Terms of Service
These Terms of Service (the "Terms") are an agreement between you and Verirobot Inc., a Delaware corporation ("Verirobot", "we", "us"). They apply to the Zumti products: Zumti Games & Social on iPhone, Android and the web (the "App"), Zumti Avatar at avatar.zumti.com, and this website, zumti.com (together, the "Services"). By creating an account or using the Services you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Services.
PLEASE READ SECTION 15 CAREFULLY. EXCEPT AS IT STATES, DISPUTES BETWEEN YOU AND VERIROBOT ARE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS.
Part A. General
1. Accounts
- You sign in to Zumti Games & Social with your Google account or, on iPhone, with your Apple account (Sign in with Apple), and to Zumti Avatar with your Google account. Keep it secure; you are responsible for what is done with your account.
- One person, one account, unless we allow otherwise. Do not sell, share or transfer your account.
- Give us accurate information and tell us at once at [email protected] if you think your account has been misused.
2. Our property
The Services, their software, designs, games, characters, gifts, virtual items and the Zumti and Verirobot names and logos belong to Verirobot or its licensors. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services under these Terms. You may not copy, modify, reverse engineer (except as the law allows), scrape, or resell them. If you send us feedback, we may use it freely.
3. Changes to the Services
We keep improving the Services, and we may add, change or remove features, games, characters and virtual items. We may also stop offering a Service; where it has paid features, we will give reasonable notice.
Part B. Zumti Games & Social
4. Who can use the App
Zumti Games & Social is for adults only. You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account or use the App. By using the App you confirm that you meet this age.
- We may ask you to confirm your age, and we close accounts when we learn that their user is under the minimum age. A parent or guardian who believes a minor is using the App can write to [email protected] and we will close the account.
- You may not use the App if we have banned you before, or if the law forbids you from using it.
5. Your content
- "Your Content" is what you post or create in the App: your profile, photos, messages, what you say in rooms and calls, and the songs and other works you make with AI features.
- You keep your rights in Your Content. You give Verirobot a worldwide, non-exclusive, royalty-free license to host, store, copy, display, transmit and adapt it as needed to run, show and promote the App and its features (for example playing your song on the in-room radio or showing your profile to other users). This license ends when you delete the content or your account, except for content others have already shared or saved, and copies we must keep by law.
- You confirm that you have the rights to Your Content, including the permission of anyone who appears in your photos.
- We do not have to check Your Content in advance, but we may review, hide or remove any content, and act on accounts, to keep the App safe and lawful.
6. AI features
AI World, AI games, AI Music, Tarot and other AI features are produced automatically with third-party AI providers. AI output can be inaccurate, unexpected or similar to output made for others. It is for entertainment only: it is not professional, medical, legal, financial or psychological advice, and Tarot and astrology readings do not predict the future. Do not use AI features to create content that breaks section 9. Songs and other works you make with AI Music may be used inside the App; any use outside the App is at your own risk and subject to the law and the providers' terms.
7. Live rooms and calls
Room hosts can set rules for their rooms and remove guests. Voice and video are live and not recorded by us, but other people can see and hear what you share; do not share anything you would not want others to keep. Recording or re-broadcasting other users without their consent is not allowed.
8. Tokens, virtual items and purchases
- Tokens are the App's virtual currency. You can buy them, and you may also earn them in the App. Tokens and virtual items (gifts, VIP ids, crowns, frames and the like) are a limited license to use digital content in the App. They are not money, have no cash value, cannot be exchanged for money or anything of value outside the App, and cannot be withdrawn, sold or transferred except as the App's features allow (such as sending gifts). We do not pay out tokens.
- Token games. Like the rest of the App, token games are for adults only. Some games can be played for tokens, and the winner receives the tokens in play. Because tokens can never be cashed out, these games are for entertainment only. Where the law of your location does not allow them, do not use them; we may switch them off in some countries.
- Payments. Purchases are processed by Stripe. Prices are shown before you buy and may include or exclude taxes as shown. You authorize the charge when you confirm the purchase. We may change prices of tokens and items at any time; this does not affect purchases already made.
- Refunds. Purchases are final once the tokens or items are delivered, except: if a purchase was not delivered, or you were charged by mistake, write to us within 30 days and we will deliver it or refund it; and where applicable law requires a refund.
- A chargeback or payment fraud may lead to removal of the tokens and items bought and suspension of the account.
- If your account is closed for breaking these Terms, your tokens and virtual items are lost without refund. If we stop offering the App, we will give at least 60 days' notice and tell you how unused purchased tokens will be handled.
9. Community rules
You will not, and will not let anyone, use the App to:
- harass, bully, threaten, stalk or hate on anyone, or encourage violence or self-harm;
- post or show nudity or sexual content, or any content that sexualizes minors; we report child sexual abuse material to the authorities;
- impersonate a person or company, or share someone's private information or images without their consent;
- spam, scam, advertise without permission, or ask other users for money, payments or personal data;
- buy, sell or trade tokens, items or accounts outside the App, or offer real money or prizes for token games;
- cheat, use bots, exploits or automated tools, or interfere with the App or other users' use of it;
- post content that breaks the law or infringes anyone's rights.
You can report users and content in the App. We may warn, mute, remove content, limit features, or suspend or ban accounts that break these rules, and we may do so without notice when safety requires it.
Part C. Zumti Avatar
10. Zumti Avatar terms
The use of Zumti Avatar by developers and companies (the avatar editor, developer console, API, plans and payments at avatar.zumti.com) is governed by the Zumti Avatar Terms of Service, which apply in addition to Part A of these Terms and take precedence for Zumti Avatar where they differ. Key points: you may only make an avatar of a person with that person's written consent, given before the photos are sent; the Service builds avatars and is not a tool to identify or track people; and the avatar files made for you are yours to use in your products.
If you create an avatar inside Zumti Games & Social, Part B of these Terms applies to it.
Part D. Liability and disputes
11. Disclaimer
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, VERIROBOT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OR CONTENT OF OTHER USERS.
12. Limitation of liability
TO THE EXTENT THE LAW ALLOWS: (a) VERIROBOT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA; AND (b) VERIROBOT'S TOTAL LIABILITY ARISING FROM THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US $100. Some laws do not allow these limits; where they apply, our liability is limited to the extent they permit. Nothing in these Terms limits liability that cannot be limited by law.
13. Indemnity
To the extent the law allows, you will defend and indemnify Verirobot against third-party claims arising from Your Content or from your use of the Services in breach of these Terms or the law.
14. Suspension and termination
You can stop using the Services and delete your account at any time. We may suspend or end your access if you break these Terms, if the law requires it, or if your use puts the Services or others at risk. Sections that by their nature should survive (such as 2, 5, 8, 11 to 18) survive the end of these Terms.
15. Governing law, arbitration and class action waiver
Governing law. These Terms are governed by the laws of the State of Delaware and the federal laws of the United States, including the Federal Arbitration Act, without regard to conflict-of-law rules. The Services are operated and sold from the United States. If you use them from outside the United States, you do so on your own initiative and are responsible for complying with your local laws.
Talk to us first. Before starting an arbitration or a court case, the party with a claim sends the other a written notice describing it and the relief sought (to us: [email protected]). The parties try in good faith to resolve it for 60 days.
Binding arbitration. Any dispute, claim or controversy arising from or relating to these Terms or the Services that is not resolved that way is decided by binding arbitration administered by JAMS under its rules then in force (its Streamlined Arbitration Rules for claims under US $250,000), by a single arbitrator, in English. The arbitration takes place by video conference or written submissions unless the arbitrator decides that a hearing in person is needed, in which case it is held in Wilmington, Delaware, or another place the parties agree. The arbitrator decides questions about the scope and enforceability of this section, except that a court decides the validity of the class action waiver below. The award is final and may be entered in any court with jurisdiction. If your claim is under US $10,000, we pay the JAMS filing and arbitrator fees beyond the first US $250, unless the arbitrator finds the claim frivolous.
Exceptions. Either party may bring an individual claim in a small claims court that has jurisdiction, and either party may ask a court for an injunction to protect its intellectual property, confidential information or the security of the Services.
No class actions, no jury. YOU AND VERIROBOT MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS. YOU AND VERIROBOT EACH WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a claim, that claim (and only that claim) proceeds in court, and is stayed until the individual arbitration is finished.
Many similar claims. If 25 or more similar demands for arbitration are brought against us by or with the help of the same lawyers or organisations, they are administered in batches of up to 50, one batch after another, with one arbitrator and one set of fees for each batch, and the other demands are not filed until their batch starts.
Opting out. You may opt out of arbitration by e-mailing [email protected] within 30 days after you first accept these Terms, with your name, the e-mail of your account and a clear statement that you opt out. Disputes are then decided under the next paragraph.
Courts. Any dispute that is not arbitrated is decided exclusively by the state and federal courts located in the State of Delaware, and both parties consent to their jurisdiction and venue. A claim must be brought within one year after it arises, where the law allows such a limit.
16. Copyright complaints (DMCA)
We respect intellectual property rights and respond to notices of claimed infringement under the US Digital Millennium Copyright Act. If you believe content on the Services infringes your copyright, send our designated agent a notice with: your physical or electronic signature; a description of the copyrighted work; where on the Services the material is (for example the user's name, the room or the link); your address, telephone number and e-mail; a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised to act for the owner.
Designated copyright agent: Copyright Agent, Verirobot Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States; phone +1 (650) 204-1345; e-mail [email protected] (U.S. Copyright Office registration DMCA-1083243). If your content was removed and you believe that was a mistake, you may send a counter-notice as the DMCA allows. We close the accounts of repeat infringers in appropriate circumstances.
17. Disputes between users
You are responsible for your dealings with other users. To the extent the law allows, you release Verirobot from claims and damages arising from disputes between you and other users, or from the acts of other users or third parties. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
18. General
- Changes to these Terms. We may update these Terms. We post the new version here with its date and, for a material change, tell you in the App or by e-mail before it applies. Using the Services after that means you accept it.
- App stores. If you got the App from the Apple App Store or Google Play, these Terms are between you and Verirobot only, not Apple or Google, which have no obligation to support the App. Apple and its subsidiaries are third-party beneficiaries of these Terms for iOS users and may enforce them.
- Export and sanctions. You may not use the Services where US sanctions forbid it, or if you are on a US restricted-party list.
- Entire agreement. These Terms, the Privacy Policy and, for Zumti Avatar, the Zumti Avatar Terms are the whole agreement between you and us about the Services. If a part is unenforceable, the rest stays in force. Not enforcing a right is not a waiver. You may not transfer these Terms; we may transfer them to a successor in a merger or sale of our business.
- Electronic communications. You agree to receive notices, agreements and other communications from us electronically (in the App or by e-mail); they satisfy any legal requirement that they be in writing.
- Not a backup service. Keep your own copies of what matters to you. We are not liable for the loss of content, messages or songs, except as these Terms state.
- California users. Under California Civil Code section 1789.3, California users may 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, CA 95834, or by telephone at (800) 952-5210.
- Contact. Verirobot Inc., a Delaware corporation, 131 Continental Dr, Suite 305, Newark, DE 19713, United States. E-mail: [email protected] · Web: www.verirobot.com
