Terms of Service

Welcome to zezam!

These Terms of Service ("Terms") govern your use of the website, web app, and services (together or individually, "Service") offered by KAHA GmbH ("zezam", "we", "our", "us", "Company"). "You" refers to you as a user of the Service.

Your privacy is important to us. Our Privacy Policy explains how we collect, safeguard, and disclose information that results from your use of our Service, and also governs your use of our Service.

Please read it here: Privacy Policy

Please read these terms carefully. By using our Service, or otherwise indicating your acceptance, you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, please do not access or use our Service.

zezam Community Standards

Trust and safety are major priorities for zezam. We've created these standards to articulate what is and isn't allowed on our platform.

Please review these standards. All zezam users must abide by these standards to continue using the zezam platform.

If you come across any content on a zezam page that violates these standards, please email contact@zezam.io with the following information:


  • Username or URL of zezam page you are reporting
  • Complaint about the page
  • Your name and email (so we can keep you updated on the status of our violation review)

Adult content

Helping website visitors make informed decisions is incredibly important to us at zezam. We add informational labels to links that may not be appropriate for visitors of all ages. Specifically, if you're linking out to adult content on your page, the sensitive content notice will be turned on. You must ensure the content on your page itself is suitable for all ages, and make sure what you are linking to is legal in your region.

Hate speech

Diversity of thought is important to us at zezam, but we do not permit content that discriminates against people, incites hate or violence, or inflicts harm.

Illegal goods and services

zezam does not permit the exchange of illegal goods or services through the platform. These illegal goods and services include:


  • Alcohol
  • Drugs
  • Weapons
  • Body parts
  • Adoptions
  • Counterfeit goods
  • Embargoed goods
  • Endangered or protected species or parts of these species
  • Fireworks
  • Explosives
  • Hazardous materials
  • Toxic materials
  • IDs
  • Personal information
  • Regulated living species
  • Recalled items
  • Stolen items
  • Tobacco based products
  • Multi-level marketing offers
  • Gambling
  • Human trafficking
  • Prostitution


Copyrighted content

Preserving intellectual property is important to us. We do not allow the uploading of any content that infringes on copyrights, trademarks, or patents.

Violent content

We have a no tolerance policy for any content featuring violent or disturbing content.

Spam

We absolutely do not permit spams or scams. Creators cannot use their pages to engage in any spams or scams.

Harassment

We prioritize protecting all visitors so we do not permit any form of intimidation, harassment, or bullying.

Child harm

We do not tolerate child harm or any content that endorses child harm in any way. We actively report any cases of possible child harm to relevant national authorities.

Self-harm

We encourage people's journeys through recovery but we do not permit any content that encourages any form of self-harm.

Privacy

Individual privacy is critically important to us at zezam, so we do not permit the sharing of any personal identifying information.

Usernames

We do not allow creators to exchange zezam usernames for money. If you pick a username, you must do so with the intention of using it.

Account Terms

No Use by Minors Under 18

Our Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of zezam, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of Service.

Account Creation

When you create an account with us, you guarantee that you are above the age of eighteen (18), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at contact@zezam.io.

Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms.

You agree not to use Service:

  • (a) In any way that violates any applicable national or international law or regulation.
  • (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • (c) To transmit, or procure the sending of, any advertising or promotional material, including any junk mail , chain letter, spam, or any other similar solicitation.
  • (d) To impersonate or attempt to impersonate zezam, a zezam employee, another user, or any other person or entity.
  • (e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • (f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Service, or which, as determined by us, may harm or offend zezam or users of Service or expose them to liability.

Additionally, you agree not to:

  • (a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party's use of Service, including their ability to engage in real-time activities through Service.
  • (b) Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • (c) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • (d) Use any device, software, or routine that interferes with the proper working of Service.
  • (e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • (g) Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • (h) Take any action that may damage or falsify Company ratings.
  • (i) Otherwise attempt to interfere with the proper working of Service.

Your obligations

  • You warrant that you are over 18 and legally able to enter into, and to be bound by, this Agreement.
  • You warrant that Your use of the Services and the Tool does not display or transfer any material which is obscene, racist, pornographic, offensive, defamatory, threatening, blasphemous or in breach of any third party Intellectual Property Right(s) such as trademark infringement.
  • You warrant that you will comply with all applicable laws, rules and regulations e.g. marketing laws and privacy laws including, but not limited to, the EU-directive (2002/58/EC) and the General Data Protection Regulation (EU 2016/679).Specifically, You are aware of the marketing laws on ad labeling and warrant that you will specify that it is the Advertiser who is marketing the products and not You.
  • You shall inform Visitors about the use of third party cookies and other tracking technologies. You shall provide detailed information about such processing and an explanation as to how it can be disabled. Subject to applicable data protection legislation, You must gain Visitors’ consent to such data processing. You shall also inform Visitors about the possible transfer of their personal data from an EEA country to third countries and must also gain Visitors’ consent to such transfer of personal data.
  • You agree not to use or copy any content or information on the Tool outside the scope of the Services, without the prior written permission of zezam.
  • You hereby grant zezam a worldwide, nonexclusive, royalty free license to the images and links you use in connection with the Services.
  • You agree not to link to considerably different products than the ones represented on the picture.

Fees and Payment

Purchases

If you wish to purchase any product or service made available through our Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions

Some parts of our Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it, or zezam cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting zezam customer support team at contact@zezam.io.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide zezam with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize zezam to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, zezam will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Zezam in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

zezam will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content Policy

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on any of these rights.

You retain any and all of your rights to any Content you submit, post, or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Zezam has the right but not the obligation to monitor, edit, and remove all Content provided by users. It is your responsibility to exercise judgment when posting content on the Service. The following types of content are not allowed:

  • Nudity and sexually explicit content
  • Violent, dangerous, or graphic content
  • Hate speech
  • Harassment and cyberbullying

In addition, Content found on or through this Service are the property of zezam or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Payouts and payment terms

  • zezam pays commission for each Approved Click. Payments made by zezam may be paid out from zezam’s group company KAHA GmbH
  • In the Tool you find information of the amount of the commission per Approved Click for each individual product. Commission levels are established by the Advertisers and/or zezam and may be varied from time to time. In order to improve the functionality, zezam may add products from advertisers who are not yet Advertisers whereby no commission will be paid.
  • You are obliged, upon request, to send links, pictures and the like to the content that has generated the traffic You have received. You must be able to prove to zezam where the traffic comes from to get paid.
  • The total commission shown in the tool is preliminary.
  • Payment to You will be made in one of the following ways;
    a) directly to Your bank account. You need to specify the details of Your bank account (including IBAN and SWIFT ) in the Tool, in order to receive payment. You will receive a payslip. You are responsible for the payment of all tax and national insurance payable on any payments made to You by zezam. 
  • Payments will only be made once the total commission has reached EUR 100 or equivalent rounded amount in other local currency. The minimum payment amount may be lower than EUR 100 in some markets. The payment is made after receipt of payments from Advertisers.
  • Payment is made monthly in arrears and the next payment date can be found in Your interface.
  • zezam reserves the right to write off commission where a program is closed, where You have been suspended from the Tool or if Your account has been inactive for a period of more than 6 months.
  • zezam reserves the right to write off commission where zezam deems the traffic to be of poor quality. It may be but not limited to traffic that comes from non-relevant sources, paid traffic or traffic with low conversion to sales.
  • zezam reserves the right to withhold payments of too high paid commissions from next payments and/or demand prompt repayment of such paid commissions.

Intellectual Property

Infringement Policy

We respect the intellectual property rights of others, and we ask our users to do the same. It is our policy to promptly process and investigate notices of alleged infringement, including claims that Content posted on the Service infringes the intellectual property rights of others, and we will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement.

When we remove or disable access in response to a notice, we will make a reasonable attempt to contact the affected member, provide information about the notice and removal and, in cases of alleged copyright infringement, provide information about how to submit a counter-notice. We may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, please submit your claim via email to contact@zezam.io to our Copyright Agent with the following information:

  • (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • (c) a description of where the material you claim is infringing is located on the Service, including identification of the URL, and with enough detail that we may find it on the Service;
  • (d) your address, telephone number, and email address;
  • (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

We may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right.  We may reject notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith and reserve the right to act against abusers of this policy.

We accept counter-notices for copyright notices only.  If you have a good faith belief that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • (a) your physical or electronic signature;
  • (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the registered court located in Berlin, Charlottenburg and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

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

The above information should be sent to zezam’s Copyright Agent by email to the following address: contact@zezam.io

You may also contact us by mail at:

KAHA GmbH

Copyright Agent

Brunnenstraße 185

10119 Berlin

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims made regarding infringement or non-infringement of any Content found on and/or through Service. If you are not sure whether the Content is infringing, please contact an attorney before submitting a notice or counter-notice.  Fraudulent or abusive notices or other misuse of our Infringement Policy may result in account termination or other legal consequences.  Per the Termination section of these Terms, we reserve the right to terminate or suspend user accounts at any time, for any reason, and without prior notice.

Third-Party Services

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Plausible

We use Plausible Analytics to collect anonymous usage data for statistical purposes. The data is aggregated and shared with the page owner. Each page owner only has access to usage data for their own zezam page. No personal data is collected and no individual visitors are tracked. Importantly, we never use any invasive tracking tool like Google Analytics on public zezam pages.

For more information on the privacy practices of Plausible, please visit the Plausible Privacy Terms web page: https://plausible.io/privacy

We also encourage you to review the Plausible's policy for safeguarding your data: https://plausible.io/privacy-focused-web-analytics

Error Reporting and Feedback

You may provide us either directly at contact@zezam.io or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

Sentry

Sentry is an open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy

Links to Other Web Sites

Our service may contain links to third party web sites or services that are not owned or controlled by zezam.

Zezam has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that zezam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

Legal Matters

Disclaimer of Warranty

These services are provided by zezam on an as is and as available basis. Zezam makes no representations or warranties of any kind, express or implied, as to the operation of Service. You expressly agree that your use of Service is at your sole risk.

Neither zezam nor any person associated with zezam makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of Service, or that Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that Service is free of viruses or other harmful components, or that Service will otherwise meet your needs or expectations.

Zezam hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties or merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages.

Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws registered court HRB Berlin, Charlottenburg without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Amendment to Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver and Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

By using Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.

Contact us

Please send your feedback, comments, and requests for technical support by email: contact@zezam.io