PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 23 OF THESE TERMS OF SERVICE CONTAINS AN CLAUSE IN WHICH YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT AND REQUIRING THE ARBITRATION OF ALL DISPUTES, AS WELL AS A CLASS ACTION WAIVER. PLEASE READ SECTION 23 CAREFULLY. THIS WAIVER OF RIGHTS AND THE ARBITRATION REQUIREMENT WILL CONTROL HOW DISPUTES WILL BE RESOLVED. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR UTILIZE THIS WEBSITE.
The services available through this website are provided by Zutobi AB (559099-6517). Throughout this, the Zutobi Website, the terms “we”, “us” and “our” refer to Zutobi. Zutobi offers an iOS application, an Android application and the Zutobi Website (collectively, the “Zutobi Website”), including all information, tools and services available from the Zutobi Website (together referred to as the Zutobi Services”) to you, the user of the Zutobi Website. This offer of the Zutobi Services is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing the Zutobi Website and/or by registering an account on the Zutobi Website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. If you do not agree to all the terms and conditions of this agreement, then you should discontinue use immediately and not access the Zutobi Website or use any services.
Please read these Terms of Service carefully before accessing or using our Site.
Any new features or content which are added to the current Zutobi Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Zutobi Website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Zutobi Website following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms will result in an immediate termination of your Services. In the event of a termination of your service, all amounts paid to that date shall be forfeited and non-refundable.
SECTION 1 - AGE RESTRICTION
SECTION 2 - GENERAL CONDITIONS
Zutobi reserves all rights in and to the Zutobi Website that are not expressly granted to you in these terms. Unless otherwise indicated, the Zutobi Website is our exclusive proprietary property and all source code, databases, functionality, software, the Zutobi Website designs, audio, video, text, photographs, illustrations, and graphics on the Zutobi Website and the trademarks, service marks, logos and other intellectual property contained therein are owned or controlled by us or licensed to us (“Intellectual Property”). We, and our licensors, reserve and retain all rights of intellectual property in the Zutobi Website. All the lesson and testing material, media including images, videos, documents and audio are protected under copyright, or are being used by us within acceptable use policies. Your access to and/or use of the Intellectual Property, in whole or in part, does not limit our exclusive rights thereto or create a grant of rights to you or to any other person or entity.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Zutobi Website through which the service is provided, without express written permission by us.
By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You agree that you are solely responsible to comply with any additional laws or requirements in your state or territory.
You may not use the Zutobi Website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 3 - License
By registering an account, Zutobi grants you a revocable, limited, non-transferable, non-exclusive license to download, use and install the Zutobi Website.
You must only use the information and material provided on the Zutobi Website site for your personal and non-commercial use.
You must not: (1) copy any part of the Zutobi Website or any content, (2) modify or adapt works of the Zutobi Website, (3) distribute, lend, copy, sell, rent, publish or transfer any content, features or functionality of the Zutobi Website, (4) decompile, reverse engineer, disassemble or attempt to gain access to the source code of the Zutobi Website in any way, (5) alter, obscure or remove any intellectual property, proprietary rights notice, copyright and/or trademark symbols or other trademarks from the Zutobi Website, (6) make the application available over a network or other environment permitting access or use by multiple users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (9) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; or (10) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
By registering an account, you consent to Zutobi collecting technical data about your use of the Zutobi Website. You agree that Zutobi owns all rights to any data collected on the Zutobi Website from you by us, and that Zutobi may use the data for any lawful purpose without a duty of accounting.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
In the Service, you may purchase a limited, revocable, personal, non-sublicensable, non-transferable license to access more material during a limited time. These Terms will still apply to any person purchasing this license.
You agree to pay all applicable taxes incurred by you or anyone using your account when making a payment on the Zutobi Website.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We may, at any time, regulate, modify or eliminate purchases with or without notice. Zutobi shall have no liability to you or any third party in the event that Zutobi exercises these rights.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Zutobi Website or in the Service that contains typographical errors, inaccuracies or omissions that may or may not relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related to the Zutobi Website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related to the Zutobi Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related the Zutobi Website, should be taken to indicate that all information in the Service or on any related the Zutobi Website has been modified or updated.
SECTION 6 - COMPLETENESS OF INFORMATION
We are not responsible if information made available on the Zutobi Website is not accurate, complete or current. To the best of our knowledge, the material on the Zutobi Website is accurate. However, the material on the Zutobi Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Zutobi Website is at your own risk. You should refer to your state’s or country’s vehicle code, traffic legislation, and official driver’s manual for exact accuracy.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Zutobi Website at any time, but we have no obligation to update any information on the Zutobi Website. You agree that it is your responsibility to monitor changes to the Zutobi Website.
SECTION 7 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. IN ADDITION, ZUTOBI MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, AND/OR CONTENT WILL FACILITATE OR ENABLE THE USER TO IMPROVE HIS/HER SCORE ON ANY DRIVING EXAM OR ENABLE THE USER TO PASS THAT EXAM IN ANY STATE.
THE EXCLUSIVE PURPOSE OF THE SERVICE IS TO ASSIST USERS IN LEARNING MATERIAL RELEVANT TO THE DRIVER EXAM IN THE USER’S STATE. THE SERVICE IS NOT INTENDED AND MAY NOT BE USED OR RELIED UPON AS AN EDUCATION OR A TRAINING TOOL REGARDING SAFE DRIVING AND/OR HOW TO AVOID AN ACCIDENT.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZUTOBI EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ZUTOBI MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, CONTENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZUTOBI OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
BY ACCESSING AND/OR UTILIZING THE ZUTOBI WEBSITE AND/OR THE ZUTOBI SERVICES, AND/OR BY REGISTERING AN ACCOUNT, YOU FULLY RELEASE ZUTOBI FROM ALL LIABILITY ARISING FROM, BUT NOT LIMITED TO, PROPERTY DAMAGE, DEATH, PERSONAL INJURY, PERSONAL LOSS AND OTHER CIRCUMSTANCES RESULTING FROM YOUR DRIVING ABILITIES OR INABILITIES, ERRORS, LACK OF EDUCATION, MISINTERPRETATION OF LEARNING MATERIALS, OR THE LACK OF LEARNING MATERIAL OR ERRORS IN THE MATERIAL PROVIDED BY ZUTOBI.
IN NO CASE SHALL ZUTOBI, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE ZUTOBI WEBSITETHE ZUTOBI WEBSITE OR ANY SERVICE OR PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING AND WITHOUT LIMITING THE SCOPE OR EFFECT OF THE PREVIOUS, IN NO EVENT SHALL ZUTOBI’S TOTAL LIABILITY TO YOU EXCEED THE RETURN OF AMOUNTS ACTUALLY RECEIVED BY ZUTOBI FROM YOU FOR THE RELEVANT SERVICE(S). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THIS PROVISION SHALL BE MODIFIED TO LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 7 - RELEASE.
In addition to the above, you specifically and expressly release Zutobi, its respective officers, directors, employees, agents, successors and assigns from all liability, direct and indirect, related to any and all claims and demands you may assert against any third party arising out of your use of the Zutobi Website and the Zutobi Services. If you are a California resident, you expressly agree to waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
SECTION 8 - USER CONDUCT
All users of the Zutobi Website shall be responsible for complying with all Terms and Conditions set forth herein as well as all applicable laws, rules and regulations. All unlawful uses of the Zutobi Website and uses of the Zutobi Website in a manner to stalk, harass, defame, disparage, threaten or otherwise violate any third party right, including any intellectual property right of Zutobi or any third party, are hereby prohibited. Zutobi will investigate and prosecute violations of any of the above to the fullest extent of the law.
Zutobi may monitor your use of the Zutobi Website, access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Zutobi or to comply with legal process (for example, subpoenas or warrants); (ii) to prevent fraud; (iii) to undertake necessary customer support; or (iv) to protect the rights, property or safety of Zutobi, its users, or members of the public.
SECTION 9 - AVAILABILITY OF THE SERVICE
We cannot guarantee the Zutobi Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Zutobi Website, resulting in interruptions, delays, or errors. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ’As Is’ and ’As Available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.
SECTION 11 - APPLE AND ANDROID DEVICES
SECTION 12 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Zutobi and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, store providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including without limitation infringement of intellectual and proprietary property.
SECTION 13 - ADVERTISEMENTS AND THIRD-PARTY LINKS
When you use the Zutobi Website, ads may be displayed. These ads are subject to change. You agree, by using the Zutobi Website, that Zutobi and its third-party providers and partners may place advertisements on the Zutobi Website. The Zutobi Website may contain links to third-party advertisers, services or other events or activities not controlled by the Zutobi Website. We do not endorse or assume responsibility for any third-party sites, services, information, materials or products. You expressly acknowledge and agree that Zutobi shall not be, directly or indirectly, held responsible or liable for any loss or damage from your use of such third-party site, service, information, material or product.
SECTION 14 - PURCHASES AND SUBSCRIPTIONS
Zutobi Plus includes full access to the specified course for the duration of the subscription period.
All prices are subject to change without prior notification. Promotion prices and limited-time opportunities may be available for qualifying purchases made during the promotional period. We are unable to offer price protection, refunds or retroactive discounts for previous purchases in the event that we offer a promotional offering or price reduction.
Payment is charged through your iTunes, Google Play, or bank account at confirmation of purchase.
- If you started the subscription using AppStore via iTunes or Google Play via Google, your iTunes or Google Play account will be automatically renewed and charged for renewal unless turned off in iTunes Account Settings or Google Play settings respectively at least 24 hr before the current subscription period ends (including the free trial period). The unused portion of the free trial is forfeited after purchase.
- If you started the subscription using the online payment system on the Zutobi Website - your bank account will be automatically renewed and charged for renewal unless turned off in your Zutobi Account Settings at least 24 hr before the current subscription period ends (including the free trial period). The unused portion of the free trial is forfeited after purchase.
Your subscriptions may be managed by the user and auto-renewal may be turned off in the user’s iTunes Account Settings, Google Play Settings, or Zutobi Account Settings after purchase. However, you are not allowed to cancel the current subscription period during its active subscription period.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Zutobi Website. It is your responsibility to check the Zutobi Website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 - INTELLECTUAL PROPERTY OWNERSHIP AND RIGHTS NOTICES
The Zutobi Website and the Zutobi Services are protected by copyright, trademark, and other and related laws of the United States and foreign countries. You acknowledge and agree that the Zutobi Website and the Zutobi Services, including all associated intellectual property rights, are the exclusive property of Zutobi and its licensors. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Zutobi Website and the Zutobi Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Zutobi used on or in connection with the Zutobi Website and the Zutobi Services are trademarks or registered trademarks of Zutobi in the United States and abroad. Third party trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Zutobi Website and the Zutobi Services are used for identification purposes only and are or may be the property of their respective owners.
SECTION 19 - ZUTOBI CONTENT AND MEMBER CONTENT LICENSE
Zutobi grants you a limited, non-exclusive, non-transferable license to access and view any content on the Zutobi Website solely for your personal and non-commercial purposes. No other rights are granted. You shall not use, copy, adapt, modify, prepare derivative works based upon the Zutobi Website content, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Zutobi Website and the Zutobi Services except as expressly permitted in these Terms and Conditions.
SECTION 20 - USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content on the Zutobi Website (“User Content”). You hereby grant to Zutobi a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Zutobi Website or Services.
Notwithstanding the previous, you acknowledge and agree that you are solely responsible for all User Content that you make available through the Zutobi Website or Services or through Zutobi promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Zutobi Website or Services or through Zutobi promotional campaigns or that you have all rights, licenses, consents and releases that are necessary to grant to Zutobi the rights in such User Content, as contemplated under these Terms and Conditions; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Zutobi’s use of the User Content (or any portion thereof) on, through or by means of the Zutobi Website or the Zutobi Services or Zutobi promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
SECTION 21 – LINKS
The Zutobi Website and Services may contain links to other third-party websites or resources. The availability of such links does not imply an endorsement by Zutobi of such websites or resources or a representation of any kind that the content, products, or services available from such websites or resources, or the persons or entities providing them, is reputable or that it/they should be trusted or utilized. You alone assume and accept all risk arising from your use of any such websites or resources or the content, products or services and you waive all claims against Zutobi regarding your linking to or use of such third-party the websites or resources.
SECTION 22 - CONTACTING ZUTOBI
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org. Address: Slottsträdgårdsgatan 5b, Gävle, Sweden. You may contact Zutobi about other matters by emailing us, through the “Contact” section of the Zutobi the Zutobi Website. You acknowledge and agree that all content of all contacts is and will be the sole and exclusive property of Zutobi and you hereby irrevocably assign to Zutobi all of your right, title, and interest in and to all content of all contacts, including, without limitation, all worldwide intellectual property rights therein.
SECTION 23 - ASSIGNMENT
You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Zutobi’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, shall be null and void and of no effect. Zutobi may assign or transfer these Terms and Conditions to any third party of its choosing, at its sole discretion and without restriction.
SECTION 24 - SECTION 24 - SUCCESSORS AND ASSIGNS.
Subject to the foregoing limitations on assignment, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.
SECTION 25 - NOTICES
Any notices or other communications permitted or required hereunder regarding modifications to these Terms and Conditions, shall be provided by posting to the Terms and Conditions section of the Zutobi Website and they shall be effective upon such posting.
SECTION 26 - NO THIRD-PARTY BENEFICIARIES
These Terms and Conditions do not and are not intended to create any third party beneficiaries or to confer any rights or remedies upon any person other than the Zutobi and you.
SECTION 27 - REMEDIES.
Zutobi’s remedies are cumulative and assertion by Zutobi of any right or remedy does not preclude the assertion by Zutobi of any other rights or the seeking of any other remedies.
SECTION 28 - INJUNCTIVE RELIEF.
In addition to the other relief available hereunder, Zutobi shall have the right to obtain injunctive and other forms of equitable relief, on an ex parte basis and without the need to post a bond, to prevent the breach, the anticipatory breach or a threatened breach of any of the terms and conditions hereof, as well as to prevent an actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
SECTION 29 - PARAGRAPH HEADINGS.
Paragraph headings are for convenience of reference only and shall not affect the interpretation of any of the provisions of these Terms and Conditions.
SECTION 30 - ENTIRE AGREEMENT
Except as they may be supplemented by a document referenced and incorporated herein or by additional Zutobi policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Zutobi and you regarding the Zutobi Website, Application, Services, made via the Zutobi Website, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Zutobi and you regarding the Zutobi Website, Application, Services, and Collective Content (excluding Payment Services).