Terms & Conditions

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These Terms & Conditions govern your access to and use of ZapCount, including our website, mobile applications, APIs, and related services (collectively, the "Service"). ZapCount is operated by Bino Solutions ("ZapCount", "we", "us", or "our").

By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. What ZapCount Is

ZapCount is an AI-based image counting service that analyzes photos and other images to estimate the number of visible objects in an image and may provide visual overlays or annotations.

The Service is designed as a general-purpose counting aid only. It is not guaranteed to be accurate, complete, or fit for any specific purpose.

2. Eligibility and Accounts

You must be legally able to enter into a binding agreement to use the Service.

Some features may be available without an account, while other features may require you to sign in. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You must provide accurate information and keep it up to date.

3. User Content

You may upload images, prompts, markings, crop selections, and other content through the Service ("User Content").

You retain ownership of your User Content. However, you grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, process, analyze, modify, and display that User Content as necessary to operate, improve, secure, maintain, and provide the Service, including to train or fine-tune AI models used by the Service.

This includes processing through our infrastructure and through third-party subprocessors or AI/model providers used as part of the Service, as described in our Privacy Policy.

4. Your Responsibilities

You are solely responsible for:

  • The images and other content you upload
  • Ensuring you have all rights, permissions, and legal bases needed to upload and process that content
  • Verifying all counting outputs before using them for operational, financial, legal, safety, compliance, or business decisions
  • Ensuring your use of the Service complies with all applicable laws, regulations, contractual obligations, and third-party rights

You must not rely on ZapCount as the sole basis for inventory, billing, customs, safety, staffing, attendance, regulatory, scientific, or other high-impact decisions.

5. Accuracy and AI Limitations

ZapCount uses automated and AI-based systems. Results may vary depending on image quality, scene complexity, occlusion, object similarity, lighting, crop choices, object density, and other factors.

Counts, classifications, detections, overlays, and other outputs may be incomplete, inaccurate, or unavailable. We do not warrant that the Service will identify the correct object category, count every visible item, or produce consistent results across similar images.

You remain solely responsible for reviewing and validating all outputs before acting on them.

6. Prohibited Uses

You may not use the Service:

  • For any unlawful purpose or in violation of any applicable law or regulation
  • To upload, store, process, or transmit content that you do not have the right to use
  • To support, facilitate, or manage illegal activity, including the handling, storage, tracking, distribution, or concealment of illegal, counterfeit, stolen, infringing, or otherwise unlawful goods
  • To infringe intellectual property, privacy, publicity, confidentiality, or other rights of any person or entity
  • To upload malware, harmful code, or content intended to disrupt or compromise the Service
  • To interfere with, probe, scrape, overload, reverse engineer, copy, resell, or misuse the Service except where such restriction is prohibited by applicable law
  • To generate misleading, fraudulent, or falsified counts or records
  • To use the Service for unlawful surveillance, harassment, or abuse
  • To upload sensitive or regulated content where you do not have a lawful basis or all required permissions to process it

We may investigate suspected misuse and may suspend, restrict, or terminate access where we reasonably believe these Terms have been violated.

7. No Obligation to Monitor

We do not undertake a general obligation to monitor all User Content or all uses of the Service.

However, we reserve the right to review, investigate, remove, restrict, or report content or conduct where we believe it may violate these Terms, applicable law, or the rights, safety, or security of others or of the Service.

8. Third-Party Services and Infrastructure

The Service may rely on third-party providers for hosting, storage, analytics, authentication, crash reporting, payment processing, and AI or GPU infrastructure. Our Privacy Policy describes some of these providers, including Firebase, Google Analytics, Sentry, and RunPod.

We are not responsible for the independent acts or omissions of third-party services, app stores, networks, or infrastructure providers.

9. Payments, Pricing, and Plans

Parts of the Service require payment. The Service may be offered for free, on a trial basis, on a paid basis, or under usage-based, subscription-based, credit-based, or custom pricing models. Certain features, usage tiers, or platforms may require a paid plan or purchase to access.

We may introduce, modify, or discontinue pricing, usage limits, plans, credits, features, or free tiers at any time. Where required by applicable law, changes will apply prospectively.

For purchases made through the Apple App Store or Google Play Store, payment processing, billing, cancellation, and refund handling are governed in whole or in part by the applicable store's terms and policies. Your use of mobile in-app purchases is also subject to those store rules. We do not collect or store your payment details for app store purchases.

For purchases made directly through our website or other channels, payment may be processed by us or by third-party payment providers. Applicable terms and refund policies will be presented at the time of purchase.

Unless expressly stated otherwise, all fees are non-refundable to the maximum extent permitted by law.

10. Availability, Limits, and Changes to the Service

We may modify, suspend, limit, or discontinue any part of the Service at any time, including features, file size limits, output limits, storage limits, rate limits, supported platforms, or API availability.

The Service requires an internet connection. Some features are available for free while others require a paid plan or purchase. Very high counts may be limited to approximately 900 objects per image. These and other operational limitations may change at any time.

We do not guarantee uninterrupted availability, error-free operation, continued support for any feature, or retention of any content or history.

11. Intellectual Property

The Service, including its software, models, workflows, branding, design, interfaces, and content provided by us, is owned by us or our licensors and is protected by intellectual property laws.

Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you.

You may not copy, distribute, modify, create derivative works from, resell, lease, sublicense, decompile, or otherwise exploit the Service except as permitted by law or by our prior written consent.

12. Feedback

If you send us ideas, suggestions, bug reports, or feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, incorporate, and exploit that feedback without restriction or compensation.

13. Data Retention and History

Uploaded images may be stored on our servers and used to improve the Service, including for training or fine-tuning AI models. If you are signed in, recent counting results and annotated images may also be saved to your history using Firebase Storage so you can review past counts.

We may delete, rotate, cap, or remove stored content, history, or outputs at any time unless we expressly agree otherwise in writing.

You are responsible for keeping your own records and backups where needed.

14. Termination and Suspension

We may suspend, restrict, or terminate your access to the Service immediately, with or without notice, if:

  • You breach these Terms
  • We suspect fraud, abuse, unlawful activity, or security risks
  • We are required to do so by law, court order, app store policy, or third-party provider requirements
  • Continued provision of the Service to you is no longer commercially, technically, or legally feasible

You may stop using the Service at any time.

Sections that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers, limitations of liability, indemnity, governing law, and dispute resolution.

15. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis.

We disclaim all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, or reliability.

We do not warrant that:

  • The Service will meet your requirements
  • Counts or outputs will be accurate or suitable for your use case
  • The Service will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • Uploaded content will never be lost, delayed, corrupted, or accessed by unauthorized parties

16. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, goodwill, data, or opportunities, arising out of or related to your use of or inability to use the Service.

Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed:

  • The amount you paid us for the Service in the 12 months before the event giving rise to the claim, or
  • If you did not pay anything, EUR 100

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

17. Indemnity

You will indemnify, defend, and hold harmless Bino Solutions, ZapCount, and their directors, officers, employees, contractors, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

  • Your User Content
  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of applicable law or third-party rights

18. Privacy

Our Privacy Policy explains how we collect, use, store, and share information in connection with the Service and forms part of these Terms. If there is a conflict between these Terms and the Privacy Policy regarding data protection matters, the Privacy Policy will control to the extent of that conflict.

19. Governing Law

These Terms are governed by the laws of Romania, excluding its conflict of laws rules.

If you are a consumer and mandatory law in your country of residence gives you additional protections, nothing in these Terms deprives you of those mandatory protections.

20. Disputes

Before filing a formal claim, you agree to contact us first and try to resolve the issue informally.

If a dispute cannot be resolved informally, the courts with competent jurisdiction in Romania will have jurisdiction, subject to any mandatory consumer-law rights that apply to you.

21. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date. If a change is material, we may also provide additional notice where reasonably appropriate. Continued use of the Service after updated Terms become effective constitutes acceptance of the updated Terms.

22. Contact

If you have questions about these Terms, contact us at contact@zapcount.com.

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