Terms & Conditions for Zimmify

Effective Date: October 27, 2025

Last Updated: December 6, 2025

These Terms & Conditions (the "Terms," "Agreement," or "Terms of Service") govern your access to and use of the Zimmify mobile application (the "Application," "App," or "Service") for iOS devices, developed and operated by Zimmify Private Limited (the "Company," "we," "us," or "Service Provider"). The Application is provided as a commercial service.

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

These Terms constitute a legally binding agreement between you and Zimmify Private Limited. Please read them carefully before using the Application.

1. Acceptance of Terms

By creating an account, using the Application in guest mode, or otherwise accessing any part of the Application, you acknowledge that you have read, understood, and agree to be bound by:

If you are using the Application on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility and Age Requirements

2.1 Minimum Age

You must be at least 13 years old to use the Application.

2.2 Apple Music Subscription

2.3 Capacity to Contract

By using the Application, you represent that:

3. License to Use the Application

3.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

3.2 License Restrictions

You shall NOT:

3.3 Ownership

The Application and all intellectual property rights therein remain the exclusive property of Zimmify Private Limited. These Terms do not grant you any ownership rights to the Application.

4. User Accounts

4.1 Account Creation

To access certain features, you may create an account using:

You may also use the Application in guest mode with limited functionality (no AI recommendations, no backend sync, no cross-device continuity).

4.2 Account Security

You are responsible for:

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Accuracy

4.4 One Account Per User

5. Subscription and Payment Terms

5.1 Free Service

The Application is currently offered free of charge. However, you are responsible for:

5.2 Future Paid Features

We reserve the right to introduce paid features, subscriptions, or in-app purchases in the future. If we do:

5.3 Refund Policy

For any future paid features or subscriptions:

5.4 Price Changes

We reserve the right to modify pricing for future paid features at any time. Changes will be communicated in advance, and continued use after price changes constitutes acceptance.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Application to:

6.2 Prohibited Activities

You shall NOT use the Application to:

Illegal Activities

Harmful Content

System Abuse

Fraud and Deception

Privacy Violations

6.3 Enforcement

Violation of this Acceptable Use Policy may result in:

7. User Content and Intellectual Property

7.1 Your Content

"User Content" includes any data you provide to the Application, such as:

7.2 License to Your Content

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to:

Important: We do NOT claim ownership of your User Content. You retain all ownership rights. We delete photos and voice recordings immediately after processing (see Privacy Policy for details).

7.3 Representations and Warranties

By submitting User Content, you represent and warrant that:

7.4 Our Intellectual Property

All content and materials provided by the Application (excluding User Content) are owned by Zimmify Private Limited and protected by copyright, trademark, and other intellectual property laws, including:

7.5 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Application ("Feedback"), you agree that:

8. Third-Party Services and Integrations

8.1 Apple Music Integration

The Application integrates with Apple Music and requires:

We do NOT:

8.2 Artificial Intelligence Services

The Application uses third-party AI services to provide recommendations. We may use services from providers including but not limited to OpenAI, Google (Gemini), Anthropic (Claude), xAI (Grok), Perplexity, and similar AI providers. You acknowledge that:

8.3 Amazon Web Services (AWS)

The Application's backend is hosted on AWS. By using the Application, you acknowledge that:

8.4 Firebase Analytics

The Application uses Firebase (a Google service) for crash analytics and performance monitoring. By using the Application, you acknowledge that:

8.5 RevenueCat

The Application may use RevenueCat for subscription and purchase management. By using the Application, you acknowledge that:

8.6 Third-Party Links and Services

9. AI-Generated Recommendations and Disclaimers

9.1 Nature of AI Recommendations

The Application provides AI-powered music recommendations. You understand and agree that:

9.2 User Control

9.3 No Professional Advice

The Application does NOT provide professional advice. Specifically:

9.4 Health Warnings

PHOTOSENSITIVITY AND EPILEPSY WARNING

The Application contains animated visual elements, including colorful and dynamic visual effects (such as animated blobs and gradient animations) that may potentially trigger seizures in people with photosensitive epilepsy or other photosensitive conditions.

If you or anyone in your family has a history of epilepsy or seizures, consult a physician before using the Application.

We are not responsible for any adverse health effects that may result from using the Application, including but not limited to seizures, headaches, eye strain, or other physical discomfort. You use the Application at your own risk.

10. Service Availability and Modifications

10.1 Service Availability

We strive to provide reliable service, but we do NOT guarantee that:

10.2 Maintenance and Downtime

10.3 Updates and Modifications

We reserve the right to:

You agree to accept updates when offered. Failure to update may result in reduced functionality or inability to use the Application.

10.4 iOS Compatibility

11. Internet Connectivity and Data Charges

11.1 Internet Connection Required

Certain features require an active internet connection:

Offline features (music playback, queue management) may function without internet, but with limited capabilities.

11.2 Data Charges

We are not responsible for any data charges or overage fees you incur.

11.3 Permission from Bill Payer

If you are not the person responsible for paying for the device or data plan, you represent that you have obtained permission from the bill payer to use the Application.

12. Termination

12.1 Termination by You

You may terminate your use of the Application at any time by:

12.2 Termination by Us

We reserve the right to suspend or terminate your account or access to the Application, at our sole discretion, without notice or liability, for any reason, including but not limited to:

12.3 Effect of Termination

Upon termination of your account or access:

12.4 Service Discontinuation

We reserve the right to discontinue the Application entirely at any time. If we do:

13. Disclaimers and Warranties

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

13.1 "AS IS" and "AS AVAILABLE" Basis

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

13.2 Third-Party Services

13.3 User Responsibility

13.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you. You may have additional rights that vary by jurisdiction.

14. Limitation of Liability

IMPORTANT: THIS SECTION LIMITS OUR LIABILITY TO YOU.

14.1 Exclusion of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIMMIFY PRIVATE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APPLICATION SHALL NOT EXCEED:

14.3 Exceptions

Nothing in these Terms shall exclude or limit liability for:

14.4 Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

14.5 Basis of the Bargain

You acknowledge that these limitations of liability are fundamental elements of the agreement between you and us, and that we would not provide the Application without these limitations.

15. Indemnification

You agree to indemnify, defend, and hold harmless Zimmify Private Limited, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to:

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent.

16. Dispute Resolution and Arbitration

16.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at contact@zimmify.com to attempt to resolve the issue informally. We will attempt to resolve disputes in good faith within 30 days.

16.2 Binding Arbitration

If informal resolution is unsuccessful, you and Zimmify Private Limited agree that any dispute arising from or relating to these Terms or the Application shall be resolved through binding arbitration, rather than in court, except as provided below.

Arbitration shall be conducted by a neutral arbitrator in accordance with:

16.3 Exceptions to Arbitration

Either party may bring a claim in small claims court if the claim qualifies. Additionally, either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights.

16.4 Class Action Waiver

YOU AND ZIMMIFY PRIVATE LIMITED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

16.5 Opt-Out

You may opt out of the arbitration agreement within 30 days of first using the Application by sending a written notice to contact@zimmify.com with the subject "Arbitration Opt-Out" and including your name and email address.

16.6 Jurisdictional Variations

If you are located in a jurisdiction where arbitration agreements are not enforceable (e.g., European Union), this arbitration provision does not apply to you, and disputes will be resolved as described in Section 17 (Governing Law).

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

17.2 Exclusive Jurisdiction (If Arbitration Does Not Apply)

If the arbitration provisions do not apply, you agree that any legal action or proceeding arising from or relating to these Terms or the Application shall be brought exclusively in the courts located in Bangalore, Karnataka, India, and you consent to the personal jurisdiction of such courts.

17.3 International Users

If you are accessing the Application from outside India, you are responsible for compliance with local laws. We make no representation that the Application is appropriate or available for use in all locations.

18. Export Compliance

The Application and related technology may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export restrictions and regulations, including but not limited to:

You represent and warrant that:

19. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

Our obligations shall be suspended during the period such force majeure event continues, and we will have an extension of time for performance equal to the duration of the event.

20. Miscellaneous Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zimmify Private Limited regarding the Application and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

20.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Zimmify Private Limited.

20.4 Assignment

20.5 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Zimmify Private Limited. You have no authority to bind us in any manner.

20.6 Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Zimmify Private Limited.

20.7 Notices

We may provide notices to you through:

You may provide notices to us at contact@zimmify.com.

20.8 Survival

The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.

20.9 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

20.10 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

21. Changes to These Terms

We reserve the right to modify or update these Terms & Conditions at any time, at our sole discretion, for any reason, including but not limited to:

21.1 Notice of Changes

When we make material changes, we will:

21.2 Acceptance of Changes

22. Contact Information

If you have any questions, concerns, or feedback about these Terms & Conditions, please contact us:

Zimmify Private Limited
NO 8, APT# 001 "OYSTERS HIMANSHU"
NAGAWARA CIRCLE, THANISANDRA MAIN ROAD
BANGALORE-45, KARNATAKA, INDIA

Email: contact@zimmify.com
Subject Line for Legal Inquiries: "Terms & Conditions Inquiry"
Subject Line for Arbitration Opt-Out: "Arbitration Opt-Out"

We will respond to inquiries within a reasonable timeframe, typically within 5-10 business days.


Acknowledgment

BY USING THE ZIMMIFY APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS & CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

If you do not agree to these Terms, you are not authorized to use the Application and must immediately discontinue use.


These Terms & Conditions were last updated on December 6, 2025.
© 2025 Zimmify Private Limited. All rights reserved.