Terms of Use

1. Agreement to these Terms

These Terms of Use are a binding agreement between you and Moozix LLC, an Atlanta, Georgia company doing business as Zwely ("Zwely," "we," "us," or "our"). By creating an account, accessing Zwely, embedding Zwely checkout tools, or using any Zwely service, you agree to these Terms and to our Privacy Policy.

If you use Zwely for a business, organization, or client, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use Zwely.

2. What Zwely provides

Zwely provides software tools that let creators, businesses, and website owners add embedded checkout buttons and hosted checkout flows to their own websites, sell digital goods, offer free digital downloads, collect buyer email addresses, deliver files, manage discount codes, and assign or generate license keys.

Zwely is a software platform. Zwely is not a bank, payment processor, escrow agent, tax advisor, marketplace operator, fulfillment company, legal advisor, or merchant of record unless we state otherwise in writing for a specific transaction.

3. Sellers, buyers, and platform responsibility

If you create products or use Zwely checkout tools to sell or distribute digital goods, you are the seller of those goods. You are responsible for your products, prices, descriptions, discounts, refund policies, tax obligations, customer support, license terms, export restrictions, and legal compliance. You are also responsible for honoring the rights you grant to buyers.

Buyers purchase or claim digital goods from the seller using Zwely's checkout tools. Zwely may facilitate order records, file delivery, license-key delivery, email collection, analytics, and payment-related workflows, but Zwely is not responsible for the quality, accuracy, legality, safety, performance, compatibility, availability, or usefulness of seller products.

4. Products, files, license keys, and content

You keep ownership of the content, files, images, product information, license keys, and other materials you submit to Zwely. You grant Zwely a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and deliver that material as needed to provide, secure, improve, and support the service.

You may not use Zwely to upload, sell, distribute, or promote content that:

• infringes intellectual property, privacy, publicity, contract, or other rights;
• contains malware, spyware, credential theft, harmful code, or deceptive installation flows;
• is unlawful, fraudulent, defamatory, exploitative, harassing, or deceptive;
• violates payment processor rules, card network rules, sanctions, export controls, or applicable law;
• requires licenses, permissions, or age gates that you do not maintain; or
• creates an unreasonable security, fraud, chargeback, reputational, or operational risk for Zwely.

Zwely may remove content, disable a checkout, restrict downloads, suspend an account, or preserve records when we believe it is necessary to protect buyers, sellers, Zwely, payment partners, or the public, or to comply with law.

5. Accounts and security

You must provide accurate account information, keep your login credentials secure, and promptly notify us at support@zwely.com if you suspect unauthorized access. You are responsible for activity under your account, including actions by team members, contractors, agents, or anyone using your credentials.

We may require additional verification, payment connection steps, or security review before enabling certain features, including paid checkout, file delivery, license-key tools, analytics, refunds, or high-volume activity.

6. Payments, Stripe, refunds, and taxes

Zwely uses third-party payment services, including Stripe, to support checkout, payment collection, payment routing, refunds, receipts, fraud prevention, and connected-account functionality. Paid sellers may be required to connect their own Stripe account. Stripe's own terms, account agreements, privacy notices, and rules apply to Stripe services and may require identity verification, risk review, reserves, holds, or account restrictions.

Zwely may create payment intents, checkout records, application fees, refund requests, and related payment records through Stripe or another payment processor. Zwely does not store full card numbers, CVC codes, or raw payment credentials on its servers. Payment details are handled by the applicable payment processor.

Sellers are responsible for refunds, chargebacks, disputes, reversals, taxes, VAT, GST, sales tax, digital services tax, invoices, receipts, customer support, and compliance with payment processor rules. Zwely may deduct, collect, invoice, or withhold platform fees, application fees, usage fees, chargeback amounts, refunds, processor fees, or other amounts owed to Zwely or payment partners.

7. Fees and pricing changes

Zwely may offer transaction fees, application fees, usage-based fees, custom enterprise pricing, or promotional pricing. Fees are disclosed in the product interface, pricing page, checkout configuration, or account terms available to you. We may update pricing or fee features with reasonable notice, except where changes are required sooner for legal, security, payment network, or operational reasons.

8. Data, privacy, and embedded checkout notices

Our Privacy Policy explains how Zwely collects, uses, shares, and protects personal information. Sellers using Zwely on their own websites are responsible for providing their own legally adequate privacy notices, cookie notices, consent flows, and disclosures to buyers and visitors.

If you use Zwely to collect buyer emails, deliver free downloads, track checkout attribution, or process license keys, you represent that you have a lawful basis to do so and that your use of the data complies with applicable privacy, consumer protection, email marketing, and data protection laws, including GDPR where applicable.

9. Acceptable use

You agree not to misuse Zwely or help anyone else misuse Zwely. For example, you must not:

• probe, scan, attack, overload, scrape, or interfere with Zwely systems;
• attempt to bypass security, rate limits, authentication, payment, or access controls;
• misrepresent products, prices, discounts, refunds, availability, ownership, or delivery terms;
• use Zwely for spam, phishing, credential harvesting, fake orders, fraud, or illegal transactions;
• reverse engineer Zwely except to the extent law expressly allows; or
• use Zwely in a way that violates Stripe rules, card network rules, sanctions, or applicable law.

10. Third-party services and links

Zwely may integrate with or link to third-party services, including Stripe, hosting providers, email providers, analytics providers, content delivery networks, and seller websites. We do not control third-party services and are not responsible for their content, availability, security, terms, privacy practices, or decisions.

11. Disclaimers

Zwely is provided "as is" and "as available." To the fullest extent permitted by law, Moozix LLC disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted service, error-free operation, security, availability, accuracy, and compatibility.

We do not guarantee that Zwely will increase sales, prevent chargebacks, prevent piracy, validate every license key use, detect all fraud, preserve every file indefinitely, or meet your specific business, tax, legal, security, or regulatory needs.

12. Limitation of liability

To the fullest extent permitted by law, Moozix LLC and its owners, officers, employees, contractors, affiliates, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, business interruption, chargebacks, refunds, tax exposure, payment holds, account restrictions, buyer disputes, or seller product claims.

To the fullest extent permitted by law, Zwely's total liability for all claims relating to the service will not exceed the greater of (a) the amount you paid directly to Zwely for the service in the three months before the event giving rise to the claim or (b) $100.

13. Indemnification

You will defend, indemnify, and hold harmless Moozix LLC and its owners, officers, employees, contractors, affiliates, and agents from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to your products, content, websites, buyers, refunds, taxes, payment disputes, use of Zwely, violation of these Terms, violation of law, or infringement of third-party rights.

14. Suspension and termination

You may stop using Zwely at any time. We may suspend or terminate access, disable checkouts, restrict downloads, remove content, or close accounts if we believe your use creates legal, security, payment, operational, or reputational risk; violates these Terms; violates payment processor requirements; or harms buyers, sellers, Zwely, or third parties.

Termination does not relieve you of obligations that arose before termination, including payment, refund, chargeback, tax, privacy, confidentiality, indemnity, and dispute obligations.

15. Intellectual property notices

If you believe content available through Zwely infringes your rights, contact support@zwely.com with enough detail for us to review the claim, including the work at issue, the allegedly infringing material, your contact information, and a statement that you have a good-faith belief the use is unauthorized. We may request additional information before taking action.

16. Governing law and disputes

These Terms are governed by the laws of the State of Georgia and the United States, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us at support@zwely.com and try to resolve the dispute informally.

Except for claims that may be brought in small claims court or requests for injunctive relief, any dispute arising from these Terms or Zwely will be resolved by binding arbitration on an individual basis in Atlanta, Georgia, under the rules of the American Arbitration Association, unless applicable law requires a different forum. You and Zwely waive the right to a jury trial and the right to participate in a class action, class arbitration, private attorney general action, or other representative proceeding to the fullest extent permitted by law.

17. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice through the service, by email, or by posting an updated version. Your continued use of Zwely after changes take effect means you accept the updated Terms.

18. Contact

Questions about these Terms can be sent to Moozix LLC at support@zwely.com.