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These "Terms" outline the agreement between you ("you", "your") and Zigass ("Zigass", "we", "us", "our"), concerning your use of and access to the website located at https://www.zigass.com or/and any other websites owned or operated by WinSberg or any portions thereof (collectively, the "Website"), our mobile app "Zigass" (the "App"), our customer service (including refunds) and any resources, features, functionality, or services available through the Website and/or App (the "Service").

Zigass retains the right at any time and at its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website, the App or the Service (or any part thereof) with or without any notice. You agree that Zigass shall not be liable to you or to any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.

# Acceptance

Your use of the Website and/or App implies that you have read, understood, and agreed to abide by these Terms, which are not limited to Zigass' own and are covered by the General Terms and Conditions of WinSberg LLC. Zigass reserves the right to modify, add, or remove any parts of these Terms without notice or liability to you. By continuing to use the Website and/or App, you accept and consent to all such changes. It is your responsibility to regularly check for updates to these Terms on the Website or App, where all updates to Zigass' terms can only be verified on WinSberg LLC's official website. If you do not agree to these or any future Terms, please refrain from accessing or using the Website or App. Zigass may introduce additional terms, conditions, rules, or requirements for the Website and/or App, all of which you agree to be bound by. Zigass may also provide other services or features with different terms and conditions at its discretion.

# Zigass’s Role in Transactions

Zigass provides a platform for merchants who comply with Zigass's policies to offer and sell certain goods. Zigass is not directly involved in the transaction between buyers and merchants and any rights that you may have in respect of any item are therefore only against the merchant from whom you purchase it and not against Zigass.

Zigass acts as an agent for purposes of processing payments, chargebacks, refunds, customer service and adjustments for transactions between buyers and merchants, receiving and holding transaction amounts on behalf of buyers, charging buyers’ credit cards, and paying merchants amounts buyers owe them. Zigass is financially liable for chargebacks to merchants and resolves disputes between buyers (cardholders) and merchants. Chargebacks related to customers and associated with fraud related risks shall be investigated by Zigass and payment service providers in accordance with their mutual contractual obligations.

Please feel free to contact Zigass Support at https://zigass.com/support_ticket with any questions or concerns.

# Users

The platform offers a variety of media sharing tools, communication features, personalized content, and e-commerce services. By using the Website, App, or Service, you agree that you may receive advertisements and communications from Zigass as part of the Service. When you first sign in, your preferences will be set to receive Call, SMS, Messages, Push notifications and email communications from us and allow Zigass to process your personal data for service-related purposes. You can adjust these preferences at any time in the "Settings" section.

Please keep your user IDs, names, and passwords associated with your account confidential and do not share them with unauthorized parties. While you can have multiple Zigass accounts, using multiple accounts as a single user or sharing one account among multiple users to gain rewards is prohibited.

Any new features enhancing the current Service will be subject to these Terms unless explicitly stated otherwise.

Each user warrants that any information posted or displayed:

• is true, accurate, complete, and lawful;
• is not false, misleading, or deceptive;
• does not contain defamatory, threatening, or offensive content;
• does not promote discrimination based on various factors;
• and does not violate Zigass's policies or other terms.

Users agree to:

• conduct activities in compliance with applicable laws and regulations;
• abide by the terms and any additional agreements;
• refrain from engaging in fraudulent activities or impersonation;
• avoid spamming, phishing, or other unlawful activities;
• not attempt to undermine Zigass's systems or networks;
• and not create liabilities for Zigass or its affiliates through their actions.

# Age Verification

When signing up as a user, you confirm being 13 years or older. Children under 13 cannot use Zigass, and parents/legal guardians cannot accept Terms on their behalf. If your location requires different age conditions for sharing personal data or using the service, you represent that providing your details and our use of them under the Privacy Policy complies with local laws.

# User Communication

Zigass reserves the right to monitor, edit, or remove content at its discretion. By accessing the Website or App, you agree to receive communications from Zigass, including emails, text messages, and social network notifications. Misuse of communication tools, like spamming or sending unsolicited messages violating Terms, is forbidden.

# Privacy

Using Zigass means accepting our Privacy Policy terms

# Ownership

Zigass owns or licenses all rights to Website, App, and Content. You must not alter or remove any intellectual property notices. Access the Service only through Zigass-provided interfaces. Your use of the Service does not grant permission to reproduce or use Zigass's intellectual property.

The Content is for general information; Zigass is not liable for any damages. Seek professional advice before acting on Content. While efforts are made to update information, no guarantees on the accuracy or completeness of the Content are given.

# User Feedback and Content Submissions

zigass welcomes your feedback, but if you send us or post or embed on the Website, App or via any part of the Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (a “Submission”), you represent and warrant to zigass that you either own the Submission or have the right to grant zigass the license set out below.

You agree that in using all or part of a Submission, zigass shall not be required to compensate you for any such license or Submission in addition to the provided possibility to utilize the Service, that any such Submission shall not be considered confidential or non-public once submitted to zigass, and that zigass alone is free to decide whether or not to post or use all or any part of the Submission. In the event that all or part of a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to zigass via the Website, App or otherwise, you: (a) agree not to make any Submission that violates in any way these Terms or which includes Inappropriate content as defined below; (b) automatically grant zigass a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; © subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of any use by us or any of our licensees of any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these Terms.

zigass reserves the right to remove content at any time with or without any notice. Inappropriate content is not permitted on the Website or App. Inappropriate content includes, but is not limited to: firearms, alcohol, illegal drugs and drug paraphernalia, tobacco and tobacco products, adult or pornographic material, offensive material, and obscene material. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. Verbal or written abuse of any kind (including threats of abuse or retribution) of any zigass’s, employee, officer, partner or customer may result in immediate termination of your accounts.

We are not responsible for viruses, spyware, worms or any other malicious software or code and you must not introduce them.

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

# Termination

Zigass shall have the right to terminate your use of the Website, App and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, zigass shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that zigass terminates your use rights, zigass shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.

# Linking and Third Party Content

The Website, App and Service may contain links to third—party websites not under our control or operation. zigass or users may provide any such links only as a convenience; zigass does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App may contain news, advertisements, content, image and information published by various third—party providers. Use of any such third—party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with our content standards from time to time.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without any notice at any time.

# Copyright Infringement

Since we respect artist and content owner rights, it is zigass’s policy to consider notices of alleged infringements.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on zigass, please notify zigass’s copyright agent at ipr@zigass.com. When filing your report, please provide the following information:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on zigass;
• Information reasonably sufficient to permit zigass to contact you, such as your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

# Sales, Custom and Value-added taxes

In an effort to comply with consumer legislation, we strongly encourage our merchants as well as our end customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.

Due to separate and applicable tax jurisdictions, the end customers’ purchases may be subject to specific sales, custom or value-added taxes, (and it is your responsibility to pay these, if applicable), and the shipping time and associated cost may increase. When ordering via the Website or App you are importer of goods and must fully comply with all laws and regulations of the destination country.

# How to purchase

It is easy to make a purchase from the zigass website.

1. Choose a product, pick a variant (colour, size, bundle option)
2. “Add to cart”
3. Сhoose the quantity (the default quantity is 1)
4. “Buy”
5. “Next”
6. Input your personal data and shipping information
7. Check the data and confirm your order.
8. Input bank card data: card number, expiration date and CVV code (card data is encrypted and processed only by the billing system of a bank)

The merchant will receive your order information 2 hours after payment. So if you change your mind within 2 hours of purchase, you can cancel the order at the bottom of the order page (see “How to request a refund”, below).

Please note that it may not always be possible for a merchant to accept an order (perhaps because you live in a country that restricts imports or imposes high import tariffs or for other reasons) and that an order will only become binding if it is accepted by the merchant. It typically takes 1-2 days for a merchant to ship your order although the exact delivery times will vary depending on your location. Your payment may be processed through SIA zigass (Gustava Zemgala gatve 78-1, LV-1039, Riga, Latvia) or zigass USA Inc (701 Palomar Airport Rd Suite 300, Carlsbad, CA 92011).

Please note that if there is a change in the rate of any sales tax between your order date and the date any product is supplied to you, we may be required to adjust the rate of sales tax that you pay.

# Refund terms

You are eligible for a full refund if:

More than 75 days have passed since the purchase date, and the product has not been delivered. This timeframe may be extended in specific cases, with prior notification before order acceptance.

The product's quality significantly deviates from the relevant description on the Website App, making proper use impossible due to defects, undisclosed damages, or substantial inaccuracies in product information.

You change your mind within 14 days of receiving the product, provided you have not altered the product in a way that affects its new condition. Returned items must be in the same condition as received - new items must be unused and complete, while used items must show no signs of damage or additional use.

Returns should be directed to the merchant. Contact customer support to confirm the return address to avoid refund rejection by Zigass. A refund can only be processed after the support team receives proof of the return shipment, and inquiries are addressed within 48 hours.

The following products cannot be returned unless proven defective:

Items unsuitable for return due to health or hygiene reasons if unsealed post-delivery or inseparably mixed with other items.

Unsealed audio/video recordings, software, personalized or handmade goods, items at risk of rapid deterioration, and services fully performed with prior acceptance upon ordering.

Digital content not in a tangible format, accepted for delivery without cancellation rights once the process starts, and goods damaged due to misuse are non-returnable.

Zigass does not cover return shipment costs.

You may qualify for a partial refund if the product's quality slightly differs from the description, still allowing you to enjoy your purchase.

# How to request a refund?

There are several methods to request a refund:

• If it's within 2 hours of purchasing the product, you can cancel the order for a full refund. Navigate to My orders, select the order to cancel, and tap the "Order cancellation" button at the bottom of the order page.
• In case the product you received significantly differs in quality from the zigass website description, showing defects, damage not disclosed, or substantial inaccuracies, go to My orders, select the order for refund, and tap "Product related issues."
• If 60 days (or an extended period per Refund Terms) have elapsed since the purchase without delivery, go to My orders, choose the order for refund, and tap "No" on the green pop-up message.
• Should you change your mind within 14 days of receiving a product, go to My orders, select the order for refund, and tap "Product related issues."

# Refund process

1. Refunds will be credited only to the card used for the initial purchase.
2. We strive to complete valid refund claims within less than 14 days, with a usual processing period of 2-3 days.
   

# Warranty Disclaimer

Zigass, its licensors, or suppliers do not provide any guarantees or warranties regarding the content accessed through the Service. We are not liable for the accuracy, legality, or decency of materials on the Service and do not assure the quality of services or products recommended or purchased through it. Products and services obtained via the Service are provided "AS IS" without warranties from Zigass or others unless explicitly stated in writing by a designated third party. The Service and content, supplied by zigass and its licensors and suppliers, are offered on an "AS-IS" basis without express or implied warranties, including merchantability, fitness for a specific purpose, or uninterrupted, error-free use. For international shipments, manufacturer warranties may not apply, and product standards, instructions, and safety information may not align with destination country regulations. It is your responsibility to ensure products can lawfully be imported into your country. When ordering through the Website or App, you act as the importer and must adhere to your country's laws.

# LIMITATION OF LIABILITY

We do not exclude or limit liability where unlawful, including harm caused by negligence, fraud, or fraudulent misrepresentation. However, to the fullest extent permitted by law, zigass (or its licensors or suppliers) shall not be liable for damages resulting from your use or inability to use the Service, reliance on information provided, or purchase/use of products, merchandise, or experiences via the Website or App. This includes indirect, special, incidental, punitive, or consequential damages, such as loss of profits, goodwill, reputation, or business opportunities. Our liability is limited to the greater of 100 EUR or the amount paid to zigass in the preceding twelve months. We are not liable for matters beyond our reasonable control.

# Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold zigass, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Service (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without zigass’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

# Choice Of Law & Jurisdiction

These Terms and your use of the Service will be interpreted in accordance with the laws of Latvia and all claims and disputes (including non-contractual claims and disputes) arising out of or in connection with your use of the Service will be determined in accordance with the laws of Latvia.

The United Nations Convention on Contracts for the International Sale of Products is hereby excluded from this Agreement.

# Other Terms

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that zigass may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

You and zigass agree that these Terms are the complete and exclusive statement of the mutual understanding between you and zigass, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of zigass, and you do not have any authority of any kind to bind zigass in any respect whatsoever.

# Dispute Resolution

Mandatory, Bilateral Arbitration and Waiver of Class Actions.
Please read this carefully. It affects your rights. YOU AND zigass AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH THE SERVICE, TO THIS AGREEMENT, OR TO THE CONTENT, AND/OR USER SUBMISSION (PUBLIC, PERSONAL AND/OR LIMITED AUDIENCE) ON THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION.

“Disputes” shall include, but are not limited to, any claims or controversies between you and zigass related in any way to or arising out of in any way from the Service, the Content, any Submission, including but not limited to claims or controversies concerning any sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and zigass, even if the claim arises after you or zigass has terminated Service or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that zigass brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and zigass, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with zigass; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

# Dispute Notice

Before initiating an arbitration, you and zigass each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute sent to zigass should be sent to: Gustava Zemgala st. 78-1, LV-1039, Riga, Latvia and emailed to support@zigass.com. zigass will provide a Notice of Dispute to you via the email address associated with your zigass User ID. You and zigass agree to make attempts to resolve the Dispute during the period of 45 days after a Notice of Dispute is given and not to commence an arbitration proceeding until this 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or zigass may commence an arbitration proceeding.

# Arbitration Process and Procedure

Unless you and zigass agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS International Arbitration Rules then in effect (the “JAMS Rules”) and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside or some other place reasonably convenient to you. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and zigass expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND zigass ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and zigass each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

# Hearing

If your claim does not exceed 5,000 EUR, you and zigass agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and zigass submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or zigass, or deemed necessary by the arbitrator, you and zigass agree that the hearing will be conducted telephonically or videographically.

# Arbitrator’s Decision

An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

# Fees

It is each parties’ responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed 5,000 EUR, zigass will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).

# Small Claims & Government Actions

As an alternative to arbitration, you or zigass may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against zigass on your behalf.