This End User License Agreement (the “Agreement”) constitutes a legally binding agreement between you (the “User” or “you”) and MarkZip (the “Company”, “we”, “us”, or “our”). It sets the terms for your access to, installation of, and use of “MarkZip” – software that, among other things, offers document processing services, including without limitation converting documents you upload from one file format to other formats – together with associated services (the “Software”).
1. Modifications to These Terms
The Company may modify, update, or revise these Terms from time to time. Any such changes are effective upon publication. Continued use of the Software after publication constitutes your acceptance of the updated Terms.
2. Ownership & Scope
The Software is proprietary. Title to the Software is held by the Company and/or the Company’s licensors. This Agreement and these Terms govern the Software in full, including all features, modules, functions, components, and services provided through it, as well as any embedded or integrated components and any additional services. All intellectual property rights in the Software and related materials – including, without limitation, trademarks, logos, designs, text, graphics, source code, and proprietary technologies – are owned by the Company or its licensors. Nothing in this Agreement transfers to you any ownership interest in the Software or any intellectual property rights.
3. Agreement & Acceptance
By downloading, installing, accessing, or using the Software, you acknowledge that you have read and understood, and you agree to be bound by, this Agreement and the Privacy Policy incorporated by reference. You represent and warrant that you will use the Software in compliance with all applicable laws and regulations (local, national, and international). If you do not accept any part of this Agreement, you must immediately stop using the Software and remove it from all devices and systems where it is installed. For purposes of performance monitoring, security, and analytics, the Software may process certain technical information and functionality data made available through third-party providers, in accordance with these Terms.
4. Software Services
By starting the installation process, you authorize the Company to install the Software, including any background components necessary for operation. The Software may also be configured as your default tool for file processing and may include functionality supported by third-party providers.
You may remove (uninstall) the Software whenever you choose using your device’s standard uninstall options.
5. License & Usage Restrictions
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, revocable, non-assignable license to install and use the Software solely for your personal, non-commercial purposes.
All rights not expressly granted to you under these Terms are reserved by the Company and/or its licensors.
6. Third-Party Content
The Software may display, include, or enable access to third-party content or services, including advertisements and links to third-party websites. Such third-party offerings are not owned or controlled by the Company, and the Company makes no representations and assumes no responsibility regarding their availability, accuracy, legality, or reliability.
Any access to, use of, or interaction with third-party content or services is at your sole discretion and risk, and may be governed by the applicable third party’s own terms and policies.
7. User Responsibilities
You are solely responsible for any content (including any Document) that you upload, submit, or otherwise make available through the Software. You represent and warrant that such content does not infringe, misappropriate, or otherwise violate any third-party rights, and that you have obtained all rights, permissions, consents, and approvals necessary to make such content available and to allow it to be processed through the Software in compliance with applicable law.
In connection with your use of the Software, you agree that you will not do any of the following:
- Reproduce, copy, distribute, sublicense, sell, lease, or otherwise commercially exploit or redistribute any part of the Software.
- Modify, alter, decompile, reverse engineer, or otherwise attempt to derive or discover the Software’s source code.
- Use the Software in connection with deceptive, fraudulent, malicious, or similar activities.
- Circumvent, disable, or interfere with any security mechanisms, safeguards, or technical protections.
- Use the Software for any unlawful, fraudulent, deceptive, or harmful purpose.
- Violate these Terms or any applicable law or regulation in any manner.
Any breach of the above restrictions may result in immediate suspension or termination of your access to the Software and may also expose you to legal liability.
8. Disclaimer of Warranties
The Software is provided on an “as is” and “as available” basis, and the Company makes no warranties of any kind, whether express, implied, or statutory. The Company does not warrant that the Software will function uninterrupted or error-free, that it will be compatible with all devices or configurations, or that it will satisfy your particular requirements.
You assume all risks arising from, or related to, installing and using the Software.
9. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to your use of, or inability to use, the Software.
In no event shall the Company’s total cumulative liability exceed USD $10 or the amount actually paid for the Software, whichever is lower.
10. Force Majeure
The Company will not be responsible for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by events beyond the Company’s reasonable control, including acts of God, natural disasters, governmental actions, war, terrorism, labor disputes, technical failures, power outages, or interruptions to telecommunications or internet services.
11. Termination of Agreement
These Terms remain in effect unless and until terminated. You may terminate this Agreement at any time by uninstalling the Software and ceasing all use.
You may uninstall the Software at any time using the standard removal options available on your device, typically through your operating system’s application management interface. Generally, you may remove the Software by following steps such as:
- Open your device’s Control Panel or system settings.
- Navigate to the area listing installed programs or applications (for example, “Programs” or “Programs and Features”).
- Locate the Software in the list of installed applications.
- Select the Software and choose the option to uninstall or remove it.
The Company may, in its sole discretion, suspend or terminate your access to the Software immediately, with or without notice and with or without cause, if you breach these Terms or if your continued use creates a risk to the Company, other users, or third parties.
Termination may result in the deletion or destruction of information and data associated with your use of the Software. Upon termination, all licenses and other rights granted to you under this Agreement will immediately end. The Company shall not be liable to you or any third party for terminating the Software or terminating your use of the Service. Provisions that by their nature are intended to survive termination will survive.
Upon termination, any licenses granted to you under these Terms will automatically cease.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, and each of their respective directors, officers, employees, agents, and representatives, from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (i) your use of the Software; (ii) your breach of this Agreement; or (iii) your violation of any third-party rights or any applicable law or regulation.
13. Software Updates & Modifications
The Company may, at its discretion, provide updates, patches, enhancements, or other modifications to the Software to improve functionality, performance, monetization, or security. By continuing to use the Software, you consent to receiving such updates.
The Company is not responsible for temporary interruptions, compatibility issues, or other changes resulting from updates or modifications.
14. General Provisions
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Failure by the Company to enforce any provision shall not constitute a waiver of its rights. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company.
The Company may assign or transfer this Agreement, in whole or in part, without restriction.
15. Governing Law and Dispute Resolution
These Terms are governed by, and construed in accordance with, the laws of the State of Israel. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the competent courts located in Tel Aviv, Israel.
Any claim must be filed within twelve (12) months after it arises; otherwise, it will be permanently barred.
Contact
If you have questions, inquiries, or support requests, please contact: [email protected].