Terms of Service

These Terms of Service (“Terms”) govern access to and use of the websites, software, applications, Shopify apps, APIs, integrations, automations, beta products, documentation, support, consulting, custom-development services, and related services provided by Zapstra LLC (“Zapstra,” “we,” “us,” or “our”).

By accessing or using the Services, creating an account, installing a Zapstra app, connecting a Shopify store, using an API, accepting an order form, joining a beta program, participating in a design-partner program, or otherwise using Zapstra, you agree to these Terms on behalf of yourself and the business or organization you represent (“Customer,” “you,” or “your”).

If you do not agree to these Terms, do not use the Services.

1. Definitions

“Services” means Zapstra’s websites, software, applications, Shopify apps, APIs, integrations, automations, hosted services, dashboards, documentation, beta products, early-access products, support, consulting, custom development, implementation, and related offerings.

“Apps” means Zapstra software applications, including Shopify apps, embedded apps, web apps, mobile apps, custom apps, private apps, beta apps, and related modules.

“Customer Data” means data, content, files, records, store information, product information, inventory information, order information, fulfillment information, supplier information, customer information, business information, logs, exports, screenshots, or other information submitted to, processed by, or made available to Zapstra through the Services.

“Merchant Data” means Customer Data relating to a Shopify merchant, store, staff account, customer, order, product, inventory item, fulfillment, supplier, purchase order, demand forecast, or related ecommerce operation.

“Beta Services” means alpha, beta, pre-beta, preview, pilot, design-partner, experimental, evaluation, early-access, unreleased, or limited-release Services.

“Order Form” means any online checkout, Shopify billing approval, invoice, quote, statement of work, subscription selection, email confirmation, or other written agreement identifying paid Services, fees, scope, or commercial terms.

“Documentation” means Zapstra’s user guides, technical documentation, API documentation, support materials, policies, instructions, or other materials.

2. Business Use; Authority

The Services are intended for business use only and are not intended for personal, household, or consumer use.

By using the Services, you represent and warrant that:

1. you are at least 18 years old;
2. you are using the Services on behalf of a business or organization;
3. you have authority to bind that business or organization to these Terms;
4. all account, billing, store, and contact information you provide is accurate and complete;
5. you will keep account information current; and
6. your use of the Services complies with applicable laws, platform rules, and third-party terms.

If you are using the Services for an organization, that organization is responsible for your use and for the use of anyone who accesses the Services under its account, store, API key, credentials, or authorization.

3. Accounts, Access, and Security

You may need to create an account, install an app, authorize a Shopify connection, approve permissions, create API keys, or provide credentials to use certain Services.

You are responsible for:

1. maintaining the confidentiality of login credentials, API keys, tokens, and access permissions;
2. all activity under your account, store, app installation, API key, or credentials;
3. ensuring that only authorized users access the Services;
4. promptly revoking access for users who no longer need it;
5. configuring appropriate Shopify and third-party permissions;
6. monitoring your workflows, automations, and integrations; and
7. notifying Zapstra promptly of unauthorized access, security incidents, or suspected misuse.

Zapstra is not responsible for losses caused by your failure to secure accounts, credentials, devices, third-party accounts, API keys, tokens, or permissions.

4. Shopify and Third-Party Platforms

The Services may integrate with Shopify and other third-party platforms, services, APIs, apps, payment processors, hosting providers, communication tools, analytics tools, AI-assisted tools, or infrastructure providers.

Your use of third-party platforms is subject to the terms, policies, fees, limits, permissions, and availability of those third parties. Zapstra does not control and is not responsible for third-party platforms, third-party APIs, third-party outages, third-party latency, third-party data processing, third-party fees, third-party permissions, third-party policy changes, third-party acts or omissions, or third-party security incidents.

You are responsible for maintaining any required Shopify account, store, third-party accounts, API permissions, billing approvals, and authorizations.

Zapstra may modify, suspend, or discontinue functionality if required by Shopify or another third-party platform, if an API changes, if a platform policy changes, if access is revoked, if technical limitations arise, or if continued support becomes commercially or technically impractical.

5. License to Use the Services

Subject to these Terms, any applicable Order Form, and your compliance with all payment and usage obligations, Zapstra grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the applicable Services for your internal business operations.

You may not:

1. copy, reproduce, modify, resell, rent, lease, sublicense, distribute, or commercially exploit the Services except as expressly permitted;
2. reverse engineer, decompile, disassemble, or attempt to derive source code or underlying models;
3. bypass technical limits, security controls, rate limits, billing controls, or usage restrictions;
4. access the Services to build, benchmark, train, or improve a competing product or service;
5. scrape, crawl, harvest, or bulk export data except through authorized functionality;
6. interfere with or disrupt the Services;
7. attempt unauthorized access to Zapstra systems, accounts, data, APIs, or infrastructure;
8. use the Services for unlawful, fraudulent, deceptive, harmful, infringing, or abusive activity;
9. upload malicious code, malware, or harmful instructions;
10. share accounts, credentials, API keys, or tokens with unauthorized parties;
11. misrepresent outputs from the Services;
12. remove proprietary notices; or
13. use the Services in violation of applicable law, Shopify terms, third-party terms, or these Terms.

6. Customer Data

As between you and Zapstra, you retain ownership of Customer Data.

You grant Zapstra a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, reproduce, analyze, modify, and otherwise use Customer Data as necessary to:

1. provide, operate, support, and improve the Services;
2. authenticate users and accounts;
3. connect with Shopify and third-party services;
4. run workflows, automations, forecasts, recommendations, integrations, and APIs;
5. provide support, troubleshooting, implementation, onboarding, training, and debugging;
6. monitor performance, usage, security, and reliability;
7. detect, prevent, and investigate fraud, abuse, errors, and security incidents;
8. comply with legal obligations and enforce these Terms; and
9. create aggregated, anonymized, or de-identified data that does not reasonably identify you, your customers, or your store.

You represent and warrant that you have all rights, notices, permissions, consents, and legal bases necessary to provide Customer Data to Zapstra and permit Zapstra to process it as described in these Terms and the Privacy Policy.

You are responsible for the accuracy, quality, legality, reliability, and appropriateness of Customer Data.

7. Personal Data; Merchant and Customer Responsibilities

Zapstra may process personal information, including Merchant Data and information relating to your customers, staff, suppliers, or business contacts, as described in the Privacy Policy.

Depending on the context and applicable law, Zapstra may act as a service provider, processor, subprocessor, contractor, or independent controller with respect to certain personal information. For data Zapstra processes on your behalf to provide the Services, you are responsible for:

1. providing legally required notices to your customers, staff, suppliers, and other individuals;
2. obtaining legally required consents;
3. honoring privacy rights requests;
4. configuring Shopify and other platform privacy settings;
5. ensuring your use of the Services complies with applicable privacy, data protection, consumer protection, marketing, and ecommerce laws; and
6. ensuring Customer Data may lawfully be provided to and processed by Zapstra.

Zapstra may assist with applicable privacy or platform data requests where required or reasonably feasible, including through Shopify-provided compliance mechanisms.

8. Forecasts, Recommendations, Automations, and Operational Outputs

Some Services, including inventory, purchasing, planning, automation, AI-assisted, or forecasting features, may generate forecasts, reorder points, purchase plans, alerts, recommendations, classifications, calculations, or other operational outputs.

These outputs are estimates and decision-support tools only. They may be incomplete, inaccurate, outdated, delayed, or based on incomplete or incorrect Customer Data.

You are solely responsible for reviewing, validating, approving, and supervising any outputs before relying on them or using them to make business decisions.

Zapstra is not responsible for purchasing decisions, inventory decisions, stockouts, overstock, supplier issues, fulfillment issues, order errors, pricing decisions, customer communications, financial results, lost sales, operational interruptions, or other business outcomes resulting from your use of forecasts, recommendations, automations, or outputs.

You should not rely on the Services as your sole system of record, sole operational control, sole backup, or sole business-continuity process unless Zapstra expressly agrees otherwise in writing.

9. APIs, Webhooks, and Developer Features

If Zapstra provides APIs, webhooks, developer tools, integration tools, or technical interfaces, you must use them in accordance with Documentation, rate limits, authentication requirements, security requirements, and any applicable Order Form.

Zapstra may monitor API usage, suspend API access, rotate credentials, revoke tokens, impose rate limits, require security changes, modify endpoints, deprecate functionality, or discontinue APIs where necessary for security, reliability, compliance, platform compatibility, commercial reasons, or product evolution.

You are responsible for your systems, integrations, endpoints, webhook receivers, API calls, data flows, authentication, and error handling.

Zapstra is not responsible for losses caused by your failure to handle retries, latency, rate limits, duplicate events, missing events, malformed payloads, API changes, third-party outages, or webhook failures.

10. Beta, Early-Access, Pilot, and Experimental Services

Zapstra may offer Beta Services, including alpha, beta, pre-beta, preview, pilot, design-partner, early-access, unreleased, or experimental features.

Beta Services may be incomplete, unstable, unsupported, unavailable, inaccurate, insecure, or subject to change. They may contain bugs, workflow interruptions, incorrect outputs, data-processing errors, missing safeguards, integration failures, latency issues, or other problems.

You use Beta Services at your own risk, including if you use them in production.

Zapstra may modify, pause, suspend, revoke, discontinue, or never commercially release any Beta Service at any time. Zapstra has no obligation to maintain Beta Services, preserve functionality, provide support, migrate data, or continue access.

Zapstra may make commercially reasonable efforts to investigate or correct issues, but is not obligated to restore data, recreate orders, reverse transactions, correct inventory, reimburse losses, perform custom recovery work, or provide any particular fix.

Additional terms may apply to specific beta, pilot, early-access, or design-partner programs.

11. Design Partner Program

Participation in any Zapstra design-partner program is subject to the applicable Design Partner Program Terms.

If there is a conflict between these Terms and the Design Partner Program Terms, the Design Partner Program Terms control only for matters relating to that program.

Submitting ideas, pain points, workflows, suggestions, feature requests, or feedback through a design-partner program does not create ownership, compensation, royalty, equity, revenue share, attribution, exclusivity, custom-development rights, or guaranteed access.

12. Feedback and Submissions

If you provide ideas, suggestions, pain points, workflows, feature requests, bug reports, comments, notes, screenshots, diagrams, examples, sample data, or other feedback about Zapstra or the Services (“Feedback”), you grant Zapstra a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free, fully paid-up license to use, reproduce, modify, adapt, publish, create derivative works from, commercialize, and otherwise exploit the Feedback for any purpose without compensation, attribution, approval, restriction, or obligation.

Zapstra may use Feedback to develop, improve, commercialize, market, license, or distribute products, services, features, workflows, software, documentation, and other materials.

Zapstra owns all products, features, software, workflows, documentation, designs, inventions, improvements, processes, methods, and materials it creates, including those based on or inspired by Feedback.

13. Zapstra Intellectual Property

Zapstra and its licensors own all rights, title, and interest in and to the Services, including software, source code, object code, APIs, workflows, algorithms, models, interfaces, designs, trademarks, logos, documentation, content, templates, processes, inventions, improvements, know-how, and related intellectual property.

Except for the limited license expressly granted in these Terms, no rights are transferred to you.

You may not use Zapstra’s names, logos, trademarks, branding, screenshots, or marketing materials without Zapstra’s prior written approval.

14. Custom Services, Consulting, and Development

Zapstra may provide consulting, implementation, configuration, integration, custom-development, or other professional services under an Order Form or statement of work.

Unless a signed Order Form expressly states otherwise:

1. Zapstra owns all pre-existing materials, reusable code, templates, frameworks, libraries, tools, processes, methods, know-how, generic components, and improvements;
2. Zapstra may reuse skills, knowledge, experience, ideas, tools, templates, workflows, code, and generalized learnings developed through custom services;
3. you own your Customer Data and materials you owned before providing them to Zapstra;
4. Zapstra grants you a limited license to use deliverables created specifically for you for your internal business operations after all applicable fees are paid; and
5. custom services do not include ongoing support, maintenance, hosting, monitoring, security updates, migration, or enhancements unless expressly stated in an Order Form.

Zapstra may rely on your instructions, materials, access, approvals, feedback, and timely cooperation. Delays or failures by you may affect scope, fees, timelines, and delivery.

Any timelines, estimates, milestones, or delivery dates are estimates unless expressly stated as binding in a signed Order Form.

15. Fees, Billing, Taxes, and Payment

Fees and billing terms will be stated in the applicable Order Form, subscription page, Shopify billing approval, invoice, quote, or checkout flow.

Payments may be processed through Shopify, Stripe, invoice, bank transfer, or other payment processors. Third-party payment processors may have their own terms and privacy policies.

Unless otherwise stated:

1. fees are due when billed;
2. fees are non-refundable;
3. subscriptions renew automatically until canceled;
4. usage-based fees may be billed in arrears;
5. custom-service fees may require deposits, milestone payments, or upfront payment;
6. late payments may result in suspension or termination;
7. you are responsible for taxes, duties, levies, and similar governmental charges; and
8. Zapstra may change fees for future billing periods by providing reasonable notice.

If billing occurs through Shopify, Shopify’s billing terms and platform rules may also apply.

16. Free Trials, No-Charge Access, and Promotional Offers

Zapstra may offer free trials, beta access, no-charge access, promotional pricing, credits, discounts, or other offers.

Zapstra may modify, limit, suspend, or terminate free or no-charge access at any time unless expressly agreed otherwise in writing.

Free trials and no-charge access are provided “as is” and may be subject to usage limits, eligibility limits, support limits, duration limits, technical limits, or other restrictions.

Zapstra may require payment information before or after a free trial. If you continue using paid Services after a trial ends, applicable fees may apply.

17. Support and Maintenance

Zapstra may provide support through email, documentation, in-app support, chat, calls, or other channels, depending on the applicable Services and plan.

Unless expressly agreed in an Order Form, Zapstra does not guarantee support response times, resolution times, uptime, maintenance windows, data recovery, custom troubleshooting, or availability of any particular support channel.

Zapstra may perform maintenance, updates, security changes, migrations, or modifications that temporarily affect availability or functionality.

18. Support Access and Administrative Access

If you grant Zapstra access to your Shopify admin, store, account, systems, data, third-party services, or other administrative tools for support, debugging, onboarding, implementation, troubleshooting, or training, you authorize Zapstra to use that access for the requested purpose.

You are responsible for granting appropriate permissions and for revoking access when it is no longer needed.

Zapstra may decline, limit, or require additional authorization before using administrative access. Zapstra is not required to accept or maintain administrative access.

19. Recordings, Screenshots, Logs, and Exports

Zapstra may receive screenshots, logs, exports, files, recordings, transcripts, or other materials from you in connection with support, onboarding, implementation, beta testing, design-partner participation, troubleshooting, or product feedback.

Zapstra may use those materials to provide support, troubleshoot, debug, train internal personnel, improve Services, document issues, and develop products, subject to the Privacy Policy and any applicable confidentiality obligations.

Zapstra will not publicly use materials that reasonably identify you, your store, or your customers without appropriate permission.

Calls are not recorded by default unless disclosed. If a call is recorded, Zapstra may use the recording or transcript for support, training, implementation, documentation, troubleshooting, internal review, and product-development purposes unless otherwise agreed in writing.

20. Confidentiality

Either party may receive non-public information from the other party that a reasonable person would understand to be confidential (“Confidential Information”).

Your Confidential Information includes non-public Customer Data, non-public Merchant Data, private business information, non-public operational details, and non-public financial information.

Zapstra’s Confidential Information includes non-public product plans, pre-release features, roadmap information, technical details, security information, pricing plans, beta details, designs, workflows, and business information.

Confidential Information does not include information that:

1. is public through no breach of these Terms;
2. was already known without confidentiality restriction;
3. is independently developed without use of the disclosing party’s Confidential Information;
4. is lawfully received from another source without confidentiality restriction;
5. is aggregated, anonymized, or de-identified so it does not reasonably identify the disclosing party or its customers; or
6. consists of general skills, knowledge, ideas, concepts, methods, or learnings retained in unaided memory.

Each party will use reasonable care to protect the other party’s Confidential Information and will use it only for purposes related to the Services.

Zapstra may disclose Confidential Information to employees, contractors, advisors, service providers, subprocessors, hosting providers, analytics providers, AI-assisted tools, payment processors, communication providers, legal advisors, accountants, and other vendors who need access for permitted purposes and are subject to appropriate confidentiality or use restrictions.

Confidentiality obligations apply for 3 years from disclosure. Trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

21. Publicity, Testimonials, and Case Studies

Zapstra will not publicly use your name, logo, trademark, testimonial, quote, or case study without your separate approval.

You may not publicly use Zapstra’s name, logo, trademark, screenshots, unreleased product details, beta details, roadmap information, performance claims, or confidential materials without Zapstra’s prior written approval.

If Zapstra uses a testimonial, endorsement, quote, case study, review, or performance claim from a customer who received free access, discounted access, early access, beta access, or other benefits, Zapstra may disclose that relationship.

Zapstra may use aggregated, anonymized, or de-identified metrics and examples that do not reasonably identify you, your store, or your customers.

22. Privacy

Zapstra’s collection, use, sharing, and retention of personal information are described in the Privacy Policy.

By using the Services, you acknowledge Zapstra’s Privacy Policy and authorize Zapstra to process information as described in these Terms and the Privacy Policy.

23. Suspension and Termination

You may stop using the Services at any time. Subscription cancellation procedures may depend on the applicable billing method, including Shopify billing, Stripe, invoice, or another payment method.

Zapstra may suspend or terminate your access to some or all Services if:

1. you violate these Terms;
2. payment is overdue;
3. your use creates security, legal, technical, operational, platform, or commercial risk;
4. your use burdens, harms, or disrupts the Services;
5. you misuse the Services;
6. you violate third-party terms;
7. you provide inaccurate information;
8. required third-party access is revoked;
9. Zapstra is required to do so by law, Shopify, another platform, or a service provider;
10. a Service is discontinued; or
11. Zapstra otherwise determines suspension or termination is appropriate.

Upon termination, your license to use the Services ends, and you must stop using the Services.

Termination does not relieve you of payment obligations incurred before termination.

Sections relating to Customer Data, Feedback, intellectual property, confidentiality, payment, disclaimers, limitations of liability, indemnification, dispute resolution, and any provisions that by their nature should survive will survive termination.

24. Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPSTRA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, RELIABILITY, ERROR-FREE OPERATION, UNINTERRUPTED OPERATION, DATA INTEGRITY, AND RESULTS.

ZAPSTRA DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE SECURE, BE ERROR-FREE, PREVENT DATA LOSS, PREVENT OPERATIONAL ERRORS, PRODUCE ACCURATE FORECASTS, GENERATE CORRECT RECOMMENDATIONS, OR BE AVAILABLE AT ANY PARTICULAR TIME.

NO ADVICE OR INFORMATION PROVIDED BY ZAPSTRA CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPSTRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOST PROFITS; LOST REVENUE; LOST SALES; LOST BUSINESS OPPORTUNITY; LOST GOODWILL; LOST DATA; DATA CORRUPTION; ORDER ERRORS; INVENTORY ERRORS; FORECASTING ERRORS; PURCHASE PLANNING ERRORS; SUPPLIER ISSUES; CUSTOMER CLAIMS; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR COST OF DATA RESTORATION ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ZAPSTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPSTRA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNTS YOU PAID TO ZAPSTRA FOR THE APPLICABLE SERVICE DURING THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
2. $100.

THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, AND OTHERWISE.

Some jurisdictions do not allow certain liability limitations, so some limitations may not apply to you.

26. Indemnification

You will defend, indemnify, and hold harmless Zapstra, its affiliates, owners, officers, employees, contractors, service providers, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

1. your use or misuse of the Services;
2. Customer Data;
3. your products, services, business operations, stores, customers, suppliers, orders, inventory, or workflows;
4. your violation of these Terms;
5. your violation of law or third-party rights;
6. your violation of Shopify or other third-party terms;
7. your instructions, configurations, automations, permissions, or integrations;
8. your Feedback or submissions;
9. your unauthorized disclosure of Zapstra Confidential Information;
10. your lack of authority to bind your organization; or
11. claims by your customers, suppliers, employees, contractors, users, or partners.

27. Export, Sanctions, and Compliance

You may not use the Services in violation of export control, sanctions, anti-corruption, anti-money-laundering, or other applicable laws.

You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government restricted-party list.

28. Changes to the Services or Terms

Zapstra may modify, update, suspend, or discontinue any part of the Services at any time.

Zapstra may update these Terms from time to time. If changes are material, Zapstra may provide notice by posting updated Terms, emailing you, displaying notice in the Services, or using another reasonable method.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

29. Dispute Resolution; Arbitration; Class Action Waiver

The parties will first attempt to resolve disputes informally. Before filing arbitration or a court action, the party asserting a dispute must send written notice describing the dispute, requested relief, and supporting facts. The parties will attempt in good faith to resolve the dispute for at least 30 days after notice is received.

Except for claims that may be brought in small claims court, claims seeking injunctive or equitable relief, claims involving intellectual property rights, claims involving unauthorized access or misuse, or claims that cannot be arbitrated as a matter of law, any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration.

The arbitration will be conducted in Greenville County, South Carolina, unless the parties agree otherwise. The arbitration will be conducted by a single arbitrator under the rules of a recognized arbitration provider selected by Zapstra, unless the parties agree otherwise. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. South Carolina law applies to the extent not preempted by federal law.

The parties agree that arbitration will be conducted only on an individual basis. The parties waive any right to bring, participate in, or recover through any class action, class arbitration, collective action, private attorney general action, or representative action.

If a court or arbitrator determines that the class action waiver is unenforceable as to a particular claim, then that claim must proceed in court and not in arbitration.

For any claim not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in South Carolina, unless a different venue is required by law.

30. Governing Law

These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules, except to the extent federal law applies.

31. Notices

Zapstra may provide notices by email, in-app notice, website posting, account notice, or other reasonable means.

You may send legal notices to:

32. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without Zapstra’s prior written approval.

Zapstra may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.

33. Force Majeure

Zapstra is not liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, hosting outages, cloud provider failures, third-party platform failures, cyberattacks, government action, power failures, supply-chain disruptions, or other events beyond Zapstra’s reasonable control.

34. Miscellaneous

These Terms, together with the Privacy Policy, applicable Order Forms, Design Partner Program Terms, beta terms, and any other written terms incorporated by reference, constitute the entire agreement between you and Zapstra regarding the Services.

If any provision is unenforceable, the remaining provisions remain in effect.

Zapstra’s failure to enforce a provision is not a waiver.

Headings are for convenience only.

No agency, partnership, joint venture, employment, franchise, or fiduciary relationship is created by these Terms.

Data Processing Addendum

Where Zapstra processes personal data on behalf of a customer, such processing is governed by Zapstra’s Data Processing Addendum.

35. Contact

Questions about these Terms may be sent to: