Last Updated JULY 2023

It’s important that you review and understand these terms before using our platform and services. If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services.

We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms.

Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND EZZEY.IO AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “EZZEY.IO,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH EZZEY.IO RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

EZZEY.IO reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

You have to be at least 18 years old to use our platform and services.

Use of Platform

Age Restrictions. 

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

Platform Account Ownership. 

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

Intended Use. 

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to EZZEY.IO, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider.

Privacy. 

By using the Platform and providing Information on or through the Platform, you consent to EZZEY.IO’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that EZZEY.IO has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by EZZEY.IO. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

Login Credentials. 

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify EZZEY.IO immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. EZZEY.IO reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in EZZEY.IO’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

Resale MAP Policy

Policy Statement. 

EZZEY.IO, in its sole discretion, reserves the right to discontinue doing business with any reseller that advertises any product(s) covered by this Minimum Advertised Price (MAP) Policy at a price lower than the MAP.

General Guidelines. 

The products covered by this policy are listed in the EZZEY.IO Platform. EZZEY.IO may in its sole discretion modify this list from time to time. EZZEY.IO recognizes that our resellers are free to make their own decisions to advertise, promote, and sell any EZZEY.IO product at any price they choose, without consulting or advising EZZEY.IO. Similarly, EZZEY.IO will exercise its right to make its own decisions regarding the EZZEY.IO MAP Policy, how to enforce it, and which resellers to do business with.

MAP applies. 

The MAP policy applies to advertised prices, not the price at which the products are actually sold or offered for sale to an individual in-store or over the telephone.

Bundling Guidelines. 

Bundling or the inclusion in advertising of free or discounted products with a product covered by the MAP policy would be contrary to the policy if it has the effect of discounting the advertised price of the covered product below the MAP.

Promotion Guidelines.

From time to time, EZZEY.IO may permit resellers to advertise MAP Products at prices lower than the MAP retail price. In such events, EZZEY.IO reserves the right to modify or suspend the MAP retail price with respect to the affected products for a specified period of time by providing advance notice to all resellers of such changes.

Policy Enforcement. 

If a dealer with multiple store locations violates this MAP Policy at any one store location, or on any associated website, then EZZEY.IO will consider this to be a violation by the dealer. EZZEY.IO reserves the right to cancel any pending orders, restrict future orders, or suspend dealers' account if EZZEY.IO reasonably believes a dealer has violated the provisions of this policy.

Prohibited Uses

You agree not to use the Platform:

Illegal Activities. 

For any unlawful purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.

Harmful Activities. 

To post, transmit, or otherwise make available, through or in connection with the Platform: Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory or libelous; (c) fraudulent or otherwise tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.

Interference with Operation. 

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.

Data Mining. 

To use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without EZZEY.IO's express prior written consent.

Disabling Security Features. 

To disable, circumvent, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform.

Infringement. 

To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

Malicious Code. 

To transmit, or procure the sending of, any harmful, disruptive, or destructive code, program, or other internal component (e.g., computer viruses, worms, Trojan horses, etc.).

Misrepresentation. 

To impersonate or attempt to impersonate EZZEY.IO, an EZZEY.IO employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Overburdening Resources. 

To use any device, software or routine that interferes with the proper working of the Platform, or otherwise attempt to interfere with the proper working of the Platform. To make any use of the Platform that we deem in our sole discretion to be inappropriate for any reason or in violation of these Terms.

Payment

Fees. 

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable and all amounts paid are nonrefundable.

Billing Information. 

You must provide EZZEY.IO with valid credit card (Visa, MasterCard, or any other issuer accepted by us) as a condition to signing up for the Platform. Your payment provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing EZZEY.IO with your credit card number and associated payment information, you agree that EZZEY.IO is authorized to immediately invoice your account for all fees and charges due and payable to EZZEY.IO hereunder and that no additional notice or consent is required.

Taxes. 

EZZEY.IO's fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to EZZEY.IO, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify EZZEY.IO for any liability or expense we may incur in connection with such Sales Taxes.

Late Payments. 

Your account will be considered delinquent (in arrears) if payment in full is not received by the billing due date. You agree to pay all reasonable attorney fees and collection costs incurred by EZZEY.IO to collect any past due amounts. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.

Price Changes. 

EZZEY.IO reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by email.

Intellectual Property Rights

Ownership. 

All right, title, and interest in and to the Platform (excluding content provided by users) are and will remain the exclusive property of EZZEY.IO and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the EZZEY.IO name or any of the EZZEY.IO trademarks, logos, domain names, and other distinctive brand features.

License Grant. 

Subject to your compliance with these Terms, EZZEY.IO grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display, and print the content solely in connection with your permitted use of the Platform and solely for your personal and non-commercial purposes.

User Content. 

You retain all of your ownership rights in your content. However, by uploading or entering any content onto the Platform, you hereby grant EZZEY.IO a non-exclusive, royalty-free, worldwide license to use, copy, display, perform, distribute, translate, and edit your content for the purpose of operating and providing the Platform and associated services.

Feedback. 

You have no obligation to provide us with ideas, suggestions, or proposals (“Feedback”). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

User Content and Conduct

User Content. 

The Platform may contain features that allow you and other users to make available certain content and materials, including, without limitation, text, images, and documents (collectively, "User Content") on or through the Platform. Your User Content remains your property. However, by providing User Content to EZZEY.IO, you grant EZZEY.IO a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Platform and EZZEY.IO's business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.

User Conduct. 

You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

Enforcement. 

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the User Conduct rules or any other provision of these Terms or otherwise create liability for us or any other person.

Third-Party Links and Services

Third-Party Links. 

The Platform may contain links to third-party websites or resources. You acknowledge and agree that EZZEY.IO is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EZZEY.IO of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Third-Party Services. 

The Platform may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties (companies or people who aren’t EZZEY.IO) ("Third Party Apps and Services"). Many of our services also help you find Third Party Apps and Services, and you understand that you are directing our services to provide Third Party Apps and Services to you. The Third Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third Party Apps and Services. The Third Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. EZZEY.IO does not license any intellectual property to you as part of any Third Party Apps and Services and is not responsible or liable to you or others for information or services provided by any Third Party Apps and Services.

Termination

By EZZEY.IO. 

EZZEY.IO may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately.

By You. 

You may terminate your Account at any time by contacting us at [email protected]. Please note that terminating your Account will not automatically delete the User Content that you have submitted to the Platform, and your User Content may continue to exist on the Platform. To request the deletion of your User Content, please follow the process set out in our Privacy Policy.

Effect of Termination. 

Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. EZZEY.IO will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.

Survival. 

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Disclaimer of Warranties

As Is. 

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZZEY.IO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Warranty. 

EZZEY.IO DOES NOT WARRANT THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.

Content. 

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

No Advice or Information. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EZZEY.IO OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.