ZINGTHIS TERMS OF SERVICE

Effective Date: April 20, 2025

IMPORTANT NOTICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THESE TERMS CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ZINGTHIS, LLC.

By accessing or using the ZingThis.com website, any of its subdomains (including but not limited to ai.zingthis.com), mobile applications, or any services, tools, features, or functionality offered on or through our platforms (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not access or use the Services.

THESE TERMS CONTAIN AN ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY TRIAL FOR CERTAIN DISPUTES.

1. ABOUT OUR SERVICES

ZingThis, LLC (“ZingThis,” “we,” “us,” or “our”) provides access to a suite of AI-powered tools, SaaS applications, training materials, GPT mentors, content generation features, and related services tailored to entrepreneurs, content creators, and business professionals.

PROFESSIONAL ADVICE DISCLAIMER: THE SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, FINANCIAL, TAX, ACCOUNTING, MEDICAL, OR OTHER PROFESSIONAL ADVICE. BEFORE MAKING ANY LEGAL, FINANCIAL, TAX, ACCOUNTING, MEDICAL, OR OTHER DECISIONS FOR WHICH PROFESSIONAL ASSISTANCE WOULD BE APPROPRIATE, YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL. YOU ACKNOWLEDGE THAT ZINGTHIS IS NOT RESPONSIBLE FOR ANY DECISION YOU MAKE BASED ON THE INFORMATION PROVIDED THROUGH THE SERVICES.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Eligibility

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you have the legal capacity to enter into these Terms.

2.2 Account Information

When you register for an account, you agree to provide accurate, current, and complete information and to keep this information updated. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, outdated, or incomplete.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

3. SUBSCRIPTION PLANS AND BILLING

3.1 Subscription Terms

By subscribing to a ZingThis membership plan, you agree to recurring billing until you cancel your subscription. Your subscription will automatically renew at the end of each billing period unless you cancel it prior to the renewal date.

3.2 Payment Authorization

You authorize us to charge your selected payment method on a recurring basis corresponding to your subscription plan (monthly, quarterly, or annually). You are responsible for providing a valid payment method and ensuring that your payment information is accurate and up-to-date.

3.3 Price Changes

We reserve the right to change our prices at any time. If we change the pricing for your subscription plan, we will notify you at least 30 days in advance. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the updated price.

3.4 Taxes

You are responsible for all applicable taxes, and we will charge tax when required to do so. If you are tax-exempt, you must provide us with a valid tax exemption certificate.

4. CANCELLATIONS AND REFUNDS

4.1 Cancellation Process

You may cancel your subscription at any time through your account settings or by contacting us at info@zingthis.com. Upon cancellation, your access will remain active until the end of your current billing period.

4.2 No Refunds

ALL SALES ARE FINAL. Due to the digital nature of our Services, we do not offer refunds for any subscriptions, purchased content, or other paid features, except as required by applicable law or as expressly stated in these Terms.

4.3 Free Trial Conversions

If you signed up for a free trial, your account will automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial ends. You authorize us to charge your payment method the applicable subscription fee at the end of the free trial.

5. ACCEPTABLE USE POLICY

5.1 Prohibited Activities

You agree not to use the Services to:

a) Violate any applicable laws, regulations, or third-party rights;

b) Generate, transmit, or store content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, or otherwise objectionable;

c) Distribute malware, viruses, or any other malicious code;

d) Interfere with or disrupt the Services or servers or networks connected to the Services;

e) Attempt to gain unauthorized access to the Services or other user accounts;

f) Engage in any activity that could damage, disable, overburden, or impair the Services;

g) Scrape, data mine, or otherwise extract data from the Services in any way not explicitly permitted;

h) Utilize automated systems or software to extract data from the Services without prior written consent;

i) Resell, license, or distribute the Services or any content obtained through the Services without our express permission.

5.2 Content Guidelines

We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. By submitting content through the Services, you represent and warrant that you have all necessary rights to such content and that it does not violate these Terms.

5.3 API and Rate Limits

If you use our APIs, you agree to comply with any rate limits and other restrictions we impose. We reserve the right to throttle, suspend, or block access to our APIs if we determine, in our sole discretion, that your usage is excessive or abusive.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Intellectual Property

All content, trademarks, service marks, logos, code, features, functionalities, and other proprietary technologies provided through the Services are owned by ZingThis, LLC or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, copy, modify, create derivative works from, distribute, sell, license, or exploit any of our intellectual property without our express written permission.

6.2 License to Use the Services

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes.

6.3 Feedback

If you provide feedback, ideas, or suggestions regarding the Services (“Feedback”), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and otherwise exploit such Feedback for any purpose without restriction or compensation to you.

6.4 User Content

You retain all rights to any content you submit, post, or display through the Services (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works from, distribute, publicly display, and perform such User Content to provide and improve the Services.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Our Privacy Policy, available at https://www.zingthis.com/privacy, governs our collection, use, and disclosure of information. By using the Services, you consent to the processing of your information as described in our Privacy Policy.

7.2 Data Security

We implement reasonable security measures to protect your data but cannot guarantee absolute security. You acknowledge that data transmission over the internet is inherently insecure and that we cannot guarantee the security of data transmitted to or from the Services.

7.3 Compliance with Data Protection Laws

We comply with applicable data protection laws, including but not limited to:

a) European Union Laws: General Data Protection Regulation (GDPR), Digital Services Act, Digital Markets Act, and the EU Artificial Intelligence Act (effective in 2025/2026);

b) California Laws: California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), California Delete Act, and other regulations enacted by the California Privacy Protection Agency (CPPA);

c) Other U.S. State Laws: We comply with comprehensive privacy laws in states where we operate and where our users reside, including but not limited to Delaware, New Jersey, Maryland, Minnesota, and other states with applicable privacy legislation.

If you are located in a jurisdiction with data protection laws, your personal information will only be processed in accordance with such laws. We implement appropriate technical and organizational measures to ensure compliance with these regulations, including data protection assessments, data minimization practices, and security protocols.

7.4 Your Privacy Rights

Depending on your location, you may have specific rights regarding your personal data, which may include:

a) The right to access, delete, correct, or obtain a copy of your personal data; b) The right to opt out of the sale or sharing of your personal data; c) The right to opt out of targeted advertising and certain types of profiling; d) The right to limit the use and disclosure of sensitive personal information; e) For users under 16 years of age (or higher age thresholds in certain jurisdictions), additional protections apply, including opt-in requirements for certain data processing activities.

7.5 Data Protection Officer

For inquiries regarding our data practices or to exercise your rights under applicable privacy laws, you may contact our Data Protection Officer at info@zingthis.com.

7.6 International Data Transfers

If your use of the Services involves the transfer of personal data from the European Economic Area (EEA), United Kingdom, or other regions with data protection laws to countries that may not have equivalent data protection laws, such transfers will be made in compliance with appropriate transfer mechanisms as required by applicable data protection laws.

These mechanisms may include: a) Standard Contractual Clauses approved by the European Commission or UK authorities; b) Adequacy decisions where applicable (such as the EU-US Data Privacy Framework); c) Binding Corporate Rules; or d) Other legally valid transfer mechanisms or derogations.

You acknowledge that any personal data transferred internationally will be subject to cross-border transfer restrictions and requirements under applicable privacy laws. If requested, we will provide you with further details regarding the measures we have taken to safeguard such transfers.

7.7 Data Processing Agreement

Where we act as a data processor for your personal data under applicable privacy laws, our Data Processing Agreement (DPA) shall apply and is incorporated by reference into these Terms. The DPA outlines our obligations regarding the processing of personal data, including security measures, confidentiality, subprocessor management, assistance with data subject rights, and breach notification. You can request a copy of our DPA by contacting us at info@zingthis.com.

7.8 Data Protection Officer

For inquiries regarding our data practices or to exercise your rights under applicable privacy laws, you may contact our Data Protection Officer at info@zingthis.com.

8. SERVICE LEVELS AND TECHNICAL SUPPORT

8.1 Service Level Agreement

The Services are provided with the following service levels:

a) Availability: We will use commercially reasonable efforts to make the Services available 24/7/365, with a targeted uptime of at least 99.9% measured on a monthly basis, excluding scheduled maintenance windows.

b) Scheduled Maintenance: We will provide at least 48 hours’ advance notice for scheduled maintenance. Whenever possible, maintenance will be performed during non-business hours (between 10:00 PM and 6:00 AM Eastern Time).

c) Service Credits: If we fail to meet the availability target during any calendar month, and if you notify us of such failure within 30 days, you may be eligible for service credits as set forth in our Service Level Agreement available upon request.

8.2 Technical Support

We provide technical support for the Services as follows:

a) Standard Support: We will provide email and in-app support for the Services during regular business hours (9:00 AM to 6:00 PM Eastern Time, Monday through Friday, excluding holidays).

b) Response Times: We will use commercially reasonable efforts to respond to support requests within 24 hours for standard issues and within 4 hours for critical issues affecting your ability to use the Services.

c) Premium Support: Additional support options may be available for purchase. Details are available upon request.

8.3 Limitations

The service level commitments in this section do not apply to:

a) Issues resulting from your equipment, software, network connections, or other infrastructure; b) Issues resulting from your actions or omissions or those of your users; c) Force Majeure events as defined in Section 15; d) Beta or trial versions of the Services; e) Scheduled maintenance with advance notice; or f) Your breach of these Terms.

9. THIRD-PARTY SERVICES AND CONTENT

9.1 Third-Party Services

The Services may contain links to or integrations with third-party websites, applications, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services.

9.2 Third-Party Content

The Services may display content from third parties. You understand that we are not responsible for such content, and your use of third-party content may be subject to separate terms and conditions provided by the third party.

10. MODIFICATIONS TO THE SERVICES AND TERMS

10.1 Modifications to the Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

10.2 Modifications to the Terms

We may revise these Terms at any time by posting an updated version on our website. Your continued use of the Services after any changes to the Terms constitutes your acceptance of the revised Terms. If any changes are material, we will make reasonable efforts to notify you through the Services, email, or other means.

11. TERMINATION

11.1 Termination by You

You may terminate your account at any time by following the cancellation process in Section 4.1. Upon termination, you will lose access to the Services at the end of your current billing period.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including, without limitation:

a) Breach of these Terms; b) Suspected fraudulent, abusive, or illegal activity; c) Non-payment of fees; d) Extended periods of inactivity; or e) At our sole discretion for any other reason.

11.3 Effect of Termination

Upon termination:

a) Your right to access and use the Services will immediately cease; b) Any outstanding payment obligations will remain in effect; c) We will retain your data for a period of 90 days, after which it may be deleted or anonymized in accordance with our data retention policies, unless required by law to retain it longer; and d) Sections 4.2, 6, 10.3, 11, 12, 13, 14, 16, and 17 of these Terms will survive termination.

12. DISCLAIMERS AND WARRANTIES

12.1 Services Provided “As Is”

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

12.2 No Guarantees

ZINGTHIS, LLC, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

a) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; b) ANY ERRORS OR DEFECTS WILL BE CORRECTED; c) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR d) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

12.3 Third-Party Content

WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES, INCLUDING THIRD-PARTY CONTENT, AND YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR YOUR USE OF OR RELIANCE ON SUCH CONTENT.

12.4 Accuracy and Reliability

WHILE WE STRIVE TO PROVIDE ACCURATE AND RELIABLE INFORMATION, THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OTHER MISTAKES. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK AND DISCRETION.

13. LIMITATION OF LIABILITY

13.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZINGTHIS, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

a) YOUR USE OF OR INABILITY TO USE THE SERVICES; b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR e) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZINGTHIS, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) THE AMOUNT PAID, IF ANY, BY YOU TO ZINGTHIS, LLC FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (b) $100.00 USD.

13.3 Essential Purpose

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.4 Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ZingThis, LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

a) Your use of and access to the Services; b) Your violation of any term of these Terms; c) Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or property right; or d) Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Services.

15. FORCE MAJEURE

15.1 Definition of Force Majeure Event

Neither party shall be liable for any failure or delay in performance under these Terms arising from causes beyond its reasonable control, including, but not limited to:

a) Acts of God, natural disasters, earthquakes, floods, severe storms, fires, or other natural calamities; b) Epidemics, pandemics, or public health emergencies; c) War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest; d) Government restrictions, laws, or actions; e) Embargoes or blockades; f) National or regional emergencies; g) Strikes, labor stoppages or slowdowns, or other industrial disturbances; h) Telecommunications, power outages, network, or Internet failures not attributable to the obligated party; i) Shortage of adequate power or transportation facilities; or j) Other similar events beyond the reasonable control of the affected party.

15.2 Notice and Mitigation

The party claiming Force Majeure shall:

a) Provide prompt written notice to the other party of the nature and extent of the Force Majeure event; b) Use commercially reasonable efforts to mitigate the effects of the Force Majeure event and resume performance as soon as reasonably possible; and c) Provide regular updates to the other party regarding its mitigation efforts and expected timeline for resuming performance.

15.3 Extended Force Majeure

If a Force Majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected Services by providing written notice to the other party. In such case, you will be entitled to a pro-rata refund of any prepaid fees for Services not rendered due to the Force Majeure event.

15.4 Suspension of Obligations

During the occurrence of a Force Majeure event, the affected party’s performance obligations shall be suspended to the extent they are affected by the Force Majeure event. All other obligations under these Terms shall remain in effect.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before filing a claim against ZingThis, LLC, you agree to attempt to resolve the dispute informally by contacting us at info@zingthis.com. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days after submission, you or ZingThis may proceed with a formal proceeding.

16.2 Binding Arbitration

Except for disputes that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration will be conducted in Oakland, Maryland, unless you and ZingThis agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.

16.3 Class Action Waiver

YOU AND ZINGTHIS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and ZingThis agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

16.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of the obligation to arbitrate.

16.5 Opt-Out

You have the right to opt out of the binding arbitration and class action waiver provisions by sending written notice of your decision to opt out to info@zingthis.com within 30 days after first becoming subject to this provision.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and ZingThis, LLC concerning the Services.

17.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

17.3 Jurisdiction

You agree that any legal action, suit, or proceeding arising out of or relating to these Terms or your use of the Services shall be instituted exclusively in the federal or state courts located in Oakland, Maryland, and you consent to the personal jurisdiction of such courts.

17.4 Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

17.5 No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

17.6 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

17.7 Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by ZingThis, LLC: (a) via email to the email address you provide; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

17.8 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights.

17.9 Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Email: info@zingthis.com Address: ZingThis, LLC, [Physical Address], Oakland, Maryland

19. ACKNOWLEDGMENT

BY USING THE SERVICES OR CLICKING “I AGREE” (OR SIMILAR BUTTON OR CHECKBOX), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE SERVICES.

Last updated: April 20, 2025