Terms of Service
The agreement that governs your use of ZARZOOM.
KEY DETAILS — the only place these values appear. To update the company, country, product, contact or date, change them here and nowhere else in this document.
Field Value Company ZARSK Ltd (referred to in this document as "the Company", "we", "us" or "our") Company registration [COMPANY NUMBER] Registered address [REGISTERED ADDRESS] Product / Service name ZARZOOM (the "Service" or "Platform") Website [WEBSITE URL] Governing law & courts England & Wales, United Kingdom (the "Governing Jurisdiction") Contact for legal notices [LEGAL EMAIL] Last updated [DATE]
1. Who we are and what these Terms cover
1.1 These Terms of Service ("Terms") are a legally binding agreement between you and the Company. They govern your access to and use of the Service, including the website, dashboard, workspaces, content-generation features, scheduling and publishing features, avatars, the developer API, and everything else we provide under the ZARZOOM name.
1.2 By creating an account, clicking to accept, or using the Service, you confirm that you have read, understood and agree to these Terms. If you do not agree, you must not use the Service.
1.3 These Terms incorporate by reference, and you also agree to, the following, which form part of your agreement with us:
- the Privacy Policy;
- the Acceptable Use Policy ("AUP");
- the Subscription & Billing Terms;
- the AI Content & Transparency Policy;
- the Cookie Policy; and
- where applicable to you, the Data Processing Agreement and API / Developer Terms.
Where there is any conflict between these Terms and one of those documents, these Terms prevail unless the other document expressly states that it overrides them for its specific subject matter.
2. Definitions
In these Terms:
- "Customer", "you" or "your" means the person or organisation that registers for or uses the Service.
- "Consumer" means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
- "Business Customer" means any Customer who is not a Consumer.
- "Content" means any text, articles, captions, images, video, audio, voice, scripts, hashtags, thumbnails, avatars and other material generated, produced, scheduled, stored or published through the Service for or by you.
- "Connected Account" means any third-party social media, publishing or messaging account that you connect to the Service so that Content can be published to it.
- "Third-Party Platform" means any social media network, publishing platform, or other external service to which Content may be published or with which the Service integrates (for example, but not limited to, Facebook, Instagram, TikTok, YouTube, LinkedIn, Pinterest, Reddit, X, Threads, Bluesky and Google Business Profile).
- "Publishing Partner" means the third-party service we use to route Content to your Connected Accounts.
- "Workspace" means a discrete brand, campaign, region or strategy environment within your account, each with its own settings, Connected Accounts, Content and billing.
- "Approval Queue" means the mode in which Content is held for your review and is only published after you approve it.
- "Auto-Publish" means the mode in which Content is published to your Connected Accounts automatically, without you reviewing each item first.
- "Avatar" means a synthetic presenter or likeness generated using the Service, including any created from a face or image reference you provide.
3. Eligibility and accounts
3.1 You must be at least 18 years old and capable of forming a binding contract to use the Service.
3.2 If you use the Service on behalf of an organisation, you confirm you are authorised to bind that organisation, and "you" includes that organisation.
3.3 You are responsible for keeping your login credentials secure and for all activity that occurs under your account, including activity in any Workspace and by anyone you allow to access your account. Notify us promptly if you suspect unauthorised use.
4. The Service — what it does and does not do
4.1 The Service uses artificial intelligence and automation to help you plan, generate, schedule and publish social media and related Content. Where you instruct it to publish, it does so to and through your own Connected Accounts, using the access you have authorised.
4.2 The Service is a tool that acts on your instructions and configuration. We do not independently decide to publish on your behalf, except in respect of Content posted on our own ZARZOOM-owned channels. When Content is published to your Connected Accounts, you are the author and publisher of that Content, whether you approved it individually or selected Auto-Publish.
4.3 We do not guarantee any particular outcome from your use of the Service. In particular, we do not guarantee any level of reach, impressions, engagement, followers, growth, ranking, conversions, revenue, or the accuracy, suitability or performance of any Content or strategy. Social media outcomes depend on factors outside our control, including Third-Party Platform algorithms and decisions.
4.4 The Service relies on third parties (including AI model providers, the Publishing Partner, hosting and storage providers, and the Third-Party Platforms themselves). Their availability, behaviour, rules and pricing can change, and parts of the Service may change, be suspended or be withdrawn as a result.
5. Connected Accounts and Third-Party Platforms — YOUR ACCOUNTS, YOUR RISK
This section is important. Please read it carefully. It sets out who is responsible when Content is published to your social media accounts.
5.1 To publish Content, you connect your own Third-Party Platform accounts to the Service, via our Publishing Partner. You authorise us and the Publishing Partner to act on your behalf to publish, schedule and manage Content on those Connected Accounts to the extent you have configured.
5.2 You remain the owner and controller of your Connected Accounts at all times. Each Third-Party Platform has its own terms of service, community guidelines, automation rules and content policies. You are solely responsible for complying with those rules. Your use of the Service does not change, override or excuse your obligations to any Third-Party Platform.
5.3 Third-Party Platforms run their own compliance, moderation and enforcement. A Third-Party Platform may, at its sole discretion and for reasons entirely outside our control, refuse, remove, restrict, shadow-ban, demonetise, throttle, suspend, disable, close or delete a post, a Connected Account, or your access. This can happen even where Content fully complies with our policies and the law.
5.4 To the fullest extent permitted by law, we are not liable for, and you accept all risk arising from: (a) any action or inaction of any Third-Party Platform, including suspension, restriction, closure or deletion of any Connected Account or post; (b) loss of reach, impressions, engagement, followers, audience, ranking, monetisation or revenue; (c) loss of, or loss of access to, any Connected Account or its content or history; (d) any breach of a Third-Party Platform's terms or policies arising from Content you generated, approved, or allowed to be published; and (e) any consequence of automated or scheduled publishing to your Connected Accounts.
5.5 You connect and publish to your Connected Accounts at your own risk. If you are not willing to accept that risk, you must not connect those accounts or use the publishing features.
6. Approval Queue and Auto-Publish — how you control risk
6.1 The Service gives you a choice for each Workspace about how Content reaches your Connected Accounts:
(a) Approval Queue. Content is generated and held for your review. Nothing is published to your Connected Accounts until you approve it. You can edit, reject or archive Content before it goes out. We recommend this mode if you want to review everything before it is published.
(b) Auto-Publish. You instruct the Service to publish generated Content to your Connected Accounts automatically, without reviewing each item first.
6.2 If you enable Auto-Publish, you do so entirely at your own risk. You acknowledge and agree that: (a) Content may be published to your Connected Accounts without any prior human review by you or by us; (b) you are fully responsible for all such Content as its author and publisher, exactly as if you had written and posted it yourself; (c) AI-generated Content may contain errors, inaccuracies, inappropriate, outdated, misleading or unintended material, and Auto-Publish means such material may be published before anyone catches it; and (d) we are not liable for any Content published via Auto-Publish, nor for any consequence of it, including any Third-Party Platform action, third-party claim, reputational, commercial or other loss.
6.3 Enabling Auto-Publish is your decision. It is off unless you switch it on, and you may switch it off at any time. By switching it on you confirm you understand and accept the risks described in this section and in section 5.
7. AI-generated Content — accuracy and your responsibility
7.1 Content is produced using AI systems. AI can be confidently wrong. It may generate statements that are inaccurate, out of date, biased, offensive, infringing, defamatory, or otherwise unsuitable, and it may misunderstand your instructions or brand.
7.2 You are responsible for reviewing Content before it is published, and for ensuring it is accurate, lawful, appropriate, and suitable for your audience and brand. Where you choose Auto-Publish, you accept that you have chosen to forgo that item-by-item review and you remain fully responsible for the Content regardless.
7.3 You must not rely on Content as legal, financial, medical, tax, regulatory or other professional advice, and you must not present it as such unless you have independently verified it and are entitled to do so.
7.4 Further detail on how the Service generates and labels AI Content, and your transparency obligations, is set out in the AI Content & Transparency Policy.
8. Ownership of Content
8.1 As between you and us, you own the Content generated for you through the Service. We do not claim ownership of your Content. Subject to you complying with these Terms and paying applicable fees, we assign to you, or confirm that you hold, all rights, title and interest in the Content produced for you, to the maximum extent we are able to grant or confirm them.
8.2 You grant us a licence — limited, worldwide, non-exclusive, royalty-free and for the duration of your use of the Service — to host, store, copy, process, transmit, adapt and display your Content, and to provide it to our Publishing Partner and your Connected Accounts, solely to operate and provide the Service to you, to provide support, to maintain security and backups, and to comply with law.
8.3 Some Content may incorporate third-party components (for example, stock or AI-generated media, music, or fonts) supplied to the Service under their own licences. Your rights in those components are subject to those underlying licences, which we will pass through or make available where required. You must not use such components beyond what those licences permit.
8.4 This section does not transfer to you any ownership of the Service itself, our software, models, prompts, systems, branding or underlying technology (see section 13).
9. Your warranties and responsibilities
9.1 You warrant and agree that: (a) you have full authority over each Connected Account you connect, and the right to authorise us and the Publishing Partner to publish to it; (b) you have all rights, licences, consents and permissions necessary for any material you provide to the Service, and for the generation and publication of Content based on it; (c) your use of the Service, and all Content you publish, will comply with all applicable laws, with the Acceptable Use Policy, and with the terms and policies of each Third-Party Platform; (d) your Content will not be unlawful, infringing, defamatory, deceptive, harassing, hateful, or otherwise prohibited under the Acceptable Use Policy; and (e) any information you give us is accurate and kept up to date.
9.2 Avatars and likeness. If you create, use, or supply any face or image reference for an Avatar, you warrant that you have the full legal right and all necessary consents and permissions to do so, and to generate and publish a synthetic likeness from it, including the consent of any identifiable individual depicted. You must not create an Avatar of any person without their authority. You are solely responsible for any Avatar you create or use, and you indemnify us in respect of it under section 12. We may require you to confirm this authority before enabling Avatar features, and your confirmation forms part of these warranties.
9.3 You are responsible for everything done through your account and Workspaces, and for all Content you generate, approve, schedule, allow to Auto-Publish, or publish.
10. Acceptable use and our moderation
10.1 You must comply with the Acceptable Use Policy at all times. It lists conduct and Content that are prohibited.
10.2 We operate compliance and moderation checks on Content within our own Platform. These checks are a safeguard, not a guarantee. They do not make us the author or publisher of your Content, they do not relieve you of your responsibilities, and they do not replace the independent compliance and moderation carried out by each Third-Party Platform. Content may pass our checks and still be refused or removed by a Third-Party Platform, or be unlawful or unsuitable, and the reverse may also occur.
10.3 We may, but are not obliged to, review, screen, refuse, hold, edit, label, or remove Content, or decline to publish it, where we reasonably believe it breaches these Terms, the Acceptable Use Policy, any law, or any Third-Party Platform's rules, or to protect the Service, us, you or others.
11. Disclaimers
11.1 The Service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all warranties, conditions and representations not expressly set out in these Terms, whether express, implied or statutory, including any implied warranties of satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement.
11.2 We do not warrant that the Service will be uninterrupted, error-free, secure, free of harmful components, or that defects will be corrected, or that any AI output, schedule, or publication will be accurate, complete, timely or fit for your purposes.
11.3 Nothing in this section limits or excludes any rights you have as a Consumer that cannot be limited or excluded by law (see section 18).
12. Limitation of liability
12.1 Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be limited or excluded. For Consumers, your statutory rights are unaffected (see section 18).
12.2 Subject to section 12.1, and to the fullest extent permitted by law, we are not liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any of the following, even if foreseeable: (a) loss of profits, revenue, business, contracts, opportunity, goodwill or reputation; (b) loss of, or loss of access to, any Connected Account, audience, followers, reach, impressions, engagement, ranking or monetisation; (c) any act, omission, decision, rule, suspension, restriction, closure or deletion by any Third-Party Platform; (d) any Content published via Auto-Publish, or any consequence of automated or scheduled publishing; (e) inaccurate, infringing, unlawful or unsuitable Content generated by AI; (f) any third-party claim arising from your Content or your use of the Service; (g) any data, content or configuration loss, save where caused by our failure to take reasonable care; and (h) any indirect, special, incidental or consequential loss.
12.3 Subject to sections 12.1 and 18, our total aggregate liability to you arising out of or in connection with the Service and these Terms in any 12-month period will not exceed the greater of (a) the total fees you paid to us for the Service in the 12 months immediately before the event giving rise to the liability, and (b) £100.
12.4 You acknowledge that the fees reflect the allocation of risk in these Terms, and that these limits are reasonable given that you control your Connected Accounts, your publishing mode, and the review of your Content.
13. Our intellectual property
13.1 We and our licensors own all rights in the Service, including its software, models, prompt systems, algorithms, designs, user interfaces, documentation, and the ZARZOOM name, logos and branding. Nothing in these Terms transfers any of those rights to you. You receive only a limited, non-exclusive, non-transferable right to use the Service during your subscription, in accordance with these Terms.
13.2 You must not copy, modify, reverse engineer, scrape, resell, or create derivative works from the Service or its underlying technology, except to the limited extent the law does not allow that restriction.
13.3 If you give us feedback or suggestions, we may use them without restriction or obligation to you.
14. Fees, subscriptions and billing
14.1 Access to paid features requires a subscription. Pricing, plans, currencies, billing cycles, trials, auto-renewal, cancellation and refunds are set out in the Subscription & Billing Terms, which form part of these Terms. Billing may be on a per-Workspace basis.
14.2 You authorise us and our payment processor to charge your chosen payment method for all applicable fees. Where you start a trial requiring a card on file, you do so on the terms set out in the Subscription & Billing Terms, and any trial is at your own risk in the same way as paid use.
15. Suspension and termination
15.1 You may stop using the Service and cancel in accordance with the Subscription & Billing Terms.
15.2 We may suspend or terminate your access (in whole or part, including a Workspace) immediately where we reasonably believe you have breached these Terms or the Acceptable Use Policy, where required by law or a Third-Party Platform, where necessary to protect the Service or others, or for non-payment.
15.3 On termination, your right to use the Service ends. We may delete your Content and data after a reasonable period in accordance with the Privacy Policy and applicable law, except where we must retain it. Sections that by their nature should survive termination (including ownership, warranties, indemnity, liability, and governing law) survive.
16. Indemnity
16.1 To the fullest extent permitted by law, you agree to indemnify and hold us harmless from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: your Content; your use of the Service; any breach by you of these Terms, the Acceptable Use Policy, any law, or any Third-Party Platform's terms; your Connected Accounts; any Avatar or likeness you create or use; and any third-party claim relating to any of these.
16.2 If you are a Consumer, this indemnity applies only to the extent your liability arises from your own breach or wrongful act and only to the extent permitted by law; it does not require you to cover losses for which you are not legally responsible.
17. Changes to the Service and these Terms
17.1 We may update these Terms from time to time. Where changes are material, we will give reasonable notice (for example, by email or in-product notice) before they take effect. For Consumers, where a change is to your material disadvantage, you may end your subscription before it takes effect in accordance with the Subscription & Billing Terms.
17.2 Continued use of the Service after changes take effect means you accept the updated Terms.
18. Consumers — your statutory rights
18.1 If you are a Consumer, you have legal rights that cannot be excluded or limited by contract, including rights relating to services performed with reasonable care and skill and matching their description. Nothing in these Terms affects those statutory rights.
18.2 Where these Terms would otherwise limit a right you have as a Consumer under the mandatory law of your country of residence, that mandatory law prevails to the extent it applies to you, and the rest of these Terms continues to apply.
19. Governing law and jurisdiction
19.1 These Terms, and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes), are governed by the law of the Governing Jurisdiction stated in the Key Details, and the courts of that jurisdiction have exclusive jurisdiction.
19.2 If you are a Consumer resident outside the Governing Jurisdiction, you may also benefit from any mandatory protections and the right to bring proceedings under the law of your country of residence, and nothing in this section removes protections that the law of your country of residence gives you and that cannot be removed by agreement.
20. Language
20.1 The authoritative version of these Terms is the English version. We may provide translations for your convenience only.
20.2 In the event of any conflict, inconsistency, ambiguity, or question of interpretation between the English version and any translation, the English version prevails. Translations are provided to help you understand these Terms and do not create a separate agreement.
21. General
21.1 Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and us about the Service and replace any prior agreement on that subject.
21.2 Severability. If any provision is found unenforceable, the rest continues in force, and the unenforceable provision is to be modified to the minimum extent needed to make it enforceable.
21.3 No waiver. A failure to enforce a provision is not a waiver of it.
21.4 Assignment. You may not assign or transfer your rights or obligations without our consent. We may assign these Terms to an affiliate or in connection with a reorganisation, merger or sale, provided your rights are not materially reduced.
21.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including failures of Third-Party Platforms, AI providers, payment processors, hosting providers, or the Publishing Partner.
21.6 Notices. We may give you notices by email or in-product. You may send legal notices to us at the contact in the Key Details.
21.7 No third-party rights. Except as expressly stated, no one other than you and us has any right to enforce these Terms.
End of Terms of Service.