkipster to cancel your account. Should you not have the necessary permissions from your guests to send them emails, or should you otherwise not comply with the terms and conditions listed herein, then any import of your guests’ email addresses into zkipster’s Service is in violation with this Agreement.

2. Term

This Agreement is effective for an unlimited period unless and until earlier terminated as set forth herein. zkipster may terminate this Agreement with immediate effect if you fail to comply with any of the terms and conditions described herein.

3. Copyright

The Site and its content including the brand and the Service are protected by the respective copyright laws, and belong to zkipster.

4. Monitoring, Information Collection and Data Usage

All actions performed while using the Service and the Site are subject to monitoring and recording by zkipster. The information collected by said monitoring may be used for any legal purposes defined in this Agreement, including, but not limited to, providing cooperation with law enforcement authorities and for zkipster’s marketing and sales activities. All user sessions, emails and text messages sent may be recorded and logged with the respective Account information, IP addresses and time/day stamps. zkipster will not share your data (e.g. guest lists, log in information and invite lists etc.) with any third party. However, zkipster may share information (like names of guests) with third party providers in case required in order for zkipster to provide any additional Service you have explicitly subscribed to as part of your Services. Any collected data will be used to control the general usage of the Service and to improve the quality of Service (e.g. pricing, features) and for further marketing and sales activities.
In addition, please see Art. (16) ‘zkipster’s Privacy Policy’.

5. Uploaded Data and Intellectual Property and Rights

You understand and agree that any content and data (including, but not limited to any guest lists), which you upload, store, use, and transmit by using the Service, is owned or fully legally licensed to you, and is non-confidential in nature to any party.
You agree and understand that zkipster reserves complete title and intellectual property rights in the Service and the Site and in all information, writings, images and other works that you use, see, hear or otherwise experience on the Site and/or when using the Service.

6. Account – Subscription – Payments – Service Access

By opening an Account (registering for a username/password), subscribing for the Service, and paying a service fee (the “Service Fee”) you are allowed to use the respective Service for a certain period of time or for a number of events (as the case may be). If you subscribe to the Service on a per-event basis, the Service Fee can only be paid by a valid credit card (Visa, Mastercard, American Express, Discover). The License can be bought either as a: 1) Starter Event, 2) Basic Event or 3) Professional Event. If you subscribe to the Professional Plan and pay annually, wire payment can be granted upon request. The default payment method for the Service Fee is a valid credit card (Visa, Mastercard, American Express, Discover). In case of payment by credit card, a third party credit card service provider is handling the payment process. The Service Fee will be charged in either USD (United States Dollars), EUR (Euro), GBP (British Pound Sterling) or HKD (Hong Kong Dollars), depending on the selection you have made. A variation of the writing “ZKIPSTER – ZURICH” will appear on your credit card statement. At the time of checkout, zkipster will obtain an authorization from the credit card you have provided. Once zkipster receives the credit card authorization, zkipster will grant you access to the Service. Access to the Service will generally be granted after receipt of the Service Fee. In case you have paid by wire transfer, we will check our accounts.
If you have any questions about payments, charging and Service Fee, please contact us directly at support@zkipster.com. If you dispute any charges on your card without speaking to us first, your Account might be suspended and all data (including guest lists) may be deleted with immediate effect.
zkipster reserves the right to charge and/or increase the Service Fee for access to the Service at any time. However, in no event will you be charged for access to the Service unless zkipster obtains your prior consent to pay such charges. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred.
As part of certain event packages or the professional plan, zkipster offers professional features for which you have paid for as part of the purchase price. For details of what the services include, refer to the pricing page on our website at https://www.zkipster.com/pricing. zkipster shall not be liable whatsoever for any damages incurred by or in connection with such Services subject to the terms of this Agreement. You are aware that zkipster may use third parties in order to provide the respective Services.

7. Pricing (Service Fee) – Services

7.1. Service Fee

Once you have paid the Service Fee, zkipster will grant you access to the Service as follows:
Pay-as-you-Go: Limited to 1 event with a maximum duration of 72 hours, Starter Event at USD 99 / Event, EUR 99 / Event, GBP 69 / Event, HKD 769 / Event; Basic Event at USD 199 / Event, EUR 189 / Event, GBP 139 / Event, HKD 1,549 / Event; or Professional Event at USD 399 / Event, EUR 379 / Event, GBP 269 / Event, HKD 3,099 / Event;
Basic Plan: Unlimited number of events with check-in and pictures within 12 months. A) Paid Annually: USD 169 / Month, EUR 150 / Month, GBP 1115/ Month, HKD 1,388 / Month, B) Paid Seasonally: USD 185 / Month, EUR 170 / Month, GBP 125 / Month, HKD 1,450 / Month.
Professional Plan: Unlimited number of events, professional services and guests within 12 months. A) Paid Annually: USD 299 / Month, EUR 269 / Month, GBP 199 / Month, HKD 2,299 / Month. B) Paid Seasonally: USD 335 / Month, EUR 300 / Month, GBP 220 / Month, HKD 2,600 / Month.
Alteration between Service plans is available. Users that wish to switch Service plans can ‘upgrade’ current services and subscribe for a new Service plan via the account interface. The above pricing is applicable for all zkipster customers who signed up for a paid service with a new account effective on 11/30/2015 and onwards. For all zkipster customers prior to this date, the rules that were communicated supersede the pricing listed herein, until communicated further.
zkipster is not providing a cancellation period for any subscription to the Services. Accordingly, your purchase cannot be cancelled once it was paid and will not be refunded if not used. However, if you believe that zkipster has charged you in error, you must contact us within 10 days of such charge. No refunds will be given for any charges made more than 10 days prior to your dispute notice. zkipster reserves the right to refuse a refund if you are in breach of these terms and conditions under this Agreement. This refund policy does not affect your statutory rights.

8. Active and Inactive Account, Renew of Service, Termination

Pay-as-you-Go: Account will be activated after Sign-up, payment per event, billing via Credit Card only, Account remains active unless cancelled by client whereby Service can only be accessed by subscription and only for one event each time.
Basic Plan (Seasonal and Annual Payment): Account and Service will be activated for 4, respectively 12 months after Sign-up and payment of the Service Fee, billing via Credit Card only, automatic renewal of Account and Service plan every 4, respectively 12 months unless cancelled by the client 5 days before the end of the respective Service plan.
Professional Plan (Seasonal and Annual Payment): Account and Service will be activated for 4, respectively 12 months after Sign-up and payment of the Service Fee, billing via Credit Card only, automatic renewal of Account and Service plan every 4, respectively 12 months unless cancelled by the client 5 days before the end of the respective Service plan.
Once the status of the Account is inactive, you do not have access to any of your data, e.g. guest lists. zkipster may permanently delete any inactive Accounts and any thereto related data (incl. guest lists and invite lists) at any time at their sole discretion.
The early termination of the Service by you before the end of the respective subscription period is not available. Further, in the event that your Account is cancelled for violation of the terms and policies as stated in this Agreement, you will not be refunded.
zkipster shall have no liability whatsoever to you or any third party due to said deletion of data and any cancellation and/or termination. You understand that, after the termination and deletion of the data in accordance with the aforesaid, none of your data will be recoverable.

9. Hosting

zkipster does not provide any web hosting services. The Site, its database and the Service are hosted by a third party web host provider (i.e. Windows Azure – www.azure.com). zkipster shall not be liable whatsoever for any damages incurred by or in connection with the third party web host provider or to the host platform.

10. Disclaimer of Warranties

ZKIPSTER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT. ZKIPSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ZKIPSTER DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS ON THE SITE OR IN THE SERVICE WILL BE CORRECTED. ZKIPSTER DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. ZKIPSTER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE ONLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

11. Limitation of Liability

IN NO EVENT WILL ZKIPSTER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) THE LOST OR DAMAGE OF YOUR UPLOADED DATA (INCLUDING, BUT NOT LIMITED TO ANY GUEST-LISTS), OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ZKIPSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE SERVICE.
BECAUSE THE APPLICABLE LAW MIGHT NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH CASE, ZKIPSTER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY THE APPLICABLE LAW, BUT SHALL, IN NO EVENT, EXCEED CHF 100.00 (ONE HUNDRED SWISS FRANCS) IN TOTAL.

12. Indemnification

You understand and agree that you are personally responsible for your behaviour on the Site and your use of the Service. You agree to indemnify, defend and hold harmless zkipster, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site and the Service, or any violation by you of this Agreement.

13. Password Security

If you open an Account and subscribe for the Service that zkipster provides through the Site, you are responsible for maintaining the confidentiality of your identification (username) and password information, and for restricting access to your computer (including any telephone or tablet devices). You agree to accept responsibility for all activities that occur under your identification and password.

14. No Rights or License

You are granted no rights or license to any software by this Agreement. You understand and agree not to, directly, or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, remove any notices, labels or advertisement from the Site and the system. You also agree not to modify, translate, or create derivative works based on any aspect of the Site, the Service and the system. You understand that you have no rights to copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site, the Service and the system or any of its components.

15. Links to Third Party Web Sites / Linking to this Site

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by zkipster of the third party, the third party web site, or the information contained therein. zkipster is not responsible for the availability of any such web sites. zkipster is not responsible or liable for any such web site or the content thereon. If you would like to link to the Site, you must follow the following guidelines: Unless specifically authorized by zkipster, you may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site, and you may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

16. zkipster’s Privacy Policy

This privacy policy applies to the use of the Site and the Service, and its terms are a part of this Agreement. Additionally, by using the Site and the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
The following statement explains our policy regarding the personal information we collect about you. From time to time, you will be asked to submit personal information about yourself in order to receive or use the Service on our Site. By entering your details in the fields requested, you enable zkipster to provide you with the Service. zkipster takes your privacy very seriously. zkipster does not sell or rent your contact information to other companies. At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for law enforcement, or other issues of public importance, disclosure is necessary. You can help us by also taking precautions to protect your personal data when you are on the internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
As is standard practice, zkipster may use “cookies” (including flash cookies which are different from browser cookies because of the amount of, type of, and how data is stored) and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We use cookies and other technologies to study traffic patterns on our websites, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us. If, however, you prefer not to enable cookies, please disable cookies. Please note that certain features of the websites may not be available once cookies are disabled. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and click-stream data.
From time-to-time, zkipster may also engage third parties to track and analyze usage and volume of statistical information from individuals who visit zkipster’s websites.
zkipster may also use cookies delivered by third parties to track the performance of zkipster’s advertisements. For example, these cookies remember which browsers have visited zkipster’s websites. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after zkipster receives it.
zkipster may also contract with third party advertising networks that collect IP addresses and other information from zkipster’s websites, from emails, and from other third party websites. Advertising networks follow your online activities over time by collecting website navigational information through automated means, including through the use of cookies. It is used to provide advertisements about products and services tailored to your interests. You may see these advertisements on other websites. In general, it also helps zkipster manage and track the effectiveness of its marketing efforts. To learn how to opt out of these cookies using your browser settings click here or here.
For more information about opting out of the Google Ads Setting, click here.
If at any time you feel zkipster acts in violation of this privacy policy, please contact us immediately.

17. Entire Agreement / No Waiver / Assignment

These terms and conditions constitute the entire Agreement of the parties with respect to the use of the Site. However, for the use of the Service, the terms and conditions might be amended by zkipster at any time. The amended terms and conditions will constitute the entire agreement of the parties with respect to the subject matter hereof.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
No waiver by zkipster of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. zkipster is entitled to assign this Agreement (including the Service) to any third party at any time without any prior notification and/or consent.

18. Correction of Errors and Inaccuracies

The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. zkipster therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. zkipster does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

19. Changes to this Terms and Conditions

zkipster may change these terms and conditions from time to time. If we change these terms and conditions at some point in the future, zkipster will post the changes on the Site and by continuing to use the Site and the Service after zkipster has posted any changes, you accept and agree to the new terms and conditions, as modified.
Of course, the use of information gathered while the current terms and conditions – especially the current privacy statement – are in effect will always be consistent with the current terms and conditions and the privacy statement, even if we change e.g. the privacy statement later.

20. Enforcement / Governing Law / Place of Jurisdiction

Any and all disputes relating to this Agreement, your use of the Site, the Service, or the content are governed by, and will be interpreted in accordance with, the material laws of Switzerland to the exclusion of its conflict of law rules and any international treaties.
Exclusive Venue for any litigation shall be Zurich, Canton Zurich, Switzerland.