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This document, hereinafter referred to as the "Agreement," is a legally binding contract between you and Offbeat Apps LLC, a company registered and operating in Georgia, United States ("Offbeat Apps"). This Agreement outlines the terms and conditions under which you are permitted to use our online and mobile services, including but not limited to, TryZest.app and any related domains (collectively, the "Website"), and the Zest mobile application (the "App" or “Zest”).
Collectively, all the features, content, and functionalities offered through our Website and App, whether they are accessible wirelessly, electronically, or available for download and printing, are referred to as the "System." The System is dynamic, and we reserve the right to make updates or changes at our sole discretion.
The System includes a lifestyle improvement program offering self-help resources, expert articles, healthcare tracking technology, and an online community (the "Zest Service", “Zest”). All the terms that apply to the use of the System extend to the Zest Service. Offbeat Apps LLC owns and operates both the System and the Zest Service. Your purchase or usage of our System signifies your acceptance to comply with these Terms and all applicable laws, regulations, and rules.
Please note, prior to using our System or the Zest Service, you must review and accept the terms and conditions of this Agreement. If you disagree with any part of this Agreement, you are not permitted to use our System or the Zest Service. Your use of our System indicates your acceptance of these Terms and your agreement to comply with them.
For clarity, in these terms, the words "we", "us", "our", "Offbeat Apps", and “Zest” refer to Offbeat Apps LLC, inclusive of any parent company, subsidiaries, branches, or affiliates under common ownership or control. The terms "you", "your", and "user" refer to any user of our System.
For users residing within the United States, or anywhere in the world, the minimum age required to utilize the Zest system developed by Offbeat Apps LLC is 18 years. People who are under this age threshold are not permitted to access or register for the System. If you are under the age of 18, you are not authorized to use our services.
By utilizing the System, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this Agreement, our Privacy Policy, and any other relevant policies, all of which form part of this Agreement. You accept to be legally bound by these terms in compliance with all applicable laws and regulations in the United States.
As a user, you recognize that Zest serves to help couples build stronger, more meaningful connections by offering curated resources, engaging conversation starters, creative date night ideas, and interactive games. By providing these tools, we aim to help people invest in their relationships, much like they do in their personal, financial, and mental well-being. Through continuous engagement, our app will foster healthier, happier, and more fulfilling relationships.
However, it's crucial to understand that Zest does not function as a medical or relationship counselor or entity. The information we provide is intended for your reference and does not substitute professional medical advice or consultation. We urge you to consult with licensed professional if you. Should a healthcare provider's advice conflict with any information within the Zest system, you should prioritize the advice given by the healthcare professional.
We reserve the right to modify, limit, or remove the content within our Services whenever we deem necessary, without any obligation to retain specific content, irrespective of its popularity, completion status, or level of interaction from you or your partner.
Access to the Zest system is exclusively provided to individuals who have either subscribed to our services through the Apple App Store or Google Play Store, enrolled in a complimentary trial, or have been granted access through a third-party sponsor like their employer or educational institution ("Paid Services").
In essence, we accord you a conditional, non-transferable, non-exclusive right for personal and non-commercial utilization of the specific components of the Zest system and its services, for which either you or a third-party entity has fulfilled all requisite subscription costs and fees. This is under the condition that you strictly adhere to the terms stipulated in this Agreement. For those users engaged in the complimentary trial, this granted right is confined to the trial's duration.
These Terms and any action related thereto will be governed by the laws of the State of Georgia, United States, without regard to its conflict of laws provisions.
Certain features of our Services are accessible only via a paid subscription. Specifics of the subscription plan are made available at the point of purchase. If any changes occur, we will reach out so you can decide whether to continue your subscription.
Several aspects of our Services are exclusive to users with an active paid subscription. Based on the subscription plan you choose, you will be billed in advance in a regular, periodic manner (daily, weekly, monthly, or yearly). Unless you or we cancel it, your subscription will automatically renew at the end of every billing cycle under the same conditions.
Subscription renewal can be cancelled either through your account settings or by reaching out to us. Refunds will not be issued for fees paid for the current subscription cycle, and you will retain access to subscription-only services till the end of your current cycle. If the subscription was made via an in-app purchase, renewal cancellation can be done through the respective App Store.
If you wish to terminate your monthly subscription, you can do so anytime, ensuring it's at least 24 hours before the end of the relevant monthly cycle. The termination will take effect following the completion of the current monthly cycle.
Similarly, you can choose to end a yearly subscription plan anytime, provided it's at least 24 hours before the relevant yearly cycle concludes. The termination will become effective once the ongoing annual cycle completes.
Be mindful that if you've procured a subscription via the Apple iTunes Store or through our iPhone app, you can end your subscription by disabling the automatic renewal of paid In-App Subscriptions. This can be done by visiting Manage App Subscriptions in your iTunes Account settings and choosing the subscription you wish to alter. If you've purchased a subscription via the Google Play store, you can halt automatic renewals by navigating to account settings under Subscriptions in the Google Play app, or by following the current procedure outlined by Google Play.
Upon purchasing a subscription through us, you agree to provide accurate and complete billing information such as full name, address, state, zip code, telephone number, and valid payment method. You agree to promptly update any changes in your account information with us or the Payment Processor, as applicable. You consent to pay us the amount specified in your chosen payment plan in accordance with the plan's terms and these Terms of Service. For payment plans involving automatically renewing subscriptions, you grant us (via the Payment Processor) authorization to bill your payment method in advance on a periodic basis according to your plan's terms until your account is terminated. Any charges incurred must be paid. If you dispute any charges, it must be brought to our attention within sixty (60) days from the charge date. You will be responsible for all taxes associated with the Service, except for taxes on our net income.
WE DO NOT HANDLE PAYMENT FOR ANY SERVICES. For facilitating payments via bank account, credit card, or debit card, we employ third-party payment processors such as Stripe for payments made through our Site, and such as Apple and Google for payments made through the respective App Store (collectively, “Payment Processors”). The payment processing services are governed by the terms, conditions, privacy policies, and all other relevant agreements (collectively, the “Payment Processor Agreements”) of the Payment Processors. Agreement with these Terms of Service also signifies agreement to the applicable Payment Processor Agreement for the user’s chosen payment function, which may be updated periodically by the respective Payment Processor. You give the Payment Processor authorization to store and continue billing your specified payment method past its expiration date to prevent payment interruptions for Service usage. For more information, contact the applicable Payment Processor directly. We are not liable or responsible for any payments made through a Payment Processor.
If automatic billing fails for any reason for payments made through our Site, we will send an electronic invoice indicating that you must manually proceed with the full payment for the billing period as specified in the invoice within a certain deadline. If the subscription was made through an App Store, all billing is handled by the respective App Store and is subject to that App Store's own terms and conditions.
We reserve the right to modify the subscription fees at any time at our sole discretion. Any changes to the subscription fee will take effect at the end of the current subscription period. We will provide reasonable advance notice of any changes in fees to give you an opportunity to end your subscription before the changes take effect. Continued usage of the Services after the fee change signifies your agreement to pay the revised subscription fee.
Paid subscription fees are non-refundable unless required by law. Certain refund requests for subscriptions may be considered on a case-by-case basis at our sole discretion. For in-app purchase subscriptions, the App Store's refund policy applies. Refund requests can be made by directly contacting the App Store.
We may offer a subscription with a free trial for a limited period at our sole discretion. You may be asked to enter your billing information to sign up for the free trial. If you provide your billing information, you will not be charged until the free trial period ends. Unless you have cancelled your subscription, you will automatically be charged the applicable subscription fees for the type of subscription you have chosen on the last day of the free trial. We reserve the right to modify the terms and conditions of the free trial offer or cancel the free trial offer at any time and without notice.
For information about managing in-app purchases using your device, refer to the App Store's own terms and conditions or your device's help settings. In-app purchases cannot be redeemed for cash or transferred. If an in-app purchase is not successfully downloaded or does not work once downloaded, we will investigate the reason upon becoming aware of the fault or being notified of the fault by you. We will act reasonably in deciding whether to provide a replacement in-app purchase or issue a patch to repair the fault, free of charge. In the unlikely event that we are unable to replace or repair the in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the App Store to refund you up to the cost of the relevant in-app purchase. Refund requests can also be made by directly contacting the App Store.
Promotions made available through the Services may be governed by separate rules. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Consent to Share Consumption Data with Apple:
By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.
Offbeat Apps LLC reserves the right, at our sole discretion, to modify or replace this Agreement, or any related policies or guidelines, at any time. Any such changes will become effective immediately upon being posted on our website. Your continued use of the Zest App after any such changes indicates your acceptance of the new terms.
While we will endeavor to provide a notice in advance of any significant changes to this Agreement, it is your responsibility to check this Agreement periodically for changes.
At our discretion, we may also provide notifications of changes through additional means such as email or in-app notifications. Regardless of any other provision in this Agreement, we reserve the right to make changes to this Agreement without prior notice. Your continued use of the Zest App following any changes to this Agreement constitutes your acceptance of those changes.
This Agreement is a binding agreement between you and us, commencing upon your initial use of the System and remaining in effect until terminated by either party. Zest reserves the right to terminate this Agreement or suspend your account at any time if there is unauthorized or suspected unauthorized use of the System, whether in violation of this Agreement or otherwise in Zest’s own discretion. In the event of termination by Zest under the circumstances outlined in this section, Zest shall bear no liability or responsibility towards you.
If you wish to delete any personal data we have associated with your use of Zest App, you can email us at privacy@tryzest.app
We maintain the right to terminate or suspend your access to the services at our discretion.
You reserve the right to permanently erase any personal data that you've shared with us during your usage of Zest App that we currently store, by reaching out to us at any time. On our end, we retain the authority to suspend or terminate your access to the Zest App at any moment at our discretion. We can also exercise discretion in removing any content, posts, or benefits associated with the Zest App.
You agree that you will not bring any claim against us for suspending or terminating another user's access to our services. If you attempt to bring such a claim, you are responsible for any resulting damages, including attorney fees and costs. Please note that these terms continue to apply even after you cease to use the Zest App.
Zest reserves the unequivocal right to terminate this Agreement and your access to the app, at its sole discretion, at any time and for any reason, including but not limited to, breach of these terms and conditions. Upon termination, all rights and licenses granted to you under this Agreement shall cease immediately and you shall discontinue all use of the app.
Zest may also in its sole discretion and at any time discontinue providing the app, or any part thereof, with or without notice. You agree that any termination of your access to the app under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Zest may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the app.
Further, you agree that Zest shall not be liable to you or any third-party for any termination of your access to the app. Following termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The Zest App is a relationship tool, not a source of professional medical advice or a tool for emergencies. For health concerns, always seek professional medical attention.
If you face a medical or mental health emergency, contact local emergency services immediately. Do not use the Zest App as a substitute for professional medical services or reporting abuse of any kind.
While Zest offers general medical information, this is purely for educational and informative purposes, and should not replace professional consultation, advice, or treatment. The content provided does not establish a professional medical-patient relationship and is not intended to treat any specific conditions.
Avoid relying solely on information from the Zest App for medical decisions; always consult a healthcare provider. Zest is not classified as a medical device and is not intended to replace any professional medical recommendations.
We strive for accuracy but do not guarantee the content's completeness or accuracy, and we are not liable for consequences resulting from using our information. If a mistake is found, we will correct it promptly. Always seek professional medical advice before making changes to prescribed medications.
We collect data from you in adherence to our Privacy Policy. By engaging with the Zest App, you grant permission for this data collection, and you ensure that all information you've provided is correct.
In order to make use of the Zest Service, you may be asked to provide personal information to create unique usernames and passwords. The onus of safeguarding these credentials rests on you, and you are wholly accountable for all activities under your username and password. This remains true regardless of whether you performed the activities or if someone else did so under your identity. If your password security is breached due to circumstances including, but not limited to, theft, loss, or unauthorized access, you must inform us promptly to change or deactivate your password. Until such communication reaches us, any unauthorized activity linked to your account falls under your liability.
Within the Zest App, if there are provisions that enable you to share content in public spaces, when you share such content, you agree to it being non-confidential for all intents and purposes. You automatically grant us, or assert that the content owner has explicitly provided us, an unlimited, irrevocable, royalty-free, global non-exclusive license to exploit, reproduce, adapt, form derivative works from, publish, edit, translate, distribute, and showcase the content across any medium or venue, in any style or format, presently known or to be developed in the future. Should you want any such information to remain private, it should not be shared on a public platform, or you should contact us via email as soon as feasible. The sole responsibility for any content you upload in a public space, the results of such posting, and your reliance on any other content found in your online group falls on you.
Upon pairing your App, we do not automatically disclose your personal data to your partner. Instead, we offer you the autonomy to initiate this sharing. Once you pair your version of the App with your partner's, you choose to share your name and conversations with them. As long as your App is paired, your partner will have access to all your dialogues until you decide to unpair or delete your account.
Zest owns all rights, titles, and interest, including all intellectual property rights, in and to the Zest services, products, and all underlying technology and data, including any enhancements and improvements thereto. As a user of Zest, you will not acquire any ownership or other rights by reason of your usage of the services or for any time you spend using the services. You may only use the services as expressly permitted in these terms of use.
Our services, products, and all content therein, including but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, and all other forms of intellectual property, are the property of Zest, our affiliates or other relevant third parties. By continuing to use the services, you acknowledge that such material is protected by applicable United States and international intellectual property and other laws.
You may not reproduce, copy, distribute, store, or in any other fashion re-use material from our services unless otherwise indicated on the services or unless given explicit written permission to do so by Zest. Specifically, you agree not to directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display any content except for your personal, noncommercial use, or to the extent expressly permitted in writing by Zest.
Infringement of any of Zest’s intellectual property rights may lead to legal action. If you suspect that the intellectual property rights of Zest or any related third party have been infringed by unauthorized use, please contact us immediately. Any rights not expressly granted herein are reserved to Zest.
While we are not obligated to monitor use of or access to our services or content, we reserve the right to do so in order to manage the services, ensure compliance with our terms, and adhere to applicable legal or other requirements. We can, at our sole discretion, remove or disable access to any content that we deem objectionable or in violation of these terms, at any time and without prior notice. We also have the right to investigate any violations of these terms or conduct affecting the services, and may cooperate with law enforcement authorities in prosecuting users who violate the law.
Zest is committed to providing our app under the principle of "as is" and "as available," without extending any form of warranties, representations, covenants, or conditions. It should be understood that while we strive to make the app as useful and reliable as possible, it is inherently subject to limitations, and may not always meet your specific requirements or expectations.
This agreement recognizes certain specific legal rights you may have. You may also possess other rights, which could vary based on your jurisdiction. We, however, do not make any assurance that the app will always be error-free, entirely reliable, continuously available, or that it will align perfectly with your needs or circumstances. We expressly disclaim all warranties, whether they are express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus, to the maximum extent permissible under applicable law.
Zest does not warrant the accuracy, completeness, timeliness, reliability, or existence of the content and information available on the app. The app and its content are presented without any guarantee of technical accessibility, fitness, flawlessness, or that their use will not infringe on the rights of third parties.
You assume the entire responsibility for your use of the app and the results stemming from its use. In no event shall Zest be held liable for any damage, loss, or negative impact that you might experience or cause to third parties through your use of the app, unless due to gross negligence, recklessness, or willful misconduct on our part.
Lastly, please be aware that no advice or information, whether communicated orally or written, that you obtain from Zest or through the app, shall create any warranty not expressly stated in this clause. As a user, you acknowledge that your use of the app is purely at your own risk.
Neither Zest, nor any other parties implicated in the development, execution, or provision of the Services, Products, or Content will be accountable for any accidental, exceptional, demonstrative, or consequential losses. These may encompass, but are not confined to, forfeiture of profits, data, or goodwill, disruptions to service, damages to computer or systems, or the expense of supplementary Services or Products tied to these terms. Such losses may be derived from the utilization of, or incapability to use the Services, Products, or Content, irrespective of their grounding in warranty, contract, tort (including negligence), product liability, or any other legal theory. This holds even if Zest was pre-advised of the possibility of such damages. If a limited remedy outlined here falls short of its key purpose, it does not alter the above. Certain jurisdictions may not sanction the exclusion or limitation of liability for consequential or incidental damages, thus the aforementioned limitation may not apply to you.
Zest will make a reasonable attempt to fix defects in the Products. If we do not adhere to these Terms, your sole and exclusive remedies and our complete obligation and liability to you shall never exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for:
(i) Any operational faults during the registration process, or during the acquisition of a subscription, or during the transmission of any data, and/or incorrect or excessively slow data transmission by your internet provider. Any damage that arises due to information you submitted not being received by us promptly, or not being considered due to technical faults in our software or hardware, whether within or outside of our control.(ii) Any loss or damage as a result of viruses or malicious software that may infect your device, computer equipment, software, data, or other properties as a result of accessing, using, or downloading from the Products, or via emails or attachments received from us.(iii) Any use of third-party websites linked to the Products.
As far as legally permissible, Zest, and its affiliates, suppliers, clients, or licensors ("Protected Entities") will not be held liable for any consequential, incidental, special, exemplary, or punitive damages or losses, whether direct or indirect. These may arise from the use of, or the inability to use, the Products or the related Content, materials, and functions, your provision of information via the Products, lost business or sales, any errors, viruses, or bugs in the Products. This holds true even if a Protected Entity has been advised of the possibility of such damages.
In no event shall the Protected Entities be liable for any content posted, transmitted, exchanged, or received by any user or on behalf of any user throughout the Products. The total aggregate liability of the Protected Entities for all damages, losses, and causes of action arising from these terms or your use of the Products shall not exceed, in aggregate, the actual amount paid by you to Zest for your use of the Products.
Despite anything to the contrary, you bear full responsibility for your own use of the Products. Zest will not be held accountable for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products, or any activities you engage in, in connection with your use of the Products.
While our goal at Zest is to provide you with exceptional service, we can't assure that the Services will always cater to your needs or be devoid of glitches. In case you encounter any issue with the Services, kindly bring it to our notice at support@tryzest.app We will duly assess your complaint and rectify the issue if we deem it necessary. There might be occasions when we need to temporarily suspend the Services to address the problem. Please understand that we are not liable if the Services are unavailable for a reasonable business period.
At times, we may need to limit your access to the Services for necessary repairs, routine maintenance, or to roll out new features or services. Rest assured, we will strive to restore access to the Services as swiftly as possible. Should the Services become unavailable, our standard procedures for orders and cancellations remain in effect. For any changes to your order, please communicate with us by emailing support@tryzest.app
The Zest app may contain links to websites, services, or content owned or operated by third parties. These links are provided for your convenience and do not indicate that we endorse these third-party sites or any content, products, or services available from them. We have no control over these external websites or their content and are not responsible for their availability or performance.
You acknowledge and agree that your interactions with these third-party sites are solely between you and such third parties, and Zest has no liability or responsibility for any transactions, communications, disputes or any relations whatsoever between you and any such third parties. We encourage you to be aware when you leave our app and to read the terms and conditions and privacy policies of each third-party website or service that you visit or utilize. Zest is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
You, as the User, agree to indemnify and hold harmless the Company, its officers, directors, employees, sub-licensees, customers, and agents from any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) arising from or relating to:
By using the Zest App, You acknowledge and agree to the terms of this indemnification clause and assume full responsibility for any claims or liabilities arising from your use of the App.
Offbeat Apps LLC ("Company") may, at its sole discretion, assign or transfer this agreement, in whole or in part, to any third party without restrictions, notice, or consent from the User. Such assignment or transfer shall be effective upon written notice to the User.
The User acknowledges and agrees that they shall not have the right to assign, sublicense, or transfer any rights or obligations under this agreement to any other party without the prior written consent of the Company.
This assignment clause is intended to provide the Company with the flexibility to transfer or assign its rights and obligations under this agreement in order to meet its business needs, and the User agrees to fully cooperate with any such assignment or transfer.
The rights and obligations of the User under this agreement are personal and may not be assigned or transferred without the express written consent of the Company. Any attempted assignment or transfer in violation of this clause shall be null and void.
This assignment clause shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
By using the services provided by Offbeat Apps LLC, the User acknowledges and agrees to the terms of this assignment clause.
This Agreement, together with any explicitly referenced documents, constitutes the complete and exclusive understanding between the parties involved, prevailing over all prior discussions, correspondences, negotiations, previous arrangements, understandings, or agreements regarding the subject matter herein. Both parties acknowledge that they do not rely on any representation or warranty, whether made innocently or negligently, that is not explicitly stated within this Agreement or the referenced documents. Each party agrees that their sole liability for any such representations and warranties, whether made innocently or negligently, shall be limited to breaches of this Agreement. It is important to note that nothing in this section intends to restrict or exclude liability for fraudulent actions.
In the event that a court of competent jurisdiction deems any provision of this Agreement unlawful, void, or unenforceable for any reason, that provision shall be modified and interpreted to achieve the intended objectives of the original provision to the fullest extent permitted by law. The remaining provisions of this Agreement shall continue to be valid and enforceable.
Any failure on our part to insist on the performance of your obligations under these terms, or any delay or omission in exercising our rights against you, shall not be construed as a waiver of such rights or relieve you from complying with your obligations. In the event that we do waive a default on your part, such waiver will only be effective if provided in writing, and it shall not automatically waive any subsequent default by you.
(a) Agreement to Arbitrate: All disputes arising from these Terms or the use of the Products between you and Zest, except for disputes seeking equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, shall be resolved through binding arbitration on an individual basis.
(b) Arbitration Process: The Federal Arbitration Act governs this arbitration provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"). In case the AAA is unavailable, an alternative arbitral forum will be chosen. The AAA Rules will apply, with any conflicts resolved by these Terms. The arbitration will be conducted by a single neutral arbitrator.
If the claim is $10,000 or less, the arbitration may proceed based on document submission, a non-appearance-based telephonic hearing, or an in-person hearing at a reasonably convenient location. The determination of the location, if the parties disagree, will be made by the arbitration institution.
Your arbitration fees and share of the arbitrator's compensation will be limited to those set forth in the AAA Rules, with Zest covering the remainder. If the arbitrator finds the claim frivolous or brought for an improper purpose, fees will be governed by the AAA Rules. In such cases, you agree to reimburse Zest for its previously disbursed fees. The arbitrator will issue a reasoned written decision.
(c) Arbitrator's Authority: The arbitrator has exclusive jurisdiction to decide on challenges to the arbitration provision's validity or unconscionability. They will also determine the rights and liabilities of both parties. The dispute cannot be consolidated with other cases or parties. The arbitrator can grant motions resolving claims or disputes and award remedies available under applicable law and the Terms. Their decision is final and binding.
(d) Jury Trial Waiver: By agreeing to arbitration, you and Zest waive your constitutional and statutory rights to a trial by judge or jury. Disputes over arbitration awards will be resolved by a judge rather than a jury.
(e) Class Action Waiver: You and Zest agree to bring claims against each other only in an individual capacity, waiving the right to participate in a class or consolidated action. If this waiver is invalid or unenforceable, claims will be resolved in court.
(f) Opt-Out: You have the right to opt-out of this arbitration agreement. To do so, you must provide a written notice within 30 days of becoming subject to this agreement. The notice must include your name, address, email used for your Zest account (if applicable), and an unequivocal statement of opting out. Please send your opt-out notice to: Subject: Arbitration Opt-out, ADR@tryzest.app
(g) Small Claims Court: Either you or Zest may bring an individual action in small claims court.
(h) Public Injunction Exclusion: You may pursue a claim for public injunctive relief through arbitration or in court.
(i) Agreement Survival: This arbitration agreement will remain in effect even after your relationship with Zest ends.
The following provisions shall survive termination of this agreement: Intellectual Property, Indemnity, Entire Agreement, Arbitration, Governing Law, Severability and waiver, Warranties and Limitations, Limitation of Liability
If you have any questions about these Terms or the Services or Products, please contact Zest at feedback@tryzest.app
