Terms of Service
Effective date: [EFFECTIVE DATE] · Last updated: [EFFECTIVE DATE]
These Terms of Service ("Terms") are a binding agreement between you and [ZIZA COMPANY NAME, LLC] ("Ziza," "we," "us," or "our") governing your use of the Ziza mobile application, the getziza.com website, and any related services (together, the "Services"). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy and Community Guidelines, which are incorporated into these Terms. If you do not agree, do not use the Services.
IMPORTANT: Section 12 contains a binding arbitration provision and class action waiver that affect your legal rights. Please read it carefully.
1. Eligibility and Accounts
- You must be at least 13 years old to use the Services. If you are under 18, you may use the Services only with the consent of a parent or legal guardian.
- You agree to provide accurate account information, keep it up to date, and keep your login credentials confidential. You are responsible for all activity that occurs under your account.
- You may not create an account for anyone other than yourself, impersonate any person, or create multiple accounts to evade enforcement.
- Notify us immediately at [email protected] if you suspect unauthorized use of your account.
2. The Services
Ziza is a restaurant discovery platform. It builds a taste profile from your quiz answers and logged verdicts, and generates personalized recommendations, including match percentages. Recommendations, match scores, taste types, and restaurant information are provided for informational purposes only. They are estimates, not guarantees, and we make no promise that any restaurant, dish, or experience will meet your expectations. Restaurant details (such as hours, addresses, menus, and prices) may be inaccurate, incomplete, or out of date, and you should verify them independently.
3. User Content
Your content
"User Content" means anything you post or submit to the Services, including reviews, photos, verdicts, ratings, comments, lists, dish mentions, and profile information. You retain ownership of your User Content.
License to Ziza
By posting User Content, you grant Ziza a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with operating, promoting, and improving the Services, in any media now known or later developed. This license survives termination of your account with respect to content that has been shared with others or incorporated into the Services (for example, aggregate scoring), though we will honor deletion requests as described in the Privacy Policy.
Your responsibilities
- You represent and warrant that you own or have the necessary rights to your User Content, and that it does not infringe or violate any third party's rights or any law.
- User Content must comply with the Community Guidelines. Reviews must reflect your genuine, first-hand experience. If a meal was complimentary or provided at a discount by the restaurant, you must disclose it using the app's paid/comped toggle.
- We may (but are not obligated to) review, moderate, remove, or restrict User Content at any time, for any reason, without notice.
4. Acceptable Use
You agree not to:
- Post fake, misleading, paid-for, or incentivized reviews or verdicts without disclosure, or manipulate ratings or match scores;
- Post content that is unlawful, defamatory, harassing, hateful, obscene, or that violates another person's privacy or intellectual property rights;
- Use the Services to advertise or solicit without our permission, or review a business you own, work for, or compete with without disclosure;
- Scrape, harvest, or copy data from the Services; use bots or automated means to access the Services; or reverse engineer, decompile, or attempt to extract source code from the Services;
- Interfere with or disrupt the Services, circumvent security or access controls, or probe or test the vulnerability of any system;
- Use the Services for any commercial purpose without our prior written consent, or resell or sublicense access to the Services.
5. Ziza's Intellectual Property
The Services — including the Ziza name, logo, app, website, design, software, taste engine, match scores, and all content we create — are owned by Ziza or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app on your personal device for your personal, non-commercial use, subject to these Terms. No other rights are granted. You may not use the Ziza name or marks without our prior written permission.
6. Feedback
If you send us ideas, suggestions, or feedback, you agree we may use them without restriction or compensation to you.
7. Copyright Complaints (DMCA)
If you believe content on the Services infringes your copyright, send a notice to [email protected] that includes: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature. We may remove content alleged to be infringing and may terminate repeat infringers' accounts.
8. Third-Party Services and Content
The Services may contain links to third-party websites, services, or content (including restaurant websites, reservation links, maps, and directions). We do not control and are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.
9. Termination
You may stop using the Services or delete your account at any time. We may suspend or terminate your account or access to the Services at any time, with or without cause or notice, including for violation of these Terms or the Community Guidelines. Upon termination, your license to use the Services ends, but Sections 3 (license), 6, and 10–14 survive.
10. Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. ZIZA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY RESTAURANT INFORMATION, RECOMMENDATION, MATCH SCORE, OR USER CONTENT IS ACCURATE, COMPLETE, OR RELIABLE. YOUR DINING DECISIONS — INCLUDING DECISIONS RELATED TO DIETARY RESTRICTIONS, ALLERGIES, OR FOOD SAFETY — ARE YOUR SOLE RESPONSIBILITY, AND YOU SHOULD CONFIRM ANY DIETARY OR ALLERGEN INFORMATION DIRECTLY WITH THE RESTAURANT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Limitation of Liability and Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ZIZA AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ZIZA'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID ZIZA IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (ii) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Ziza and its officers, members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your User Content; (b) your use or misuse of the Services; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.
12. Dispute Resolution — Binding Arbitration and Class Action Waiver
Please read this section carefully. It requires disputes to be resolved by individual arbitration rather than in court, and it waives the right to participate in class actions.
- Informal resolution first. Before filing a claim, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least 30 days.
- Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by a recognized arbitration provider (such as JAMS or the AAA) under its consumer arbitration rules, rather than in court. The Federal Arbitration Act governs this provision. The arbitration will take place in Orange County, California, or remotely by videoconference, at your election.
- Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
- Class action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.
- Opt-out. You may opt out of this arbitration provision by emailing [email protected] within 30 days of first accepting these Terms, with your name and a clear statement that you opt out of arbitration.
- Severability. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder of this section remains in effect.
13. Governing Law
These Terms and any dispute arising out of them are governed by the laws of the State of California, without regard to conflict-of-laws principles. For any claim not subject to arbitration, you and Ziza consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California.
14. General
- Changes to the Terms. We may update these Terms from time to time. If we make material changes, we will notify you through the Services or by other reasonable means. Continued use of the Services after changes take effect constitutes acceptance.
- Changes to the Services. We may modify, suspend, or discontinue any part of the Services at any time without liability.
- Entire agreement. These Terms, together with the Privacy Policy and Community Guidelines, are the entire agreement between you and Ziza regarding the Services.
- Severability; waiver. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver.
- Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
- Apple and Google. If you downloaded the app from the Apple App Store or Google Play, your use is also subject to the applicable store's terms. Apple and Google are not parties to these Terms and have no obligation to provide support or maintenance for the app.
15. Contact
Questions about these Terms? Email [email protected].