Terms of Use

Date Last Revised for Freedom Stack Limited (the “Company”): July 15, 2019

1. GENERAL TERMS.

These Terms of Use (“Agreement”) set forth the terms and conditions that apply to any services provided by Freedom Stack Limited, its subsidiaries and/or affiliates (collectively, “Zooch” or the “Company,” except as otherwise specifically stated herein), including, without limitation, your access and use of Zooch.com, FreedomStack.com and the Zooch Mobile App (collectively, the “Service” or “Services”). Freedom Stack Limited’s address is Global Gateway 8, Rue de la Perle, Providence, Mahe, Seychelles. For questions, please contact +1 (646) 200-5834. As used in this Agreement, the term "Sites" includes all websites or pages that are associated or within each website and all devices, applications or services that Zooch operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and Zooch Privacy Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.

2. Accepting the Terms

By using the Services or information, tools, features, software and functionality including content, updates and new releases provided by Zooch, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Zooch.com website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services). The term “you” or “User” refers to a Visitor or Customer. The term “we” refers to Zooch. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Zooch.

Before you continue, you should print or save a local copy of this Agreement for your records.

3. Privacy and your Personal Information

You can view the  Zooch Privacy Policy  here and on the Site for the Services. You agree to the applicable Zooch Privacy Policy, and any changes published by Zooch. You agree that Zooch may use and maintain your data according to the Zooch’s Privacy Policy, as part of the Services. You give Zooch permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Zooch services. For example, this means that Zooch may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Zooch may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

4. Description of the Services

The Zooch Service allows you to, without limitation: 1. connect, interact (including initiating trades), manage and consolidate information with respect to your online accounts (including brokerage and crypto exchange accounts), 2. view data including market prices and changes thereto, 3. practice trading through virtual / fictional paper trading, 4. manage your assets, and 5. engage in social media activities with other Users (which may allow Users to, without limitation, publish or share their trades and/or trading strategies).The Service may allow you to transmit orders to third parties including (i) market long / short orders (including with leverage), (ii) limit long / short orders (including with leverage), (iii) stop limit orders, and (iv) trailing stop limit orders.However, Zooch is not a broker or exchange, and does not process any trades or orders which you may initiate by or through the Service.

Zooch’s basic Service (including its Mobile App) is provided to you by Zooch without charge (it is free).However, (i) the Service may include third-party advertising, and (ii) additional features and functionality (including, without limitation, additional data and trading programs, algorithms or bots which may offered from time to time by Zooch and/or third parties) which shall be subject to the applicable subscription and/or additional charges.

Third parties (including, without limitation, crypto currency exchanges) may charge you (or credit you) for “funding fees” (“Third-Party Funding Fees”) when (i) certain leveraged trading positions are held for specified periods of time, or (ii) you trade in a certain direction relative to the majority of trades on a platform operated by such third party. Zooch’s Service does not currently display any such Third-Party Funding Fees, and you agree that Zooch shall not be liable with respect to any such Third-Party Funding Fees (regardless of whether such fees represent a net debit or credit to your account balance(s)).

The Services may also present you information relating to third party products or services (“Zooch Offers”) that you may be interested in. The Services may also provide you with other information, including, without limitation, general tips, recommendations and educational material.

5. Account Information from Third Party Sites

Users may direct Zooch to retrieve their own information maintained online by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Zooch works with one or more online service providers to access this Account Information. Zooch does not review the Account Information for accuracy, legality or non-infringement. Zooch is not responsible for the Account Information or products and services offered by or on third-party sites.

Zooch cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Zooch cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information may only be as fresh as of the time that the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.

6. Zooch Offers and Third-Party Links

Some parts of the Services may be supported by sponsored links from advertisers. The Services may display Zooch Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We may disclose when a particular Zooch Offer is sponsored or otherwise provided by a third party.

In connection with Zooch Offers, the Services may provide links to other web sites belonging to Zooch advertisers and other third parties. Zooch Offers are provided to you as a convenience. Zooch does not endorse, warrant or guarantee the products or services available through the Zooch Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. Zooch is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Zooch does not guarantee that the offer (including, without limitation, respect to any loan, investment, plan or other service terms, rates or rewards) offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the Zooch Offers are provided by the third parties, and any offer is subject to the third parties’ review of your information. Zooch may receive compensation from third parties which may impact the placement and availability of the Zooch Offers.

If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.

7. Your Registration Information and Electronic Communications

In order to allow you to use the Services, you will need to sign up for an account with Zooch. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Zooch cannot verify your identity, we reserve the right to refuse to allow you to use the Services.

You agree and understand that you are responsible for maintaining the confidentiality of all of your credentials (including, without limitation, login IDs, email address, password, “secrets,” and API keys) (“Credentials”) in order to access Zooch and/or any third-party applications or accounts that you connect to through the Service. Your loginID and password, together with any mobile number or other information you provide to Zooch form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.

You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.

If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Zooch immediately at support@freedomstack.com.

If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transfer or unauthorized access has occurred, you must notify us immediately in order to minimize your possible losses.

8. Your Use of the Services

Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Zooch to provide the Services to you. You must provide true, accurate, current and complete information about your third-party accounts, as requested in our setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services may be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, third-party account or service issues, maintenance or repair of the Services or other actions that Zooch, in its sole discretion, may elect to take. In no event will Zooch be liable to any party for any direct or indirect loss, cost, or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such Services, shall be for Zooch to use commercially-reasonable efforts to effectuate an adjustment or repair of the applicable service.

From time to time, Zooch may allow you to use or access pre-release, new and/or trial features (collectively, “Beta Features”) which may permit you to provide feedback. You understand and agree that your use of Beta Features is voluntary and Zooch is not obligated to provide you with any Beta Features. Furthermore, if you decide to use the Beta Features you agree to abide by any rules or restrictions Zooch may place on them. You understand that once you use the Beta Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

9. Use With Your Mobile Device

Use of the Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. You are fully responsible for the safekeeping and security of your mobile device and Credentials.You should take all steps necessary to safeguard your Credentials and mobile device, including, without limitation, always using strong security on your mobile device in order to minimize the risk of any other party from accessing your device and using the Service in an unauthorized manner. Zooch shall have no liability with respect to use of the Service through your account by any third party (including, without limitation, any unauthorized transfers or trading losses).

ZOOCH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES OR YOUR DEVICE; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

10. Online and Mobile Alerts

Zooch may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Zooch may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Zooch may make commercially-reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Zooch shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address or mobile number that you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your password. However, alerts may include your login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

11. Rights You Grant to Us

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Zooch through the Services, you are licensing that content to Zooch for the purpose of providing the Services. Zooch may use and store the content in accordance with this Agreement and our Privacy Policy. You represent that you are entitled to submit it to Zooch for use for this purpose, without any obligation by Zooch to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Zooch to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. When you use the account configuration features of the Services, you will be directly connected to the website for the third party you have identified. Zooch may submit information including, without limitation, username and other Credentials that you provide to log into the Site. You hereby authorize and permit Zooch to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with any third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Services, you grant Zooch a limited power of attorney, and appoint Zooch as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ZOOCH IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD- PARTY SITES, ZOOCH IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD-PARTY THAT OPERATES SUCH THIRD-PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Zooch is not responsible for any third-party sites, including, without limitation, processing errors or fees or other service-related issues, including, without limitation, any issues that may arise from inaccurate account information or restrictions imposed by such third-party sites.

12. Zooch’s Intellectual Property Rights

The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Zooch or its software or content suppliers. Zooch grants you the right to access, view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent; provided, however, that you may share any content which is permitted through the “share” or “livestreaming” capabilities contained within the Services (including the sharing of such content to third-party platforms). You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.

13. Access and Interference

You agree that you will not:

14. Rules for Posting

As part of the Services, Zooch may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Zooch or by one of our third-party service providers on Zooch’s behalf. You agree in posting content to follow certain rules.

The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Zooch does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Zooch is not responsible.

15. Social media sites

Zooch may provide experiences through the Service or through third-party social media platforms (including, without limitation, Facebook®, Twitter® and LinkedIn®) that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on third-party social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

16. Disclaimer of Representations and Warranties

THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED AND/OR WHETHER PROVIDED BY ANY THIRD PARTY) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ZOOCH, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS (INCLUDING ANY THIRD-PARTY BROKERAGES AND EXCHANGES), LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO (I) ANY INFORMATION OR DATA YOU RECEIVE, USE OR RELY ON IN CONNECTION WITH THE SERVICE (INCLUDING, WITHOUT LIMITATION, MARKET OR TRADING SIGNALS, INDICATORS OR STRATEGIES, WHETHER ORIGINATING WITH ZOOCH, OTHER USERS, OR ANY OTHER THIRD PARTIES), (II) ANY TRADES OR ORDERS THAT YOU INITIATE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY ISSUES THAT PREVENT OR DELAY TRANSMISSION OF SUCH TRADES OR ORDERS TO ANY THIRD PARTY BROKERAGE OR EXCHANGE INTENDED TO PROCESS SUCH TRADES OR ORDERS), (III) THIRD-PARTY FUNDING FEES, AND (IV) ANY TRADING LEVERAGE OR TRADING STRATEGIES THAT YOU ELECT TO USE. TRADING WITH LEVERAGE IS A HIGH-RISK ACTIVITY AND YOU SHOULD NOT USE LEVERAGE FOR ANY INVESTMENTS OR ASSETS (INCLUDING STOCKS, PAPER CURRENCIES AND/OR CRYPTO CURRENCIES) UNLESS YOU ARE PREPARED AND WILLING TO LOSE THE ENTIRE VALUE OF SUCH INVESTMENT OR ASSETS.

NEITHER ZOOCH NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED AND/OR WHETHER PROVIDED BY ANY THIRD PARTY), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ZOOCH NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) DO NOT, OR MAY NOT, ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 18 OF THIS PROVISION MAY NOT APPLY TO YOU.

17. Not a Financial Planner, Broker or Tax Advisor

NEITHER ZOOCH NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. ZOOCH IS NOT A FINANCIAL PLANNER, BROKER, EXCHANGE (CRYPTO OR OTHERWISE) OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Trading any asset (including, without limitation, cryptocurrencies) contain a high degree of risk, especially if such trading is subject to leverage or if you are not an experienced trader.You agree to speak to your own accountant, financial and legal advisors in order to determine whether you should use the Service and/or how you should use the Service (including, without limitation, order types, trading strategies and/or the use of leverage).Accordingly, before making any final decisions or implementing any financial strategies, trades or orders, you should obtain additional information and advice from your accountant, financial advisers and legal advisers who are fully aware of your individual circumstances.

18. Limitations on Zooch’s Liability

EXCEPT AS MAY OTHERWISE BE REQUIRED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) ZOOCH SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF ZOOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, (I) ZOOCH’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $100.00 (ONE HUNDRED UNITED STATES DOLLARS), AND (II) ZOOCH SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO ANY THIRD-PARTY FUNDING FEES.

19. Your Indemnification of Zooch

You shall defend, indemnify and hold harmless Zooch and its affiliates, and its and their respective officers, directors, shareholders, employees, licensors, vendors, partners, agents and other representatives from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or (i) attributable to any breach of this Agreement, (ii) any activity by you in relation to the Sites or your use of the Services (including Third-Party Funding Fees), and (iii) your failure to safeguard your Credentials.

20. Ending your relationship with Zooch

This Agreement will continue to apply until terminated by either you or Zooch (or any Zooch affiliate/subsidiary) as set out below. If you want to terminate this Agreement for the Services, you may do so as follows:

To remove Zooch from your mobile devices, delete the Mobile App. However, deleting the app will not delete your Zooch account, it will only delete the data from the device. Therefore, in order to close your account for the Zooch Service, follow the instructions above.

Zooch may at any time, terminate this Agreement with you and access to the Services:

a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Zooch in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

You acknowledge and agree that Zooch may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Zooch shall not be liable to you or any third party for any termination of your access to the Services.

21. Modifications

Zooch reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Zooch reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Services, Zooch will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Zooch shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.

Zooch may modify this Agreement from time to time in its sole discretion. Any and all changes to this Agreement may be provided to you by electronic means (i.e. via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

22. Governing Law and Forum for Disputes

California state law governs this Agreement without regard to its conflicts of laws provisions.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, THE LAWS OF THE STATE OF NEW JERSEY), ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EACH AGREE THAT (I) ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, (II) BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND ZOOCH ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY, (III) YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS, AND (IV) YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Freedom Stack Limited, in care of our registered agent at Global Gateway 8, Rue de la Perle, Providence, Mahe, Seychelles. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at  www.adr.org  or by calling the AAA at 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. We will not seek our attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 22 shall survive expiration, termination or rescission of this Agreement.

23. Allegations of Copyright and Trademark Infringements; Notification

Zooch respects the intellectual property rights of others and Zooch asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the U.S. Digital Millennium Copyright Act):

The information specified above must be sent to Zooch’s Designated Agent, whose contact information is as follows:

Freedom Stack Limited

Attention: DMCA Designated Agent

Global Gateway 8, Rue de la Perle, Providence, Mahe.

Republic of Seychelles

Fax: +1 (646) 200-5834

Email: copyright@freedomstack.com

Please note that Section 512(f) of the U.S. Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

Any information or correspondence that you provide to Zooch may be shared with third parties, including the person who provided Zooch with the allegedly infringing material.

Upon receipt of a bona fide infringement notification by the Designated Agent, it is Zooch’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.

If you believe that your content should not have been removed for alleged copyright infringement, you may send Zooch’s Designated Agent a written counter-notice with the following information:

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

24. Apple Requirements.

If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:

  1. Acknowledgement : You acknowledge that this Agreement is between you and Zooch only, and not with Apple, and Zooch, not Apple, is solely responsible for the software and the content thereof provided by Zooch (the “Software”).
  2. Scope of License : The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
  3. Maintenance and Support : Zooch and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
  4. Warranty : Zooch is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Zooch’s sole responsibility.
  5. Product Claims : Zooch, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights : You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Zooch, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance : You represent and warrant that (i) you comply with all applicable laws in connection with your use of the Services, (ii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Contact Info : Direct any questions, complaints or claims to: Freedom Stack Limited at Global Gateway 8, Rue de la Perle, Providence, Mahe, Seychelles, or  https://www.freedomstack.com/help/
  9. Third Party Terms of Agreement : You must comply with any applicable third-party terms of agreement when using the Software.
  10. Third Party Beneficiary : You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.