Terms of Service
Last updated January 27, 2025
By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree, you must discontinue use immediately.
We are Zebra B Ltd, doing business as Zebra EM, a company registered in the United Kingdom at 21 Silver Street, Ottery St Mary, Devon EX11 1DB. VAT number: GB394739737.
We operate the website zebra-em.com, the mobile application Zebra EM Software Services, and any other related products and services that refer to these Legal Terms (collectively, the "Services").
You can contact us by phone at (+44) 3300 560 850, by email at David@zebra-em.com, or by post at Higher Ford, Ford, Taunton, Somerset TA4 2RL, United Kingdom.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.
1. Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction.
The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA. If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that violates the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). These are protected by copyright and trademark laws in the United States and around the world.
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print content solely for your personal, non-commercial use or internal business purpose. No Content or Marks may be copied, reproduced, republished, distributed, sold, or exploited for any commercial purpose without our express prior written permission. Requests should be directed to David@zebra-em.com.
Your Submissions and Contributions
By sending us any question, comment, suggestion, idea, feedback, or other information ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own the Submission and be entitled to its unrestricted use for any lawful purpose without acknowledgment or compensation to you.
By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide licence to use, copy, reproduce, distribute, sell, publish, reformat, translate, and exploit your Contributions for any purpose across any media. You are solely responsible for your Contributions and agree to reimburse us for any losses arising from your breach of these terms or third-party intellectual property rights.
We may remove or edit any Contributions at any time without notice if we consider them harmful or in breach of these Legal Terms. We may also suspend or disable your account and report you to the authorities.
3. User Representations
By using the Services, you represent and warrant that:
- All registration information you submit is true, accurate, current, and complete.
- You will maintain the accuracy of your information and update it as necessary.
- You have the legal capacity and agree to comply with these Legal Terms.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Services through automated or non-human means (bots, scripts, etc.).
- You will not use the Services for any illegal or unauthorised purpose.
- Your use of the Services will not violate any applicable law or regulation.
If you provide false, inaccurate, or incomplete information, we have the right to suspend or terminate your account and refuse future use of the Services.
4. User Registration
You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username we determine to be inappropriate, obscene, or otherwise objectionable.
5. Purchases and Payment
We accept the following forms of payment: Visa, Mastercard, American Express, Discover, PayPal, and BACS.
You agree to provide current, complete, and accurate purchase and account information for all purchases. All payments shall be in GBP. Sales tax will be added as required. We may change prices at any time and reserve the right to correct any errors in pricing. We reserve the right to refuse any order, limit quantities, or cancel orders placed by dealers, resellers, or distributors.
6. Subscriptions
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to recurring charges on your payment method until you cancel the applicable order.
Free Trial
We offer a 30-day free trial to new users. Your account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial period.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by contacting us. Your cancellation takes effect at the end of the current paid term. For questions, email David@zebra-em.com.
Fee Changes
We may change subscription fees from time to time and will communicate any price changes in accordance with applicable law.
7. Software
We may include software for use in connection with our Services. If accompanied by an end user licence agreement (EULA), the terms of the EULA will govern your use. Otherwise, we grant you a non-exclusive, revocable, personal, non-transferable licence to use such software solely in connection with our Services.
Software is provided "AS IS" without warranty of any kind. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
8. Prohibited Activities
You may not use the Services for any purpose other than that for which we make them available. As a user, you agree not to:
- Systematically retrieve data to create a collection, database, or directory without written permission.
- Trick, defraud, or mislead us and other users to obtain sensitive account information.
- Circumvent, disable, or interfere with security-related features of the Services.
- Disparage, tarnish, or harm us and/or the Services.
- Use information obtained from the Services to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports.
- Use the Services in a manner inconsistent with applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other harmful material.
- Engage in any automated use of the system (scripts, bots, data mining tools, etc.).
- Delete copyright or proprietary rights notices from any Content.
- Attempt to impersonate another user or person.
- Upload spyware or passive collection mechanisms (clear gifs, web bugs, cookies, etc.).
- Interfere with, disrupt, or create an undue burden on the Services or connected networks.
- Harass, annoy, intimidate, or threaten our employees or agents.
- Attempt to bypass access restriction measures on the Services.
- Decipher, decompile, disassemble, or reverse engineer any software of the Services.
- Use any automated system (spider, robot, scraper) to access the Services.
- Collect usernames or email addresses to send unsolicited communications.
- Use the Services to compete with us or for any revenue-generating commercial enterprise.
- Sell or transfer your profile.
- Advertise or offer to sell goods and services through the Services.
9. User Generated Contributions
The Services may invite you to create, submit, or post Contributions including text, video, audio, photographs, graphics, comments, or other material. Contributions may be viewable by other users and through third-party websites and are therefore treated as non-confidential and non-proprietary.
By posting Contributions, you represent and warrant that:
- Your Contributions do not infringe any copyright, patent, trademark, trade secret, or moral rights of any third party.
- You own or have the necessary licences, rights, consents, and permissions to use and authorise use of your Contributions.
- You have written consent from every identifiable individual in your Contributions.
- Your Contributions are not false, inaccurate, misleading, unsolicited advertising, or spam.
- Your Contributions are not obscene, violent, harassing, libellous, slanderous, or otherwise objectionable.
- Your Contributions do not violate any applicable law, regulation, or third-party rights.
- Your Contributions do not relate to child exploitation or include offensive comments about race, gender, or sexual preference.
10. Contribution Licence
By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and licence to host, use, copy, reproduce, disclose, sell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose across any media format and channel.
You waive all moral rights in your Contributions. You retain full ownership of your Contributions and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions. We have the right, in our sole discretion, to edit, redact, re-categorise, or delete any Contributions at any time without notice.
11. Mobile Application Licence
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not:
- Decompile, reverse engineer, disassemble, or attempt to derive the source code of the App.
- Make any modification, adaptation, or derivative work from the App.
- Violate any applicable laws in connection with your use of the App.
- Remove, alter, or obscure any proprietary notice on the App.
- Use the App for revenue-generating or commercial purposes beyond its intended use.
- Make the App available over a network for multiple users simultaneously.
- Use the App to create a competitive product or service.
- Use the App to send automated queries or unsolicited commercial email.
Apple and Android Devices: Additional terms apply when you use the App obtained from the Apple Store or Google Play. The licence is limited to use on iOS or Android devices per the applicable App Distributor's terms. Each App Distributor is a third-party beneficiary of these terms regarding the mobile application licence.
12. Social Media
You may link your account with third-party social media accounts ("Third-Party Accounts"). By doing so, you represent that you are entitled to grant us access to your Third-Party Account without breaching any applicable terms or making us subject to any usage limitations.
We may access, store, and make available any content from your Third-Party Account through our Services. Your relationship with third-party service providers is governed solely by your agreement(s) with them. We are not responsible for any Social Network Content and make no effort to review it for accuracy, legality, or non-infringement.
You can deactivate the connection between our Services and your Third-Party Account at any time by contacting us or through your account settings.
13. Third-Party Websites and Content
The Services may contain links to third-party websites and content not owned or controlled by us. We do not investigate, monitor, or check third-party websites for accuracy, appropriateness, or completeness, and we are not responsible for their content, privacy practices, or other policies.
Inclusion of any third-party link does not imply our approval or endorsement. If you leave our Services to access third-party websites, these Legal Terms no longer govern. You should review the applicable terms and policies of any such website. Any purchases made through third-party websites are exclusively between you and the applicable third party.
14. Services Management
We reserve the right, but not the obligation, to:
- Monitor the Services for violations of these Legal Terms.
- Take appropriate legal action against anyone who violates the law or these Legal Terms.
- Refuse, restrict access to, limit the availability of, or disable any of your Contributions.
- Remove from the Services or disable all files and content that are excessive in size or burdensome to our systems.
- Otherwise manage the Services to protect our rights and property and facilitate proper functioning.
15. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised that the Services are hosted in the United States. If you access the Services from any other region with different data protection laws, you are transferring your data to the United States and expressly consent to have your data processed there.
16. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material on our Services infringes upon any copyright you own or control, please notify us immediately using the contact information provided in Section 30. Please be aware that you may be held liable for damages if you make material misrepresentations in your notification.
17. Term and Termination
These Legal Terms shall remain in full force while you use the Services. We reserve the right to deny access to and use of the Services — including blocking certain IP addresses — to any person, for any reason, without notice or liability. We may terminate your account and any content or information you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account, you are prohibited from registering a new account under any name. We reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.
18. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time without notice and without liability to you or any third party. We cannot guarantee the Services will be available at all times and may experience interruptions due to hardware, software, or maintenance issues. Nothing in these Legal Terms obligates us to maintain and support the Services or supply any corrections, updates, or releases.
19. Governing Law
These Legal Terms are governed by and interpreted following the laws of the United Kingdom. The use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided by obligatory provisions of the law in your country of residence. You may make a claim in the United Kingdom or in the EU country in which you reside.
20. Dispute Resolution
The European Commission provides an online dispute resolution platform which you can access. If you would like to bring a matter to our attention, please contact us directly using the details in Section 30.
21. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.
22. Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT. WE ASSUME NO LIABILITY FOR ANY ERRORS, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORISED ACCESS, INTERRUPTIONS, BUGS, VIRUSES, OR ERRORS IN CONTENT POSTED VIA THE SERVICES.
23. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES — IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY.
24. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand — including reasonable attorneys' fees — made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) breach of your representations and warranties; (5) your violation of a third party's rights, including intellectual property rights; or (6) any harmful act toward another user.
We reserve the right, at your expense, to assume exclusive defence and control of any matter for which you are required to indemnify us. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.
25. User Data
We will maintain certain data that you transmit to the Services for the purpose of managing performance. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.
26. Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and records, and to electronic delivery of notices, policies, and records of transactions.
27. SMS Text Messaging
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply "STOP" to the text. You may receive an SMS message confirming your opt-out.
Message and Data Rates
Message and data rates may apply to any SMS messages sent or received. Rates are determined by your carrier and your mobile plan.
Support
For questions or assistance regarding SMS communications, email David@zebra-em.com or call (+44) 3300 560 850.
28. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
29. Miscellaneous
These Legal Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, it is deemed severable and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
30. Contact Us
To resolve a complaint or receive further information regarding use of the Services, please contact us at: