Zermo1. Agreement
These Terms of Service ("Terms") are an agreement between Zermo Brands LLC, a New Jersey limited liability company operating under the ZermoBrands brand ("ZermoBrands," "Zermo Brands," "we," "us," or "our"), and the person or organization accessing our websites, services, products, or business materials ("Customer," "you," or "your").
By using zermobrands.com, submitting an inquiry, entering an order form or statement of work, or using a ZermoBrands service or product, you agree to these Terms unless a separate written agreement controls.
2. Websites, services, and products
ZermoBrands provides and operates commercial services and products, which may include custom systems, bespoke software, marketing campaigns, cloud services, product and app development, operations support, product brands, partnership work, and related consulting or implementation services.
Specific work may be governed by a proposal, quote, statement of work, order form, product agreement, or other written terms. If there is a conflict, the signed or product-specific document controls for that work.
We may improve, modify, suspend, or discontinue public website features, content, or non-contracted services at any time. For paid engagements, material changes are handled according to the applicable written agreement.
3. Customer materials, data, and privacy
You retain ownership of materials, data, files, marks, content, requirements, credentials, and other information you provide to us ("Customer Materials"). You grant us the rights needed to host, copy, process, transmit, display, transform, and otherwise use Customer Materials solely to provide, secure, support, maintain, improve, and document the applicable work and to comply with law.
You are responsible for Customer Materials, including their accuracy, legality, notices, permissions, and any required consent. Do not submit sensitive personal information, regulated health data, payment card data, government identifiers, or confidential third-party material unless we have agreed in writing and the engagement is designed to handle it.
Our handling of personal information is described in the Privacy Policy. Product-specific data processing terms may apply for particular products or services.
4. Intellectual property and deliverables
Unless a written agreement says otherwise, Zermo Brands LLC owns ZermoBrands websites, software, systems, methods, templates, frameworks, pre-existing tools, brand materials, documentation patterns, and other intellectual property we create or bring to an engagement.
Rights in paid deliverables are governed by the applicable statement of work, order form, product agreement, or written license. If no written document grants ownership, you receive a limited, non-exclusive right to use the deliverable for your internal business purposes after payment of all amounts due.
You may provide feedback. We may use feedback without restriction or obligation to you.
5. Acceptable use
You may not use ZermoBrands websites, services, products, or materials to:
- violate law, privacy rights, intellectual property rights, or contractual obligations;
- submit unlawful, fraudulent, malicious, deceptive, or infringing content;
- attempt to gain unauthorized access to systems, accounts, data, or networks;
- interfere with, disrupt, reverse engineer, scrape, overload, or probe systems except as authorized in writing;
- upload malware, exploit code, or content intended to compromise security;
- use a ZermoBrands product or service for high-risk activities where failure could lead to death, personal injury, or severe property or environmental damage unless expressly agreed in writing.
We may suspend or limit access if we reasonably believe use violates these Terms, creates security risk, may harm another party, or may expose us or others to liability.
6. Fees, payment, and taxes
Fees, payment schedules, billing terms, deposits, subscription terms, renewal terms, expense treatment, and cancellation rights are set out in the applicable quote, invoice, proposal, statement of work, order form, or product agreement.
Unless stated otherwise in writing, fees are due in advance or upon invoice and are non-refundable except where required by law. You are responsible for taxes, duties, and similar governmental charges other than taxes based on our income. If an amount is overdue, we may pause work or suspend service after reasonable notice.
7. Confidentiality
Each party may receive non-public information from the other party. Each party will use reasonable care to protect the other party's confidential information and will use it only to perform under these Terms, exercise rights under these Terms, or comply with law. More specific confidentiality terms in a signed agreement control where applicable.
8. Third-party services
Some work may involve third-party platforms, infrastructure providers, APIs, payment services, AI providers, analytics tools, communication tools, or software packages. Third-party services are governed by their own terms and are outside our control unless a written agreement says otherwise.
You are responsible for accounts, licenses, approvals, and lawful access for third-party services you ask us to use or integrate.
9. Warranties and disclaimers
Each party represents that it has authority to enter into these Terms. We will provide paid services using reasonable skill and care.
Except as expressly stated in a written agreement, ZermoBrands websites, services, products, materials, and deliverables are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, and complete security.
10. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.
Unless a written agreement states a different cap, each party's total liability arising out of or related to these Terms will not exceed the amounts paid or payable by you to us for the affected service in the 12 months before the event giving rise to the claim, or US$100, whichever is greater.
The limits above do not apply to payment obligations, confidentiality breaches, misuse of intellectual property, indemnification obligations, or liability that cannot be limited by law.
11. Indemnification
You will defend, indemnify, and hold harmless Zermo Brands LLC and its affiliates, owners, contractors, and representatives from claims, losses, damages, liabilities, costs, and expenses arising from Customer Materials, your use of our websites, services, products, or materials, your violation of these Terms, or your violation of law or third-party rights.
12. Governing law and disputes
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in New Jersey for disputes arising out of or related to these Terms, except either party may seek injunctive relief in any court of competent jurisdiction. Each party waives the right to a jury trial to the fullest extent permitted by law.
13. General
These Terms, the Privacy Policy, and any applicable written agreement are the entire agreement for the relevant subject and supersede prior discussions about that subject. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, financing, or sale of assets.
We may update these Terms by posting a new version. Continued use after an update means you accept the updated Terms.
14. Contact
Legal notices and questions can be sent to:
Zermo Brands LLC
info@zermobrands.com
971 US Highway 202N, Ste R
Branchburg, NJ 08876