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Zesty Market Terms of Service

1. Introduction​

In these Zesty Market Terms of Service ("Terms"), "Zesty Market", "Zesty", "we" and "us" refers to Zesty Market and the website https://www.zesty.market ("the Site"). These Terms apply to you ("you") as a user of the Site and Zesty Market's spatial advertising network, including all products, services, tools, SDKs, and information made available through the Site.

Please read these Terms carefully before using the Site or our services. By accessing the Site, integrating our SDK, or using our advertising services, you agree to be bound by these Terms. If you don't want to be bound by them, you should not use our services.

You are advised to check these Terms periodically as we may update them from time to time. Changes will be posted on the Site and take effect immediately upon posting. Continued use of our services constitutes acceptance of any changes.

Our Privacy Policy also applies to your use of the Site and services.

For questions about these Terms or our services, please contact us at [email protected].

2. Services​

Zesty Market operates a spatial advertising network that connects advertisers with extended reality (XR), virtual reality (VR), augmented reality (AR), and other spatial computing experiences. Our services include:

  • Advertising Platform: Connecting advertisers with spatial app developers to display advertisements within virtual and augmented reality experiences
  • Developer SDK: Software development kits that integrate with Unity, Swift, A-Frame, Babylon.js, Three.js, and other development frameworks
  • Beacon Module: Discovery and reputation system for spatial applications through our Zesty Relay network
  • Revenue Management: Payment processing and revenue distribution services for developers
  • Analytics and Reporting: Performance metrics and analytics for both advertisers and developers

3. User Accounts and Eligibility​

3.1 Account Types​

We offer different account types including:

  • Advertiser Accounts: For brands and marketers running ad campaigns
  • Publisher Accounts: For content creators monetizing spatial experiences

3.2 Eligibility​

You must be at least 18 years old and have the legal capacity to enter into contracts. By creating an account, you represent that all information provided is accurate and complete.

3.3 Account Security​

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

4. Developer Services​

4.1 SDK Integration​

Our SDK allows developers to integrate advertising capabilities into their spatial applications. By integrating our SDK, you agree to:

  • Implement the SDK according to our technical documentation
  • Ensure advertisements are displayed as intended and not obscured or modified
  • Provide accurate reporting of ad impressions and interactions
  • Maintain the integrity of our advertising measurement systems

4.2 Content Standards​

Applications using our SDK must comply with our content guidelines:

  • No illegal, harmful, or offensive content
  • Compliance with applicable age rating and content classification systems
  • Respect for user privacy and data protection requirements
  • No fraudulent or misleading advertising practices

4.3 Revenue Sharing​

Revenue from advertisements displayed in your application will be shared according to the terms specified in your Developer Agreement. Payments will be processed monthly, subject to minimum payment thresholds and verification requirements.

5. Advertiser Services​

5.1 Campaign Management​

Advertisers can create and manage advertising campaigns through our platform. You are responsible for:

  • Providing accurate and truthful advertising content
  • Complying with applicable advertising laws and regulations
  • Ensuring you have necessary rights to use any content in your advertisements
  • Meeting payment obligations for advertising services

5.2 Ad Content Requirements​

All advertising content must:

  • Be truthful and not misleading
  • Comply with applicable laws and industry standards
  • Respect intellectual property rights
  • Be appropriate for the spatial computing environment

5.3 Targeting and Privacy​

Our advertising targeting complies with applicable privacy laws. We do not share personally identifiable information without user consent, and all targeting is based on aggregated and anonymized data.

6. Beacon Module and Discovery Services​

The Zesty Beacon module helps spatial applications gain visibility and build reputation within our network. Participation in the Beacon network is subject to:

  • Compliance with our community guidelines
  • Accurate representation of your application's content and features
  • Cooperation with our verification and quality assurance processes

7. Payment Terms​

7.1 Developer Payments​

  • Revenue sharing percentages are specified in individual Developer Agreements
  • Payments are processed monthly for amounts exceeding minimum thresholds
  • All payments are subject to applicable taxes and fees
  • Developers are responsible for providing accurate tax information

7.2 Advertiser Payments​

  • Advertising campaigns are billed based on agreed pricing models (CPM, CPC, etc.)
  • Payment is due according to the terms specified in your Advertiser Agreement
  • We reserve the right to suspend services for non-payment

8. Intellectual Property​

8.1 Zesty Property​

The Zesty platform, SDK, and related technology are proprietary to Zesty Market. You receive a limited license to use our services as intended, but do not acquire ownership rights.

8.2 User Content​

You retain ownership of content you create or provide to our platform, but grant us a license to use such content as necessary to provide our services, including displaying advertisements and facilitating discovery.

8.3 Trademark Usage​

Use of Zesty trademarks requires prior written approval and must comply with our brand guidelines.

9. Privacy and Data Protection​

We collect and process data in accordance with our Privacy Policy. Key points include:

  • We collect technical data necessary to operate our advertising network
  • User privacy is protected through data anonymization and aggregation
  • We comply with applicable data protection regulations
  • Users have rights regarding their personal data as described in our Privacy Policy

10. Prohibited Activities​

You may not:

  • Use our services for illegal or fraudulent purposes
  • Attempt to circumvent our advertising measurement or payment systems
  • Reverse engineer or create derivative works of our proprietary technology
  • Interfere with the operation of our services or other users' access
  • Violate any applicable laws or regulations

11. Service Availability​

11.1 Availability​

We strive to maintain high service availability but cannot guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect service availability.

11.2 Modifications​

We may modify or discontinue services with reasonable notice to users. We will work to minimize disruption to ongoing campaigns and integrations.

12. Disclaimers and Limitations​

12.1 Service Disclaimers​

Our services are provided "as is" without warranties of any kind. We do not guarantee specific advertising performance, revenue levels, or user engagement metrics.

12.2 Limitation of Liability​

Our liability is limited to the amount paid by you for our services in the preceding 12 months. We are not liable for indirect, incidental, or consequential damages.

12.3 Third-Party Integrations​

We are not responsible for the performance, availability, or security of third-party platforms, applications, or services that integrate with our network.

13. Termination​

13.1 Termination by You​

You may terminate your account at any time by contacting us. Final payments will be processed according to our standard payment schedule.

13.2 Termination by Us​

We may terminate accounts for violation of these Terms, non-payment, or other reasonable business purposes. We will provide reasonable notice except in cases of serious violations.

14. Dispute Resolution​

14.1 Informal Resolution​

We encourage users to contact us directly to resolve any disputes or concerns about our services.

14.2 Binding Arbitration​

Any disputes that cannot be resolved informally will be settled through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English and located in a mutually convenient location.

14.3 Class Action Waiver​

You agree that any arbitration will be conducted on an individual basis and waive any right to participate in class action lawsuits.

15. General Provisions​

15.1 Governing Law​

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

15.2 Severability​

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Entire Agreement​

These Terms, along with our Privacy Policy and any specific agreements (Developer Agreement, Advertiser Agreement), constitute the entire agreement between you and Zesty Market.

15.4 Assignment​

We may assign these Terms or our rights and obligations to any third party. You may not assign your rights or obligations without our written consent.

16. Contact Information​

For questions about these Terms or our services:

Effective Date: July 3, 2025 Last Updated: July 3, 2025