These Terms of Service ("Terms") govern your use of the Z360 platform, including our web application, mobile applications, and related services (the "Services"), provided by Z360BIZ LLC ("Z360," "we," "us," or "our") at www.z360.biz (the "Site"). By creating an account, signing an Order Form, or using the Services, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, Messaging and Calling Terms, and any Order Form (together, the "Agreement"). If you accept on behalf of an organization, you confirm you have authority to bind it ("Customer" or "you").
1. Definitions
1.1"Approved Abilities" means the actions you enable Z360 to perform on your behalf, such as booking an appointment or updating a record.
1.2"Customer Data" means the data you or your users provide to or connect with the Services, including conversations, contacts, call recordings, and transcripts.
1.3"Order Form" means the plan, term, price, and limits you select at checkout or agree to in writing.
1.4"Wallet" means the prepaid balance used to pay for usage of the Services.
2. Z360 Services
2.1Access. During your subscription, and subject to payment, we grant you a limited, non-exclusive, non-transferable right to use the Services for your internal business purposes.
2.2Accounts. You must be 18 or older to create an account. You are responsible for keeping your credentials secure and for all activity under your account, including by your personnel. Each login is for one person, and account owners and admins manage users and roles.
2.3The Services. Z360 provides a shared inbox for customer conversations across channels, contact and pipeline tools, an AI teammate that carries out Approved Abilities with supervision and handoff for unusual cases, an AI voice agent, and integrations with other business tools.
2.4AI features. AI outputs may be inaccurate or incomplete. You are responsible for reviewing important outputs before relying on them.
2.5Trials and beta features. Trials and beta features are provided "as is," may change or end at any time, and may have reduced support. Convert to a paid plan before a trial ends to keep your trial data.
2.6Changes to the Services. We may improve, modify, or discontinue features. If we materially reduce core functionality, you may terminate the affected Service and request a pro-rata refund of prepaid fees.
3. Customer Data and Customer Obligations
3.1Your data. You own your Customer Data and grant us the rights needed to provide the Services. You confirm that you have the right to use it and that it does not violate the law or anyone's rights.
3.2Lawful use. You must comply with applicable laws, including messaging, calling, and call-recording laws and carrier rules, and obtain all required consents.
3.3Supervision. You are responsible for configuring and supervising the Approved Abilities you enable.
3.4Voice cloning. You may upload a voice sample only with the speaker's consent.
3.5Policies. You must comply with our Acceptable Use Policy and Messaging and Calling Terms.
4. Security and Privacy
4.1You are responsible for keeping your account secure and managing who has access.
4.2Our Privacy Policy explains how we handle personal data and Customer Data. We will sign a Data Processing Addendum on request.
5. Third-Party Services
5.1You may connect third-party services to Z360. We are not responsible for their availability or terms, and your use of them through the Services must comply with their policies. For a HIPAA Organization, Z360 remains responsible for its own connectors and the providers it engages to process PHI, as the BAA provides.
5.2Phone numbers and messaging are subject to carrier rules, and carrier registration and number porting depend on carrier approval.
6. Ownership
We and our licensors own the Services, documentation, and all related intellectual property. No rights are granted except as stated in these Terms. If you give us feedback, we may use it without obligation.
7. Fees and Payment
7.1Fees. Fees are set out in your Order Form or plan and are billed in advance. You authorize us and our payment processor to charge your payment method, and you are responsible for applicable taxes. Unless stated otherwise in these Terms, an Order Form, or a signed BAA, fees are non-refundable.
7.2Usage. Usage-based services, such as calls, messages, and AI, are paid from your Wallet at the rates shown in the app. Some plans include a free trial or included credit. Fair-use limits apply, and a low balance may pause usage until it is topped up. If you dispute a payment, we may reverse the related Wallet credit.
7.3Cancellation and refunds. You may cancel at any time in the app, effective at the end of the billing period. Your organization is paused, not deleted. Wallet top-ups are non-refundable, except at our discretion.
8. Term and Termination
8.1Renewal. Subscriptions renew automatically for the same term unless cancelled before renewal.
8.2Termination. Either party may terminate for material breach not cured within 15 days of notice. Breaches of a signed BAA follow the cure period in the BAA. We may also terminate for convenience with 30 days' notice and refund unused prepaid fees.
8.3Suspension. We may suspend access, with notice where practical, for non-payment, policy violations, security risks, or legal requirements, and will restore access once resolved.
8.4Effect of termination. When the Agreement ends, your right to use the Services ends. If an account owner deletes an organization, or after termination, its data may be permanently deleted after 30 days, subject to legal requirements, or for a HIPAA Organization, as the BAA provides. Provisions that by their nature should survive will survive.
9. Disclaimers
Except as expressly stated in these Terms or a signed BAA, the Services are provided "as is" and "as available," without warranties of any kind. We do not warrant that the Services will be uninterrupted or error-free. You are responsible for reviewing actions and outputs.
10. Availability and Support
We use commercially reasonable efforts to keep the Services available and provide support by email and phone during business hours. Scheduled and emergency maintenance may occasionally affect availability.
11. Limitation of Liability
Except as provided in a signed BAA for claims relating to PHI, neither party is liable for indirect, incidental, special, consequential, or punitive damages, and each party's total liability is limited to the fees paid or payable in the 12 months before the claim, to the maximum extent permitted by law.
12. Indemnification
12.1You will indemnify us against third-party claims arising from your unlawful use of the Services, your violation of third-party rights, or your Customer Data, except as provided in Section 16.3 for PHI.
12.2We will defend you against claims that the Services infringe a U.S. intellectual property right, excluding your data, configurations, and third-party components. We may resolve such claims by obtaining rights, modifying the Services, or refunding unused prepaid fees.
13. Confidential Information
Each party will protect the other's confidential information with reasonable care, use it only to perform under the Agreement, and share it only with personnel and providers bound by similar obligations.
14. Publicity
We may name you as a customer unless you opt out by contacting help@z360.biz.
15. General Terms
15.1Changes. We may update these Terms and will notify you of material changes by email or in the app. Continued use means you accept the changes, subject to Section 16.3.
15.2Governing law. These Terms are governed by the laws of the State of Wyoming, with exclusive venue in the state or federal courts of Sheridan, Wyoming.
15.3Other terms. Neither party may assign the Agreement without consent, except to an affiliate or in a merger or acquisition. The parties are independent contractors, force majeure and severability apply, and notices go to the addresses in your Order Form or on our Site.
16. Healthcare Customers and HIPAA
16.1Standard accounts. The standard Services are not designed for protected health information ("PHI") under the Health Insurance Portability and Accountability Act ("HIPAA"). Do not submit PHI to a standard account.
16.2HIPAA Organizations. If you are a covered entity or business associate under HIPAA, you may use the Services with PHI only after (a) you and Z360 sign our Business Associate Agreement ("BAA"), and (b) Z360 enables HIPAA mode for your organization and confirms activation in writing (a "HIPAA Organization"). Only the services listed as covered in the BAA may be used with PHI. Other features may remain available for work that does not involve PHI.
16.3The BAA controls. For a HIPAA Organization, these Terms, our Privacy Policy, and your Order Form continue to apply together with the BAA. If they conflict on any of the following, the BAA controls: (a) the use, disclosure, safeguarding, retention, return, or deletion of PHI; (b) Z360's liability relating to PHI, including breach-response costs; (c) any indemnity by you relating to PHI; (d) refunds the BAA provides; and (e) termination rights and cure periods for breach of the BAA. A change to these Terms or our Privacy Policy does not reduce your rights under a signed BAA unless the BAA is amended as it allows.
16.4Your responsibilities. You remain responsible for your own HIPAA compliance, your users, consents required for calls and recordings, and agreements with third-party services you contract with directly.
Contact Us
If you have any questions about these Terms, please contact us at help@z360.biz or (469) 200-1097.