These Terms of Service and End-User License Agreement (the “Terms”) are a binding agreement between you (“you” or “User”) and Zenith Intelligence Technologies Inc. (“ZI²,” “we,” “us”) governing your access to and use of the ZI² Stream application for iOS and Android (the “App” or “Service”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
ZI² Stream is a casting application. It searches the local network your device is joined to for compatible receivers, and sends video and audio to a receiver you select. It supports receivers that speak DLNA/UPnP, Google Cast, Roku, Miracast, and AirPlay. Depending on what you choose to cast, the App captures your device screen, your camera, your microphone, or a video file you pick, and streams it to that receiver.
The App is provided free of charge. It does not require you to create an account, and it does not include advertising.
You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a binding contract, to use the App. If you use the App on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” includes that organization.
Subject to your compliance with these Terms, ZI² grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, for your personal or internal business use. All rights not expressly granted are reserved.
You will not, and will not permit any third party to: (a) copy, modify, translate, or create derivative works of the App; (b) reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas, except to the limited extent this restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, distribute, or provide the App as a service to third parties; (d) remove or alter any proprietary notices; (e) use the App to build a competing product; (f) circumvent, disable, or interfere with security, licensing, or access-control features; (g) use the App in violation of any law or third-party right; or (h) cast any content you are not authorized to display.
The App lets you cast your screen, your camera, your microphone, and video files you select (“Your Content”). You are solely responsible for Your Content and for how you use the Service. You represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to cast Your Content, and that Your Content and your use of the Service do not infringe or violate any copyright, trademark, privacy, publicity, or other right, and do not violate any law.
ZI² does not host, review, monitor, or control Your Content, and disclaims all responsibility for it. If you cast in a venue open to others, you are responsible for obtaining any public-performance or synchronization licenses that the material requires, and for the consent of anyone you record.
The App operates over the local network your device is joined to, and depends on that network, on your devices, and on the televisions and receivers you cast to. Those are outside our control. We do not guarantee compatibility with, or uninterrupted operation of, any particular device, receiver, television platform, or network configuration. You are responsible for the security, configuration, and lawful operation of your network and equipment.
Receivers such as Chromecast, Roku, AirPlay, Miracast, and DLNA devices are made and operated by other companies, under their own terms and privacy policies. We are not responsible for them.
The App, including all software, design, text, graphics, logos, and the marks “ZI²” and “ZI² Stream,” is owned by Zenith Intelligence Technologies Inc. or its licensors and is protected by intellectual-property laws. These Terms grant you a license, not a sale, and do not transfer any ownership. Third-party names and marks are the property of their respective owners and are used only to identify compatible equipment. Feedback you provide may be used by us without restriction or obligation to you.
We may provide updates, patches, or new versions, and may modify, suspend, or discontinue the App, in whole or in part, at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the App or any feature.
The App and Service are provided “as is” and “as available,” with all faults and without warranty of any kind.
To the maximum extent permitted by law, ZI² and its suppliers and licensors disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the App will be uninterrupted, timely, secure, error-free, or free of harmful components, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
To the maximum extent permitted by law, in no event will ZI² or its officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business, or anticipated savings, or for business interruption, arising out of or relating to these Terms or the App, whether based on contract, tort (including negligence), strict liability, or any other theory, even if advised of the possibility of such damages.
To the maximum extent permitted by law, the total aggregate liability of ZI² for all claims arising out of or relating to these Terms or the App will not exceed the greater of (a) the total amounts you paid to ZI² for the App in the twelve (12) months before the event giving rise to the claim, or (b) USD $50. Because the App is provided free of charge, you acknowledge this limitation is reasonable. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You will defend, indemnify, and hold harmless ZI² and its officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your Content; (b) your use or misuse of the App; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
Your download and use of the App are also subject to the terms of the app-store platform you obtained it from. The following applies to the Apple App Store:
For the Google Play Store, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.
These Terms remain in effect while you use the App. We may suspend or terminate your license at any time if you breach these Terms or as necessary to comply with law or protect the Service. Upon termination, you must stop using and delete the App. Sections 4, 5, and 7 through 15 survive termination.
These Terms are governed by the laws of the State of Maryland, United States, without regard to conflict-of-laws rules, and, where applicable, by the U.S. Federal Arbitration Act. Subject to the arbitration provision below, the state and federal courts located in Washington County, Maryland will have exclusive jurisdiction, and you consent to venue there.
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected] and allowing 30 days to resolve it.
To the extent permitted by law, any dispute not resolved informally will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property misuse. You and ZI² waive any right to a jury trial and to participate in a class, collective, or representative action. If this class-action waiver is found unenforceable, the arbitration provision will be void as to that claim, and the remainder will remain in effect. Where mandatory local consumer law grants you non-waivable rights, for example in the EU or UK, nothing here limits those rights.
You agree to comply with all applicable export-control and sanctions laws, and you represent that you will not use or export the App in violation of them.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and ZI² regarding the App and supersede prior agreements. Severability. If any provision is held unenforceable, the remaining provisions remain in effect. No waiver. Our failure to enforce a provision is not a waiver. Assignment. You may not assign these Terms; we may assign them freely. Force majeure. We are not liable for delays or failures beyond our reasonable control. Notices. We may provide notices in the App or by email.
Zenith Intelligence Technologies Inc.
Attn: Legal
Email: [email protected]