1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the GrabZilla.com website, applications, software, and services (collectively, the “Platform” or “Services”) provided by Lygosoft, LLC, a Delaware corporation with offices at 1900 Camden Ave, San Jose, CA 95124 (“GrabZilla”, “we”, “us”, or “our”).
By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Platform.
2. Eligibility
You must be at least 18 years old to use our Platform. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Account Registration
To access certain features of our Platform, you may be required to register for an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Maintain the security and confidentiality of your password and login credentials.
- Notify us immediately of any unauthorized use of your account.
- Be responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or incomplete.
4. Use of Our Services
Permitted Use
You may use our Platform only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Platform in any way that violates any applicable federal, state, local, or international law.
- Attempt to gain unauthorized access to any portion of the Platform.
- Interfere with or disrupt the Platform or servers.
- Reverse engineer, decompile, or disassemble any software used in connection with the Platform.
- Use any robot, spider, or other automatic device to access the Platform.
- Transmit any viruses, malware, or other harmful code.
- Impersonate any person or entity.
- Use the Platform to send unsolicited commercial communications.
Service Availability
We strive to keep our Platform available and functioning, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, updates, or modifications that may temporarily affect availability.
5. Fees and Payments
Some features of our Platform may require payment of fees. By subscribing to paid Services, you agree to pay all applicable fees as described.
- Fees: all fees are stated in U.S. dollars unless otherwise indicated.
- Billing: we may bill through an online account or directly via invoice.
- Payment information: you authorize us to charge your provided payment method.
- Taxes: you are responsible for all applicable taxes.
- Refunds: fees are non-refundable except as expressly provided or required by law.
We reserve the right to change our fees upon reasonable notice.
6. Intellectual Property Rights
Our Content
The Platform and its entire contents, features, and functionality (including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software) are owned by Lygosoft, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Platform for your internal business or personal purposes in accordance with these Terms.
Your Content
You retain ownership of any content you submit, post, or display on or through the Platform. By submitting content, you grant GrabZilla a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing and improving our Services.
7. Privacy
Your use of our Platform is also governed by our Privacy Notice, which is incorporated into these Terms by reference. Please review our Privacy Notice to understand our practices regarding personal information.
8. Third-Party Links and Services
Our Platform may contain links to third-party websites or services that are not owned or controlled by GrabZilla. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
9. Disclaimer of Warranties
Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, GrabZilla disclaims all warranties of any kind, whether express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- Warranties that the Platform will be uninterrupted, secure, or error-free.
- Warranties regarding the accuracy, reliability, or completeness of any information provided through the Platform.
10. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall GrabZilla, its affiliates, officers, directors, employees, or agents be liable for:
- Any indirect, incidental, special, consequential, or punitive damages.
- Any loss of profits, revenue, data, or business opportunity.
- Any damages relating to your inability to use the Platform.
This applies to claims arising out of or relating to these Terms or your use of the Platform, even if advised of the possibility of such damages.
11. Indemnification
You agree to defend, indemnify, and hold harmless GrabZilla, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Platform in violation of these Terms.
- Your violation of any applicable law or third-party rights.
- Any content you submit through the Platform.
12. Termination
We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Platform will immediately cease. Provisions that by their nature should survive termination shall survive (including ownership provisions, warranty disclaimers, indemnity, and limitations of liability).
13. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. However, because our office is located in California, certain consumer protections under California law may also apply.
Dispute Resolution
Any dispute arising out of or relating to these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Santa Clara County, California. Judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Waiver
No waiver by GrabZilla of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and GrabZilla's failure to assert a right or provision shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms, together with our Privacy Notice, constitute the entire agreement between you and GrabZilla regarding your use of the Platform and supersede all prior agreements and understandings.
17. Changes to These Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the Platform or via email. Your continued use of the Platform after the effective date constitutes your acceptance of the modified Terms.
18. Contact Information
For questions about these Terms, please contact us at:
Lygosoft, LLC1900 Camden Ave
San Jose, CA 95124
legal@grabzilla.com