Zangerine Terms of Service
By signing up for the Zangerine services or any of the service offered
by our affiliates, you agree to these terms and conditions.
(“Terms of Service”). The services offered by
Zangerine are referred to in these Terms of Service as
“Services” and services offered by affiliate’s of
Zangerine are referred to as “Affiliate Services”. You can
review the current version of the Terms of Service at any time at https://app.zangerine.com/legal/terms-of-service.html. Zangerine reserves the right to update and change the Terms of
Service by posting updates and changes to the Zangerine website and this
“Terms of Service” page. You are advised to check the Terms
of Service from time to time for any updates or changes that might
You must read, accept and agree with all of the terms and conditions
Zangerine Services constitutes your agreement to abide by the Terms of
Service found here.
We’ve included “Zangerine’s Take” as a fun
summary for convenience only. It’s not legally binding, but
it might help us all understand better what the lawyers are trying to
You must be 18 years or older to use this service.
To access and use the Services, you must register by providing full
and accurate information as required in the registration process.
Zangerine may reject your registration for an Account, or cancel
an existing Account, for any reason, in our sole discretion
You agree that Zangerine will use the email address you provide to
contact and communicate with you.
You are responsible for the security of your passwords. Zangerine
cannot and will not be liable for any loss or damage from your failure
to maintain the security of your account and passwords.
You are responsible for all content posted to your account including
photos, images, videos, graphics, written content, audio files, code,
information or data uploaded, collected, generated, stored, displayed,
distributed, transmitted or exhibited on or in connection with your
Any breach or violation of any term in this Terms of Service, will result in an immediate termination of your services.
Play nice and be good. Don’t use Zangerine for bad stuff.
Also, to keep other bad people from doing bad stuff, keep
track of your passwords.
The person signing up for the Service will be the contracting party
(“Account Owner”) for the purposes of our Terms of Service
and will be the person who is authorized to use any corresponding
account that we may provide to the Account Owner in connection with
If you are signing up for the Service on behalf of your employer,
your employer shall be the Account Owner. If you are signing up for
the Service on behalf of your employer, then you represent and warrant
that you have the authority to bind your employer to our Terms of
Affiliate Services will carry their own terms and conditions.
Don’t pretend to be someone your not. If you sign up, you
agree to play by the rules.
You must read, agree with and accept all of the terms and conditions
contained in these Terms of Service, including the AUP, DPP and the
Technical support is only provide to paying Account holders and is
only available via email.
The Terms of Service shall be governed by and interpreted in
accordance with the laws of the State of Utah, without regard to
principles of conflicts of laws. The parties irrevocably and
unconditionally submit to the exclusive jurisdiction of the courts of
the State of Utah with respect to any dispute or claim arising out of
or in connection with the Terms of Service. The United Nations
Convention on Contracts for the International Sale of Goods will not
apply to these Terms of Service and is hereby expressly
You acknowledge and agree that Zangerine may amend these Terms of
Service at any time by posting the relevant amended and restated Terms
of Service on Zangerine’s website, available at
https://www.zangerine.com/legal/terms and such amendments to the Terms
of Service are effective as of the date of posting. Your continued use
of the Services after the amended Terms of Service are posted
constitutes your agreement to, and acceptance of, the amended Terms of
Service. If you do not agree to any changes to the Terms of Service,
do not continue to use the Service.
You may not use the Service for any illegal or unauthorized purpose
nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws), the laws
applicable to you in your customer’s jurisdiction, or the laws
of the United States of America and the State of Utah. You will comply with all applicable laws, rules and regulations in your use of the Service.
the Zangerine API (as defined therein). You are solely responsible for
the activity that occurs using your API Credentials (as defined in the
Zangerine API Terms) and for keeping your API Credentials
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service without the express written permission by Zangerine.
You shall not purchase search engine or other pay per click keywords
(such as Google AdWords), or domain names that use Zangerine or
Zangerine trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to email@example.com.
You understand that your Materials (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit Card information is always encrypted during transfer over
The Services allow you to send certain communications to your
customers by email. You will only use the Services in compliance with
this agreement and the laws of the jurisdiction from which you send
messages, and in which your messages are received.
You acknowledge and agree that your use of the Service, including
information transmitted to or stored by Zangerine, is governed by its
We let you use the Zangerine Service, but want to make sure you
know who owns it and what you can do with it. You agree to
obey the law and the rules as we’ve put them out.
We reserve the right to modify or terminate the Service for any
reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at
We may, but have no obligation to, remove Materials and suspend or
terminate Accounts if we determine in our sole discretion that the
goods or services offered via a store, or the Materials uploaded or
posted to a store, violate our Acceptable Use Policy
(“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or
retribution) of any Zangerine customer, Zangerine employee, member, or
officer will result in immediate Account termination.
Zangerine does not pre-screen Materials and it is in our sole
discretion to refuse or remove any Materials from the Service.
We reserve the right to provide our services to your competitors and
make no promise of exclusivity in any particular market segment. You
further acknowledge and agree that Zangerine employees and contractors
may also be Zangerine customers/merchants and that they may compete
with you, although they may not use your confidential information in
In the event of a dispute regarding Account ownership, we reserve the
right to request documentation to determine or confirm Account
ownership. Documentation may include, but is not limited to, a scanned
copy of your business license, government issued photo ID, the last
four digits of the credit card on file, etc.
Zangerine retains the right to determine, in our sole judgment,
rightful Account ownership and transfer an Account to the rightful
owner. If we are unable to reasonably determine the rightful Account
owner, Zangerine reserves the right to temporarily disable an Account
until resolution has been determined between the disputing
Sometimes, through the course of business, we discover the need
to change some policies for the good of all who are associated
with Zangerine. We want you to know that things do
sometimes change. We can decide if we don’t want to
play with you. If we decide that some of the toys we have
in the sandbox shouldn’t be in there, we reserve the right
to take them out.
Limitation of Liability
You expressly understand and agree that Zangerine shall not be liable
for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses resulting from
the use of or inability to use the service.
In no event shall Zangerine or our affiliates be liable for lost
profits or any special, incidental or consequential damages arising
out of or in connection with the use of our Services or these Terms of
Service (however arising including negligence). You agree to indemnify
and hold us and (as applicable) our parent, subsidiaries, affiliates,
partners, officers, directors, agents, employees, and suppliers
harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third party due to or arising out
of your breach of these Terms of Service or the documents it
incorporates by reference (including the AUP), or your violation of
any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided
on an “as is” and “as available” basis without
any warranty or condition, express, implied or statutory.
Zangerine does not warrant that the Service will be uninterrupted,
timely, secure, or error-free.
Zangerine does not warrant that the results that may be obtained from
the use of the Service will be accurate or reliable.
Zangerine does not warrant that the quality of any products,
services, information, or other Materials purchased or obtained by you
through the Service will meet your expectations, or that any errors in
the Service will be corrected.
Bad stuff happens. It’s part of life. In
fact, we can pretty much guarantee that sometime, some where,
something won’t work the way it should. Even the big boys,
like Amazon and Facebook sometimes have problems, and they own
the world! We’ll try and fix what messes up, but
when it does, we can’t be liable for the consequences, we
can only try and fix what broke. We do our best to run our
business, you do your best to run your business.
Zangerine is an business services system that provides the software and
other tools to help businesses sell, track, ship and otherwise manage
their business. We believe in free enterprise, however, there are some
activities that are not acceptable to us in the use of our services.
The following activities are prohibited:
Child exploitation, harassment, bullying, defamation and threats,
hateful content, Illegal activities, offering goods or services that
infringe on the copyright or trademarks of others, malicious and
deceptive practices, personal and confidential information, restricted
Items, promotion of terrorist activities, and other similarly
objectionable goods and services. This list may be amended at any time
and without notice.
We may, at any time and without notice, remove any Materials, and
suspend or terminate your Account or your access to the Services if you
engage in activities that violate the letter or spirit of these terms
including activities outside of your use of the Services.
We want to be, and expect you to be, good world citizens.
Waver and Complete Agreement
The failure of Zangerine to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right or
provision. The Terms of Service and the documents it incorporates by
reference constitute the entire agreement between you and Zangerine and
govern your use of the Service, superseding any prior agreements between
you and Zangerine (including, but not limited to, any prior versions of
the Terms of Service).
Sometimes things slip, and we don’t catch or don’t
have the energy to enforce something. When that happens,
we’re not saying it’s OK.
Intellectual Property and Content
Zangerine acknowledges that you own and maintain all intellectual property rights to the Materials you enter into our
Service. All Materials you upload remains yours. You can remove your
Zangerine website at any time by contacting Zangerine or deleting your
By uploading Materials, you agree: (a) to allow other internet users
to view the Materials you post publicly to your store; (b) to allow
Zangerine to store, and in the case of Materials you post publicly,
display, your Materials; and (c) that Zangerine can, at any time,
review all the Materials submitted to its Service, although we are not
obligated to do so.
You retain ownership over all Materials that you upload to your
Zangerine account; however, by making your Materials public, you agree
to allow others to view Materials that you post publicly. You are
responsible for compliance of the Materials with any applicable laws
We will not disclose your confidential information to third parties
(“Your Confidential Information”), except as required in
the course of providing our services. Your Confidential Information
includes any Materials or information provided by you to us which is
not publicly known. Your Confidential Information does not include
information that: (a) was in the public domain at the time we received
it; (b) comes into the public domain after we received it through no
fault of ours; (c) we received from someone other than you without
breach of our or their confidentiality obligations; or (d) we are
required by law to disclose.
Zangerine shall have the non-exclusive right and license to use the
names, trademarks, service marks and logos associated with your store
to promote the Service.
We recognize that you own your stuff. You can manage it
in our software, or you can take it off, that’s your
choice. When you do load it onto our software, you are
giving us the right to present it consistent with the use of our
software. If you’ve already told the world about
something, then it’s not really confidential and that
includes your name and logo and stuff.
If you are located in the United States, you can purchase shipping labels from within Zangerine for delivery of goods processed through Zangerine Services. In
addition to these Terms of Service, your access to and use of
Zangerine Shipping is subject to the Zangerine Shipping Terms of
Service, located at https://app.zangerine.com/legal/shipping-terms.html
We can help you ship your stuff, and when you do you agree to
our terms of shipping.
eCommerce Website Themes
For service levels that include a basic or advanced eCommerce
Website, you may select the appearance of your website with a theme template
from our list of options. If you select a Theme, you are licensed to
use it for a single store only and only associated with your
subscription to Zangerine. You are not permitted to transfer or sell a
Theme to any other person or organization. Zangerine reserves the
right to add, delete and modify any theme at any time.
If provided, you may modify the Theme to suit your store. Zangerine
may add or modify the footer that refers to Zangerine at our sole
discretion. Zangerine may modify the Theme where it contains, in our
sole discretion, an element that violates the Zangerine Terms of
Service, even if you received the Theme in that condition. Zangerine
may modify the Theme to reflect technical changes and updates as
The intellectual property rights of the Theme remain the property of
Technical support for any modifications to Theme is your
responsibility, and Zangerine accepts no responsibility to provide
such support. Zangerine will support the core Theme as
It is the responsibility of the user, and not Zangerine, to ensure
that the installation of a new theme does not damage the current or
preexisting theme, or UI, of the user.
We’ve put work into creating website themes and
don’t want you take it and sell or give it away. We
recognize that you own your stuff, please recognize that we own
Zangerine has a directory of independent third parties ("Partners") that can help you
build and customize eCommerce websites that integrate with Zangerine
Services. Zangerine does not employ these Partners.
Zangerine does not endorse any specific Partner and takes no
responsibility for any work performed by a Partner or failure to
fulfill a work order.
Links or introductions to Partners, are provided solely for
informational purposes at the discretion of Zangerine and shall not be
construed or imply any level of liability on the part of Zangerine in
relation to the work performed by any Partner.
Under no circumstances shall Zangerine be liable for any direct,
indirect, incidental, special, consequential, exemplary or other
damages whatsoever, including, without limitation, any direct,
indirect, incidental, special, consequential, exemplary or other
damages that result from any contractual relationship between you and
a Partner. These limitations shall apply even if Zangerine has been
advised of the possibility of such damages. The foregoing limitations
shall apply to the fullest extent permitted by law.
We try to offer you options with others so you can get your
work done. If they mess up, it’s not our
Payment of fees
You will pay the Fees associated with the subscription and services
selected, and any other applicable fees, including but not limited to
Use Fees related to the value of sales processed through Zangerine,
whether made through your eCommerce Website, imported through an
integration, individually entered, or by any other means enabled a
product to be process through the Zangerine Services. You will
also pay any fees relating to your purchase or use of any products or
services such as Zangerine Payments, shipping, apps, Themes, domain
names or Third Party Services (“Additional Fees”).
Together, the Subscription Fees, Use Fees, Transaction Fees and the
Additional Fees are referred to as the “Fees”.
You must keep a valid credit card on file with us to pay for all
incurred and recurring Fees. Zangerine will charge applicable Fees to
the credit card account that you authorize (“Authorized
Card”), and Zangerine will continue to charge the Authorized
Card (or any replacement card) for applicable Fees until the Services
are terminated, and any and all outstanding Fees have been paid in
full. Unless otherwise indicated, all Fees and other charges are in
U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day
intervals (each such date, a “Billing Date”). Use Fees,
Transaction Fees and Additional Fees will be charged from time to time
at Zangerine’s discretion. You will be charged on each Billing
Date for all outstanding Fees that have not previously been charged.
Fees will appear on an invoice, which will be sent to the Account
Owner via the email provided. Users have approximately two weeks to
bring up and settle any issues with the billing of Subscription
If we are not able to process payment of Fees using the Authorized
Card, we will make a second attempt to process payment using the
Authorized Card 3 days later. If the second attempt is not successful,
we will make a final attempt 3 days following the second attempt. If
our final attempt is not successful, we may suspend and revoke access
to your Account. Your Account will be reactivated upon your payment of
any outstanding Fees, plus the Fees applicable to your next Billing
Cycle. You will not be able to access your Account during any period
of suspension. If the outstanding Fees remain unpaid for 60 days
following the date of suspension, Zangerine reserves the right to
terminate your Account.
All Fees are exclusive of applicable federal, provincial, state,
local or other governmental sales, goods and services, harmonized or
other taxes, fees or charges now in force or enacted in the future
You are responsible for all applicable Taxes that arise from or as a
result of your subscription to or purchase of Zangerine’s
products and services. These Taxes are based on the rates applicable
to the billing address you provide to us. Such amounts are in addition
to the Fees for such products and services and will be billed to your
Authorized Card. If you are exempt from payment of such Taxes, you
must provide us with evidence of your exemption, which in some
jurisdictions includes an original certificate that satisfies
applicable legal requirements attesting to tax-exempt status. Tax
exemption will only apply from and after the date we receive evidence
satisfactory to Zangerine of your exemption. If you are not charged
Taxes by Zangerine, you are responsible for determining if Taxes are
payable, and if so, self-remitting Taxes to the appropriate tax
authorities in your jurisdiction.
If your location tax jurisdiction changes, you must promptly update
that information in your Zangerine Setup.
Zangerine does not provide refunds.
We’re all in business to help provide for our families.
If you use it, you really need to pay for it. And, if
Uncle Sam wants some of your money, it’s your job (not
ours) to give it to him.
Cancellation and Termination
You may cancel your Account at anytime by emailing firstname.lastname@example.org and then following the specific instructions indicated to you
in our response.
Upon termination of the Services by either party for any
Zangerine will cease providing you with the Services and you will no
longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be
entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Zangerine for your use of the
Services through the effective date of such termination will
immediately become due and payable in full; and
If you have a website serviced by Zangerine, it will be taken
If at the date of termination of the Service, there are any
outstanding Fees owing by you, the payment method specified will be
used to collect. Once that invoice has been paid in full, you will not
be charged again.
We reserve the right to modify or terminate the Zangerine Service or
your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Zangerine may suspend or
terminate your Account if we suspect that you (by conviction,
settlement, insurance or escrow investigation, or otherwise) have
engaged in fraudulent activity in connection with the Site.
Sometimes things happen in life that make it necessary to
change direction. We understand that. However, if you
aren’t finding Zangerine what you need, you are welcome to
cancel. We’d love to know what, if anything we could
have done better to make it work for you. If you quit using
Zangerine, you still need to pay for what you did use.
Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30
days’ notice by Zangerine. Such notice may be provided at any
time by posting the changes to the Zangerine website
(www.zangerine.com) or the appropriate menu of your Zangerine
Zangerine reserves the right at any time, and from time to time, to
modify or discontinue, the Service (or any part thereof) with or
Zangerine shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the
Change is part of life.
Third Party Services and Partners
In addition to these Terms of Service, you also agree to be bound by
the additional service-specific terms applicable to services you
purchase from, or that are provided by, Zangerine Partners or other
Zangerine may from time to time recommend, turn on, or provide access
to third party software, services or products, collectively,
“Third Party Services”). Such Third Party Services are
made available only as a convenience, and your purchase, access or use
of any such Third Party Services is solely between you and the
applicable third party services provider (“Third Party
Provider”). Any use by you of Third Party Services offered
through the Services is entirely at your own risk and discretion, and
it is your responsibility to read the terms and conditions and/or
privacy policies applicable to such Third Party Services before using
them. In some instances, Zangerine may receive a revenue share from
Third Party Providers that Zangerine recommends to you.
We do not provide any warranties for Third Party Services.
Zangerine does not guarantee the availability of Third Party
Any tax rates suggested by Zangerine or Third Party Services are for
reference, and are not a substitute for independent tax advice.
Google Analytics and other products are Third Party Service that is
used within the Services. Your use of the Service is subject to your
acceptance of Google’s Enterprise Universal Acceptable Use
Policy, as it may be amended by Google from time to time.
Under no circumstances shall Zangerine be liable for any direct,
indirect, incidental, special, consequential, punitive, extraordinary,
exemplary or other damages whatsoever, that result from any Third
Party Services or your contractual relationship with any Third Party
Provider, including any integration Partner. These limitations shall
apply even if Zangerine has been advised of the possibility of such
damages. The foregoing limitations shall apply to the fullest extent
permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, Zangerine partners, officers, directors,
agents, employees, and suppliers harmless from any claim or demand,
including reasonable attorneys’ fees, arising out of your use of
a Third Party Service or your relationship with a Third Party
When you decide to use services from one of our friends, you
agree to treat them with the same respect you would expect from
us. When you do work with one of our friends, if you have an
issue with them, take it up with them, not us. We certainly are
interested in your experience, but if it doesn’t work out,
it’s not our fault.
Zangerine Confidential Information
During the course of your use of the Services, you may receive
information relating to us, or to the Services, that is not known to
the general public (“Zangerine Confidential Information”).
You agree that: (a) Zangerine Confidential Information will remain
Zangerine’s exclusive property; (b) you will use Zangerine
Confidential Information only as is reasonably necessary for your use
of or participation in the Services; (c) you will not otherwise
disclose Zangerine Confidential Information to any third party, except
that you may disclose to your affiliates, employees, subcontractors
and agents who, in each case, are subject to confidentiality
obligations at least as protective of the Zangerine Confidential
Information as those contained in these Terms of Service; and (d) you
will take all reasonable measures to protect the Zangerine
Confidential Information against any use or disclosure that is not
expressly permitted in these Terms of Service.
If we tell you something in confidence, we expect you to keep
it that way.
Privacy and Data Protection
Zangerine is firmly committed to protecting the privacy of your personal
information and the personal information of your customers. By using
the Service, you acknowledge and agree that Zangerine’s
collection, usage and disclosure of this personal information is
If you are established in the European Economic Area (EEA); or you
provide goods or services to customers in the EEA; or you are
otherwise subject to the requirements of the EU General Data
Protection Regulation, Zangerine’s collection and use of
personal information of any European residents is also subject to our
Data Processing Addendum.
We respect your privacy and want to play by the rules.
Last Updated on: 1/10/2019
This Terms of Service replaces any other Terms of Service previously
applicable from this date.