Last updated: 23rd April 2024
This User Agreement applies to the following Zapworks plans:
Starter (previously Solo)
Pro
Developer
Hobbyist
Education
Business accounts with Pro or Basic seats
This User Agreement DOES NOT apply to Enterprise plans. Enterprise users will enter into a separate enterprise agreement with Zappar that is signed by or on behalf of both parties.
The following eligibility requirements apply to Zapworks plans. If you do not satisfy the eligibility requirement specified below, you are not entitled to purchase or use the plan:
Starter. This plan cannot be used, if your revenue or funding is greater than $10 million in the last 12 months.
Pro. This plan cannot be used, if your revenue or funding is greater than $10 million in the last 12 months.
Developer. This plan cannot be used for commercial, trade or professional purposes.
Hobbyist. This plan cannot be used for commercial, trade or professional purposes.
Education. This plan can only be used by schools, school districts and other educational institutions for educational purposes. For-profit organisations working in the Education sector do not qualify for an Education plan.
Enterprise. This plan may be used by anyone who has an enterprise agreement with Zappar and pays the applicable subscription fees. Business Users whose revenue or funding is greater than $10 million in the last 12 months MUST purchase an Enterprise plan.
Please see the Zapworks Terms of Use for the full terms relating to the eligibility requirements for our Zapworks plans.
Subject to you meeting our eligibility requirements, registering with us and paying any fees chargeable on your account Zappar Limited (“Zappar”, “we”, or “us”) grants you the personal, non-exclusive, non-transferrable and limited right to access and use Zapworks subject to the terms and conditions contained in this User Agreement and our Terms of Use for Zapworks https://zap.works/terms/ (the “Terms of Use”) which are incorporated into and form part of this User Agreement.
You should also take time to read the following important policy documents which relate to your use of Zapworks:
Our Content Policy: https://zap.works/unlawful-content-policy/
Our Privacy Notice for Zapworks: https://zap.works/privacy/
Our Cookie Notice for Zapworks: https://zap.works/cookies/
These policies can be accessed and viewed by following the above links and are referred to below as the “Zapworks Policies”.
PLEASE READ THIS USER AGREEMENT AND THE ZAPWORKS POLICIES CAREFULLY BEFORE REGISTERING FOR, ACCESSING AND/OR USING ZAPWORKS. YOU SHOULD ALSO REVIEW OUR ZAPWORKS USER DOCUMENTATION PUBLISHED AT HTTPS://DOCS.ZAP.WORKS/
ZAPWORKS AND ALL OF ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, TRADEMARK RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH ZAPWORKS IS LICENSED TO YOU SOLELY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERM; NOT SOLD TO YOU. BY REGISTERING FOR, ACCESSING OR OTHERWISE USING ZAPWORKS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE ZAPWORKS. THIS USER AGREEMENT CONSTITUES A LEGAL CONTRACT BETWEEN YOU AND ZAPPAR LIMITED FOR THE PROVISION OF ZAPWORKS. THIS USER AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING YOU MAY HAVE HAD WITH ZAPPAR RELATING TO ZAPWORKS.
The following summarises some of the key terms and conditions which apply to your use of Zapworks. The summary is not exhaustive and is not a substitute for reading the full versions of the Terms of Use and Zapworks Policies. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.
1. Defined terms
All defined terms used in this User Agreement have the meaning given to such terms in the Terms of Use unless otherwise defined herein.
2. Data protection and cookies
When you sign up to use Zapworks we may collect personal information from you, e.g. name, postal address, email address, date of birth and payment details. This information will be used to set you up as a user, administer your plan and provide you with access to the features and functionality of Zapworks available for your plan type. Zapworks also uses cookies and similar technologies to enable the services to function properly and for analytics. Further details about how Zappar will use your personal information and cookies can be found in the Privacy Notice and Cookie Notice published on the Zapworks website.
3. Restrictions on use and user content
Your use of Zapworks must be within the scope of the terms of access set out in Section 6.1 of the Terms of Use and is subject to the restrictions set out in Section 6.3 of the Terms of Use. Your use of Zapworks is also subject to a Fair Use Policy which you can find at Section 14 of the Terms of Use. Developer plan users must not use Zapworks for any commercial, trade or professional purposes whatsoever.
Zapworks allows users to connect their content to Content Triggers, e.g. zapcodes, QR codes, deep links. This means content connected to a Content Trigger is publicly available for viewing by users of the associated mobile application or WebAR who activate your Content Trigger. We therefore require all users of Zapworks to comply with the rules for submission of content set out at Sections 9, 10 and 11 of the Terms of Use.
4. Subscription term
Zapworks plans/ subscriptions will continue in force unless and until either of us ends your subscription early as provided for in Section 16 of the Terms of Use. All Zapworks plans will automatically renew at the end of the billing cycle, unless the Account Holder gives notice to Zappar to cancel the plan before their subscription renews.
In line with our refund policy, Developer plan users cancelling their plan/ subscription early will not receive any refund of fees paid for the remaining period.
Notwithstanding the above, Content Triggers not used for more than 12 months are liable to be deactivated.
5. Payment
You agree to pay us the applicable fees for your use of Zapworks, including any Cost per View (CPV) or image look-up charges due on your Zapworks plan, and that we may automatically charge these fees to your credit, debit or other payment card as and when payment falls due.
6. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY
YOUR USE OF ZAPWORKS IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS THAT ARE CONTAINED IN SECTION 22 OF THE TERMS OF USE. THE TERMS OF USE ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN SECTION 23 OF THE TERMS OF USE.
YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THE ABOVE AND YOUR ATTENTION IS DRAWN TO THE FOLLOWING NOTICES:
ON-LINE SERVICES
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix the Zapworks service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
if a time hasn’t been agreed upfront, the service must be carried out within a reasonable time.
DIGITAL CONTENT
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you’re entitled to a repair or a replacement;
if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;
if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of your key rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or (within the UK) call 03454 04 05 06.
7. Governing law and choice of jurisdiction
Please see Section 27 of the Terms of Use for the law and legal jurisdiction which governs your use of Zapworks.
8. Contact details and VAT registration
Zapworks is owned and operated by Zappar Limited a company registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire PH3 1NR, United Kingdom. The Company is VAT registered in the United Kingdom and our VAT registration number is GB 108 3635 25. If you have any queries or complaints concerning Zapworks we can be contacted at the following addresses:
Postal address: Zappar, Barley Mow Centre, 10 Barley Mow Passage, London, W4 4PH, United Kingdom. Email address: contact@zappar.com
Subject to you meeting our eligibility requirements, registering with us and paying any fees chargeable on your account Zappar Limited (“Zappar”, “we”, or “us”) grants you the personal, non-exclusive, non-transferrable and limited right to access and use Zapworks subject to the terms and conditions contained in this User Agreement and our Terms of Use for Zapworks https://zap.works/terms/ (the “Terms of Use”) which are incorporated into and form part of this User Agreement.
You should also take time to read the following important policy documents which relate to your use of Zapworks:
Our Content Policy: https://zap.works/unlawful-content-policy/
Our Privacy Notice for Zapworks: https://zap.works/privacy/
Our Cookie Notice for Zapworks: https://zap.works/cookies/
These policies can be accessed and viewed by following the above links and are referred to below as the “Zapworks Policies”.
PLEASE READ THIS USER AGREEMENT AND THE ZAPWORKS POLICIES CAREFULLY BEFORE REGISTERING FOR, ACCESSING AND/OR USING ZAPWORKS. YOU SHOULD ALSO REVIEW OUR ZAPWORKS USER DOCUMENTATION PUBLISHED AT HTTPS://DOCS.ZAP.WORKS/
ZAPWORKS AND ALL OF ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, TRADEMARK RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH ZAPWORKS IS LICENSED TO YOU SOLELY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERM; NOT SOLD TO YOU. BY REGISTERING FOR, ACCESSING OR OTHERWISE USING ZAPWORKS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE ZAPWORKS. THIS USER AGREEMENT CONSTITUES A LEGAL CONTRACT BETWEEN YOU AND ZAPPAR LIMITED FOR THE PROVISION OF ZAPWORKS. THIS USER AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING YOU MAY HAVE HAD WITH ZAPPAR RELATING TO ZAPWORKS.
The following summarises some of the key terms and conditions which apply to your use of Zapworks. The summary is not exhaustive and is not a substitute for reading the full versions of the Terms of Use and Zapworks Policies. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.
1. Defined terms
All defined terms used in this User Agreement have the meaning given to such terms in the Terms of Use unless otherwise defined herein.
2. Data protection and cookies
When you sign up to use Zapworks we may collect personal information from you, e.g. name, postal address, email address, date of birth and payment details. This information will be used to set you up as a user, administer your plan and provide you with access to the features and functionality of Zapworks available for your plan type. Zapworks also uses cookies and similar technologies to enable the services to function properly and for analytics. Further details about how Zappar will use your personal information and cookies can be found in the Privacy Notice and Cookie Notice published on the Zapworks website.
3. Restrictions on use and user content
Your use of Zapworks must be within the scope of the terms of access set out in Section 6.1 of the Terms of Use and is subject to the restrictions set out in Section 6.3 of the Terms of Use. Your use of Zapworks is also subject to a Fair Use Policy which you can find at Section 14 of the Terms of Use. Hobbyist users must not use Zapworks for any commercial, trade or professional purposes whatsoever.
Zapworks allows users to connect their content to Content Triggers, e.g. zapcodes, QR codes, deep links. This means content connected to a Content Trigger is publicly available for viewing by users of the associated mobile application or WebAR who activate your Content Trigger. We therefore require all users of Zapworks to comply with the rules for submission of content set out at Sections 9, 10 and 11 of the Terms of Use.
4. Duration
Your Zapworks Hobbyist plan (and right to use the Services) will continue unless and until either of us ends your subscription early as provided for in Section 16 of the Terms of Use. Please note, however, that Content Triggers not used for more than 12 months are liable to be deactivated.
Hobbyist users can cancel their plan at any time. Please be aware that your Content Triggers and Zapworks Projects will be disabled upon cancellation of your plan. In line with our refund policy, Hobbyist users cancelling their plan will not receive any refund of any fees paid. This does not affect your statutory rights as a consumer (see below).
5. THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013
The supply of a zapcode is a supply of “digital content” for the purposes of the right to cancel provided for in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (referred to below as the “Contract Regulations”).
You agree to Zappar supplying you with access to your zapcodes and other digital content provided with Zapworks before the end of the cancellation period provided for in regulation 30(1) of the Contract Regulations and you acknowledge that as a consequence the right to cancel the User Agreement under regulation 29(1) of the Contract Regulations will be lost.
6. Payment
Provided your use is for non-commercial purposes, no subscription or license fees are payable by Hobbyist users who use Zapworks. You get a set number of Zapworks Projects for free and can choose to purchase additional Zapworks Projects.
7. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY
YOUR USE OF ZAPWORKS IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS THAT ARE CONTAINED IN SECTION 22 OF THE TERMS OF USE. THE TERMS OF USE ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN SECTION 23 OF THE TERMS OF USE.
YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THE ABOVE AND YOUR ATTENTION IS DRAWN TO THE FOLLOWING NOTICES:
ON-LINE SERVICES
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix the Zapworks service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
if a time hasn’t been agreed upfront, the service must be carried out within a reasonable time.
DIGITAL CONTENT
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you’re entitled to a repair or a replacement;
if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;
if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of your key rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or (within the UK) call 03454 04 05 06.
8. Governing law and choice of jurisdiction
Please see Section 27 of the Terms of Use for the law and legal jurisdiction which governs your use of Zapworks.
9. Contact details and VAT registration
Zapworks is owned and operated by Zappar Limited a company registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire PH3 1NR, United Kingdom. The Company is VAT registered in the United Kingdom and our VAT registration number is GB 108 3635 25. If you have any queries or complaints concerning Zapworks we can be contacted at the following addresses:
Postal address: Zappar, Barley Mow Centre, 10 Barley Mow Passage, London, W4 4PH, United Kingdom. Email address: contact@zappar.com
The following User Agreement applies to those with a Starter, Pro or an Education plan for Zapworks.
Subject to you meeting our eligibility requirements, registering with us and paying the fees chargeable on your plan Zappar Limited (“Zappar”, “we”, or “us”) grants you the personal, non-exclusive, non-transferrable and limited right to permit your Authorised Users to access and use Zapworks during the subscription term subject to the terms and conditions contained in this User Agreement, our Terms of Use for Zapworks https://zap.works/terms/ (the “Terms of Use”) and the Zapworks Data Processing Addendum https://zap.works/dpa/ which are incorporated into and form part of this User Agreement.
You should also take time to read the following important policy documents which relate to your use of Zapworks:
Our Content Policy: https://zap.works/unlawful-content-policy/
Our Privacy Notice for Zapworks: https://zap.works/privacy/
Our Cookie Notice for Zapworks: https://zap.works/cookies/
These policies can be accessed and viewed by following the above links and are referred to below as the “Supplementary Documents”.
PLEASE READ THIS USER AGREEMENT AND THE SUPPLEMENTARY DOCUMENTS CAREFULLY BEFORE REGISTERING FOR, ACCESSING AND/OR USING ZAPWORKS. YOU SHOULD ALSO REVIEW OUR ZAPWORKS USER DOCUMENTATION PUBLISHED AT HTTPS://DOCS.ZAP.WORKS/
ZAPWORKS AND ALL OF ITS ELEMENTS ARE PROTECTED BY COPYRIGHTS, TRADEMARK RIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. ANY SOFTWARE PROVIDED WITH ZAPWORKS IS LICENSED TO YOU SOLELY FOR USE UNDER THIS USER AGREEMENT DURING THE SUBSCRIPTION TERM; NOT SOLD TO YOU. BY REGISTERING FOR, ACCESSING OR OTHERWISE USING ZAPWORKS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT USE ZAPWORKS. THIS USER AGREEMENT CONSTITUES A LEGAL CONTRACT BETWEEN (1) THE REGISTERED ACCOUNT HOLDER AND (2) ZAPPAR LIMITED FOR THE PROVISION OF ZAPWORKS. THIS USER AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING YOU MAY HAVE HAD WITH ZAPPAR RELATING TO ZAPWORKS.
The following summarises some of the key terms and conditions which apply to your use of Zapworks. The summary is not exhaustive and is not a substitute for reading the full versions of the Terms of Use and Supplementary Documents. All prices mentioned below are exclusive of VAT and other sales taxes, and are subject to change.
1. Defined terms
All defined terms used in this User Agreement have the meaning given to such terms in the Terms of Use unless otherwise defined herein.
2. Data protection and cookies
When you sign up to use Zapworks we may collect personal information from you and your Authorised Users, e.g. name, postal address, email address, date of birth and payment details.
This information will be used to set up your plan, administer your plan and provide your Authorised Users with access to the features and functionality of Zapworks available on your plan.
Zapworks also uses cookies and similar technologies to enable the services to function properly and for analytics. Further details about how Zappar will use your personal information and cookies can be found in the Privacy Notice and Cookie Notice published on the Zapworks website.
3. Logins and Authorised Users
Each Login included with your Zapworks plan or purchased by you represents a single-user licence permitting one individual (a “member”) within your entity chosen by you to access and use Zapworks in accordance with the access rights assigned to that Login.
In relation to your Authorised Users, you undertake that:
your Authorised Users will comply with the Terms of Use at all times during the subscription term;
the maximum number of Authorised Users that you authorise to access and use Zapworks will not exceed the number of Logins you have on your Zapworks Account;
you will not allow or suffer a Login to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use Zapworks using that Login;
if you have an Education plan you will not allow anyone under 13 years old to use Zapworks without prior parental consent;
each Authorised User will keep a secure password for their use of Zapworks and each Authorised User will keep their password confidential; and
you will permit Zappar to audit and monitor all use of Zapworks through your Zapworks Account in order to establish compliance with this User Agreement and, if it comes to Zappar’s attention that you have underpaid the fees (including CPV) due to Zappar for your use of Zapworks, you shall pay Zappar an amount equal to the underpayment within five (5) days of demand.
You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, Zapworks through your Zapworks Account and, in the event you become aware of any such unauthorised access or use, you shall promptly notify us.
In the case of corporate entities, the rights provided in this User Agreement are granted to the registered workspace holder only and shall not be considered granted to any subsidiary, holding company or affiliate of the registered workspace holder.
4. Restrictions on use and User Content
Your use of Zapworks must be within the scope of the terms of access set out in Section 6.1 of the Terms of Use and is subject to the restrictions set out in Clause 6.3 of the Terms of Use. Your use of Zapworks is also subject to a Fair Use Policy which you can find at Section 14 of the Terms of Use. BUSINESS USERS INTENDING TO CONNECT YOUR CODE AND/OR ZAPWORKS PROJECT TO MORE THAN 10,000 UNITS OR COPIES OF A PRODUCT OR OTHER ITEM SUCH AS MARKETING COLLATERAL MUST CONTACT US FIRST AS SUCH USE WILL CONTRAVENE OUR FAIR USE POLICY AND INCUR ADDITIONAL CHARGES.
Zapworks allows users to connect their content to Content Triggers, e.g. zapcodes, QR codes, deep links. This means content connected to a Content Trigger is publicly available for viewing by users of the associated mobile application or WebAR who activate your Content Trigger. We therefore require all users of Zapworks to comply with the rules for submission of content set out at Sections 9, 10 and 11 of the Terms of Use.
5. Subscription term
Zapworks plans/ subscriptions will continue in force unless and until either of us ends your subscription early as provided for in Section 16 of the Terms of Use. All Zapworks plans will automatically renew at the end of the billing cycle, unless the Account Holder gives notice to Zappar to cancel the plan before their subscription renews.
In line with our refund policy, Business and Education Users cancelling their plan/ subscription early will not receive any refund of fees paid for the remaining period.
Notwithstanding the above, Content Triggers not used for more than 12 months are liable to be deactivated.
6. Payment
You agree to pay us the applicable fees for your use of Zapworks, including any Cost per View (CPV) or image look-up charges due on your Zapworks plan, and that we may automatically charge these fees to your credit, debit or other payment card as and when payment falls due.
7. DISCLAIMERS, EXCLUSION AND LIMITATION OF LIABILITY
YOUR USE OF ZAPWORKS IS SUBJECT TO CERTAIN SERVICE DISCLAIMERS THAT ARE CONTAINED IN SECTION 22 OF THE TERMS OF USE.
THE TERMS OF USE ALSO CONTAIN PROVISIONS WHICH EXCLUDE OUR LIABILITY TO YOU FOR CERTAIN TYPES OF ECONOMIC AND CONSEQUENTIAL LOSSES AND PLACE A CAP ON OUR OVERALL LIABILITY TO USERS OF THE SERVICE. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE CONTAINED IN SECTION 23 OF THE TERMS OF USE.
8. Governing law and choice of jurisdiction
Please see Section 27 of the Terms of Use for the law and legal jurisdiction which governs your use of Zapworks.
9. Contact details and VAT registration
Zapworks is owned and operated by Zappar Limited a company registered in Scotland with company number SC394617. The Company’s registered office address is The Cairn, Auchterarder, Perthshire PH3 1NR, United Kingdom. The Company is VAT registered in the United Kingdom and our VAT registration number is GB 108 3635 25. If you have any queries or complaints concerning Zapworks we can be contacted at the following addresses:
Postal address: Zappar, Barley Mow Centre, 10 Barley Mow Passage, London, W4 4PH, United Kingdom.
Email address: contact@zappar.com