Terms of Use
These Terms of Use (“Terms”) govern access to and use of the GoKart websites, applications, and self-service platform (collectively, the “Platform”) operated by Zariz Technologies Inc. (“Zariz Technologies,” “we,” “us,” or “our”). By accessing or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
Commercial terms for buying or selling traffic, fees, invoicing, payment, and related economics are set out only in a separate written agreement between you and Zariz Technologies (for example, an insertion order or other order form). Those separate written agreements govern commercial terms between you and Zariz Technologies and do not need to reference these Terms to be effective.
01Acceptance of Terms
1.1If you use the Platform on behalf of an entity, you represent that you have authority to bind that entity, and “you” includes that entity and its Authorized Users.
1.2You must be at least 18 years old and able to form a binding contract to use the Platform.
1.3We may update these Terms as described in Section 14 (Changes to Terms). Continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms.
02Definitions
“Authorized User” means an individual you authorize to access the Platform under your account.
“Intellectual Property Rights” means patents, copyrights, trademarks, trade secrets, and other proprietary rights recognized under applicable law.
“Offer” means an advertisement, deal, or similar offer presented through the Platform.
“Site” means getgokart.ai and related Zariz Technologies websites that link to these Terms.
“User”, “you”, or “your” means the natural person or entity that accesses or uses the Platform, including advertisers and publishers (and their Authorized Users), as applicable.
“User Content” means content, data, creatives, Offer details, tracking parameters, feedback, and other materials you or your Authorized Users submit to or through the Platform.
Other capitalized terms have the meanings given where they first appear.
03Accounts and User Obligations
3.1You must register for an account where required and keep your account credentials confidential. You are responsible for all activity under your account and for ensuring that only Authorized Users have access.
3.2You must provide accurate, current registration information and promptly update it.
3.3You may not access or use the Platform except as expressly permitted by these Terms and any separate written agreement with Zariz Technologies.
3.4You are responsible for your Authorized Users’ compliance with these Terms.
04License to Use the Platform; Acceptable Use
4.1License. Subject to these Terms, Zariz Technologies grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your internal business purposes in connection with managing Offers and using related Platform features.
4.2Restrictions. You will not, and will not permit others to:
- (a)reverse engineer, decompile, or attempt to derive source code from the Platform, except to the extent such restriction is prohibited by law;
- (b)modify or create derivative works of the Platform;
- (c)rent, lease, sell, or sublicense the Platform;
- (d)use the Platform for any unlawful purpose;
- (e)upload or transmit viruses, malware, ransomware, or similar malicious code (“Harmful Code”);
- (f)infringe or misappropriate any third party’s Intellectual Property Rights or other rights, or violate applicable law;
- (g)use the Platform for competitive analysis of Zariz Technologies or to build a competing product;
- (h)distribute or facilitate the distribution of unlawful, harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable material;
- (i)engage in spam, fraud, invalid traffic, artificial inflation of conversions, or other abusive practices; or
- (j)interfere with or disrupt the Platform or other Users’ use of it.
4.3Reservation of rights. All rights not expressly granted are reserved by Zariz Technologies. We may maintain, suspend, or change the Platform as we deem necessary or useful to operate, secure, or improve the Platform or to comply with law.
05Intellectual Property
The Platform, the Site, and all related software, documentation, branding, and Intellectual Property Rights are owned by Zariz Technologies or its licensors. You may not use Zariz Technologies’ or GoKart’s trademarks without our prior written permission.
06User Content and Data
6.1Your ownership. As between you and Zariz Technologies, you retain ownership of your User Content and your business data, subject to the licenses below and applicable law.
6.2License to Zariz Technologies. You grant Zariz Technologies a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use User Content and related data as needed to provide, maintain, secure, support, and improve the Platform and related services, and as otherwise described in our Privacy Policy.
6.3Your responsibilities. You represent that you have all rights and consents needed to provide User Content and data to the Platform and to grant the licenses in these Terms, and that your User Content and your use of the Platform will not violate law or third-party rights.
6.4Sensitive data. You will not collect, process, or store Sensitive Personal Information through the Platform unless Zariz Technologies has expressly permitted it in a separate written agreement. “Sensitive Personal Information” includes financial account information, information about sexual preferences, health information protected under health data laws, biometric data used to uniquely identify an individual, personal information of children protected under child privacy laws (including COPPA), and any similar category under applicable privacy law.
6.5Security and incidents. Zariz Technologies will take reasonable technical and organizational measures to protect User data under its control. If Zariz Technologies becomes aware of unauthorized access to, use of, or disclosure of such data from systems within its control (a “Data Incident”), it will notify you within a reasonable time, use commercially reasonable efforts to investigate and remediate the Data Incident, and provide information reasonably requested for your investigation, subject to law and security considerations.
6.6Retention. Unless a separate written agreement states otherwise, Zariz Technologies is under no obligation to retain User data for more than thirty (30) days after account closure or termination of Platform access.
07Privacy
Our collection and use of personal information is described in Zariz Technologies’ Privacy Policy, as posted on the Site or otherwise made available. By using the Platform, you acknowledge the Privacy Policy. If a mutually agreed Data Processing Agreement (“DPA”) applies, the DPA controls in the event of a conflict with these Terms on data-processing topics.
08Third-Party Resources and Other Users
8.1The Platform may link to or enable access to third-party websites, applications, or resources (“Third-Party Resources”). We do not endorse or control Third-Party Resources and are not responsible for their content, products, or practices. Your use of Third-Party Resources is at your own risk and subject to their terms.
8.2You are solely responsible for your commercial relationships with other Users and third parties (including advertisers, publishers, partners, and end customers) and for any contracts between you and those parties. Zariz Technologies is not a party to those contracts and has no liability for them, except to the extent a separate written agreement between you and Zariz Technologies expressly provides otherwise.
8.3Any sample terms Zariz Technologies provides for your use with third parties are for reference only; you remain responsible for ensuring that your contracts are appropriate.
09Confidentiality
9.1“Confidential Information” means non-public information disclosed by one party to the other that is marked confidential, is identified as confidential at the time of disclosure, or that a reasonable person would understand to be confidential given its nature (including non-public pricing and personal data). Confidential Information excludes information that: is or becomes public through no fault of the recipient; was rightfully known to the recipient without a duty of confidentiality; was independently developed by the recipient; or was rightfully received from a third party without a duty of confidentiality.
9.2Each party will protect the other’s Confidential Information with at least reasonable care and use it only to perform under these Terms or a separate written agreement between the parties. Disclosure to employees, contractors, and advisors with a need to know is permitted if they are bound by confidentiality obligations no less protective than these. A party may disclose Confidential Information if required by law, after giving notice where legally permitted.
9.3Zariz Technologies may disclose your Confidential Information to the extent reasonably necessary for a merger, acquisition, or similar corporate transaction, or to operate the Platform in connection with your use (including sharing with other Platform participants as needed to provide Platform functionality), subject to appropriate confidentiality expectations where feasible.
9.4Upon termination of Platform access, each party will cease use of the other’s Confidential Information and, on request, destroy it, except for copies retained under bona fide record-retention policies or as required by law, which remain subject to this Section 9.
10Suspension and Termination
10.1You may stop using the Platform and close your account at any time, subject to any separate written agreement with Zariz Technologies.
10.2We may suspend or terminate your access immediately if: (a) you materially breach these Terms; (b) you use the Platform in a way that violates law or creates a material risk of harm to Zariz Technologies, the Platform, other Users, or third parties; (c) you become insolvent or subject to bankruptcy or similar proceedings; or (d) we are required to do so by law or to protect the Platform.
10.3We may also discontinue or change the Platform, in whole or in part, with reasonable notice where practicable.
10.4On termination or suspension, your license under Section 4 ends and you must stop using the Platform. Provisions that by their nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and general provisions) will survive.
10.5Fees, payment, and related commercial consequences of termination are governed solely by any applicable separate written agreement between you and Zariz Technologies, not by these Terms.
11Disclaimers
11.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2WITHOUT LIMITING THE FOREGOING, ZARIZ TECHNOLOGIES DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL CODE, OR THAT IT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. ZARIZ TECHNOLOGIES MAKES NO WARRANTY REGARDING THIRD-PARTY RESOURCES, OTHER USERS’ CONDUCT OR CONTENT, OR RESULTS OBTAINED FROM USE OF THE PLATFORM.
11.3Help articles, FAQs, marketing materials, and similar informational content are provided for convenience and do not create any performance warranty or service-level commitment.
11.4Some jurisdictions do not allow certain disclaimers; in those jurisdictions, the disclaimers apply to the maximum extent permitted by law. It is your responsibility to determine whether the Platform is suitable for your purposes.
12Limitation of Liability
12.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZARIZ TECHNOLOGIES AND ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZARIZ TECHNOLOGIES’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ZARIZ TECHNOLOGIES FOR ACCESS TO THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
12.3Zariz Technologies is not liable for claims arising from interactions between you and other Users or third parties (including advertisers, publishers, partners, or end customers), whether or not facilitated by the Platform, except to the extent a separate written agreement between you and Zariz Technologies expressly provides otherwise.
12.4These limitations allocate risk between the parties and are a material basis of the bargain. They apply regardless of legal theory (contract, tort, negligence, or otherwise).
13Indemnification
13.1You will defend, indemnify, and hold harmless Zariz Technologies and its affiliates, and their directors, officers, employees, and agents, from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform in breach of these Terms; (b) your User Content; (c) your violation of law or third-party rights; or (d) tax obligations arising from your business activities in connection with the Platform.
13.2Zariz Technologies will defend and indemnify you against third-party claims that the Platform (as provided by Zariz Technologies, unmodified) infringes that third party’s Intellectual Property Rights, and will pay any damages finally awarded and any settlement amounts Zariz Technologies agrees to. Zariz Technologies’ obligations under this Section 13.2 do not apply to claims arising from your User Content, combinations with items not provided by Zariz Technologies, or your misuse of the Platform. THIS SECTION 13.2 STATES ZARIZ TECHNOLOGIES’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS REGARDING THE PLATFORM.
14Changes to Terms
Zariz Technologies may change these Terms from time to time. We will provide notice by posting the updated Terms on the Site and/or by email or in-product notice. Changes become effective on the date stated in the notice or posting. If you do not agree to the changes, you must stop using the Platform and close your account. Continued use of the Platform after the effective date constitutes acceptance. Changes apply prospectively only.
15Governing Law and Disputes
The laws of the State of California, without regard to its conflict-of-laws principles, govern this agreement. The exclusive venue for any dispute arising out of or relating to this agreement is the state or federal courts located in Los Angeles County, California, and each party consents to personal jurisdiction and venue in those courts.
16Separate Commercial Agreements
Fees, payment terms, media buying or selling economics, service credits, service levels (if any), and other commercial terms between you and Zariz Technologies are governed exclusively by a separate written agreement between you and Zariz Technologies (such as an insertion order, order form, or master services agreement), if any. In the event of a conflict between these Terms and such a separate written agreement on a commercial term, that separate written agreement controls as to that commercial term. A separate written agreement does not need to reference these Terms to be valid or enforceable. These Terms continue to govern Platform access and use unless that separate written agreement expressly states otherwise as to a conflicting term.
17General
17.1Notices. Notices under these Terms must be in writing and are deemed delivered upon personal delivery, one business day after dispatch by reputable overnight courier, or when sent by email with confirmation of delivery (except that notices of termination or of indemnifiable claims may not rely solely on email unless the recipient acknowledges receipt). Notices to Zariz Technologies should be sent to the address below (Attention: Legal) and to any legal notices email address published on the Site. You may update your notice details by writing to us.
17.2Entire agreement; severability. These Terms, together with any separate written agreement between you and Zariz Technologies and any applicable DPA, constitute the entire agreement between you and Zariz Technologies regarding the subject matter of these Terms and supersede prior or contemporaneous understandings on that subject matter. If any provision is held unenforceable, the remaining provisions remain in effect.
17.3No waiver. Failure to enforce a provision is not a waiver. Waivers must be in writing and signed by the waiving party.
17.4Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control (including labor disputes, utility failures, natural disasters, pandemics, embargoes, riots, government acts, terrorism, or war), provided that it uses commercially reasonable efforts to mitigate the effects and resume performance.
17.5Assignment. You may not assign these Terms without Zariz Technologies’ prior written consent. Zariz Technologies may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit permitted successors and assigns. If you undergo a change of control in favor of a direct competitor of Zariz Technologies, we may terminate your Platform access on written notice.
17.6Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, or agency relationship. Neither party may bind the other.
17.7Export and authorized jurisdictions. The Platform is controlled from the United States. You may not use the Platform in violation of U.S. export control or sanctions laws. If you access the Platform from outside the United States, you are responsible for compliance with local law. We make no representation that the Platform is appropriate or available for use outside the United States.
17.8DMCA. If you believe that content on the Platform infringes your copyright, send a written DMCA notice to the address below (Attention: DMCA Agent) or to any DMCA email address published on the Site. Your notice must include:
- (i)your physical or electronic signature;
- (ii)identification of the copyrighted work;
- (iii)identification of the allegedly infringing material and its location;
- (iv)your contact information;
- (v)a statement that you have a good-faith belief that the use is unauthorized; and
- (vi)a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the copyright owner.
We may terminate or block repeat infringers in appropriate circumstances.
17.9Promotional site information. Interviews, testimonials, press releases, and similar promotional content on the Site are provided for convenience. We have no duty to update them, and opinions expressed are those of the authors unless expressly stated otherwise.
17.10Audit. Zariz Technologies may periodically review Platform usage (including through technical means) for security, quality, and compliance with these Terms. You will reasonably cooperate. Reviews will not unreasonably interfere with your normal business operations.
17.11Survival. Provisions that by their nature should survive termination will survive, including Sections 5–9 and 11–17.
Contact us
Questions about these Terms? Use the support page on the Site or contact us at:
1732 Aviation Blvd., Suite 1531
Redondo Beach, California 90278, USA
Attention: Customer Support / Legal
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