Zenkit Terms of Service
Last updated on October 12th, 2018
Welcome to Zenkit!
By using Zenkit, you are agreeing to these Terms. If you do not agree to these Terms, do not use Zenkit. If you are using Zenkit on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and you represent and warrant that you have the authority to agree to these Terms on the organization’s behalf. Please note that if you use any email address owned or controlled by your employer or other organization as the primary or sole email address for your Zenkit account, and choose to purchase an upgrade, or are an administrator of a paid account, then (i) you are considered a representative of your employer or other organization, (ii) your acceptance of these Terms of Service will be deemed to bind your employer to this agreement, and (iii) the word « you » in these Terms will refer to your employer.
We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you by, for example, email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. By continuing to use Zenkit after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using Zenkit.
By accessing or using Zenkit, you indicate your assent to be bound by these Terms.
To use Zenkit, you’ll need to create a Zenkit account (« Account »), either via Zenkit or through a third-party service such as Google. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your Account.
You are responsible for safeguarding your Zenkit login credentials. You are responsible for activity on your Account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Account or any other breaches of security. Zenkit will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
By signing up for a Zenkit Account or by using Zenkit, you agree to receive important updates directly from Zenkit. This could be in the form of an email, a push notification, or a message inside Zenkit itself. These messages will only be used to inform you on major updates or other things that Zenkit feels is necessary for our users to know. There is no opt-out of these notifications as they are essential to the functionality of our business.
By using Zenkit, you provide us with text, images, file attachments, and other information (“your Content”). You retain full ownership of your Content. These Terms don’t give us any rights to your Content except for the limited rights that enable us to offer the Services.
We need your permission to, for example, host your Content, back it up, and share it when you ask us to. Our Services also provide you with features like sorting, editing, sharing and searching your Content. These and other features may require our systems to access, store, and scan your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
You can remove your Content by deleting it. However, in certain instances, some of your Content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your Content, or the failure to remove or delete such Content.
If you process personal data (personenbezogenen Daten) or allow personal data to be processed on systems for which Zenkit is technically responsible, and because of this, require for legal reasons a contract following §11 BDSG to be signed, you have the possibility to to sign an order data processing agreement with Zenkit which will meet the minimum legal requirements.
You are solely responsible for your Content and indicate that you own or have the necessary rights to all of your Content, and that use of your Content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You must not add Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You, the customer, are responsible for all personal data stored with Zenkit and also any legal responsibilities that come with the storage and processing of such data. You therefore must also know whether the processing of such data, through the use of the Service, adheres to all laws and that you have all of the associated authorizations.
You acknowledge that if you choose to publish a collection, all user names and avatars, any Content included in the collection, and any activities within the collection, will be publicly available and viewable to anyone with a link to that collection. Publishing a collection will make the collection available to be indexed by web engines like Google, and thus searchable by anyone with access to the internet and to those indexing sites. Zenkit has no liability for how any other party uses or accesses your data as a result of the privacy settings you choose to use on your collections, or for you or your users’ decision to post your Content on publicly available collections.
Zenkit may un-publish (i.e. make private) any collection where we believe that the content in those collections violates the acceptable Use of Zenkit as outlined by this paragraph, in addition to the abovementioned right to remove access to the collection or terminate or deny access to the Website. Zenkit may change or remove any Content that it considers inappropriate or unlawful, or otherwise likely to cause Zenkit liability. Zenkit reserves the right, at our sole discretion and at any time, to create or update limits to use and storage.
Zenkit adheres to all statutory data protection regulations.
Use of Zenkit
Zenkit is a product owned by Axonic Informationssysteme GmbH (« Axonic »). Axonic and its licensors and are protected by German and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may only use Zenkit as permitted by law, including all applicable federal, state, local or international law or regulation.
If you post material to the Website or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. By making content available, you represent and warrant that:
- the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the content;
- you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
- the content does not contain harmful content;
- the content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other websites, and similar unsolicited promotional methods;
- your content is not presented in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Zenkit or otherwise.
You can also give other Zenkit users your permission to share your content and add their own content to it.
If you delete content, Zenkit will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Zenkit has the right (though not the obligation) to, in Zenkit’s sole discretion (i) refuse or remove any content that, in Zenkit’s reasonable opinion, violates any Zenkit policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Zenkit’s sole discretion. We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Zenkit will have no obligation to provide a refund of any amounts previously paid.
Copyright Infringement and DMCA Policy
As Zenkit asks others to respect its intellectual property (IP) rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Zenkit violates your copyright, you are encouraged to notify Zenkit at copyright @ zenkit.com and include the following information:
- Your full legal name and electronic or physical signature
- A description of the copyrighted work or other item that you believe has been infringed
- Enough information to properly identify and locate that content (including the relevant URL)
- Contact information, including telephone number, and email address
- The following statements in the body of notice:
- “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
- “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”
Zenkit will respond to such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Zenkit will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Zenkit or others. In the case of such termination, Zenkit will have no obligation to provide a refund of any amounts previously paid to Zenkit.
This agreement does not transfer from Zenkit to you any Zenkit or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Zenkit. Zenkit and the Zenkit logo, and all other trademarks, service marks, graphics and logos used in connection with Zenkit, or the Website are trademarks or registered trademarks of Zenkit or Zenkit’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Zenkit or third-party trademarks.
Zenkit reserves the right to display attribution links such as ‘created using Zenkit’ or ‘powered by Zenkit’ in your published content.
Children under 13 and Zenkit
Responsibility of Website Visitors
Zenkit has not reviewed, and cannot review all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Zenkit does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Zenkit disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Payment Terms and Conditions
Additional features may be added to the Zenkit Service and made available to you as a paid upgrade (« Paid Plan ») provided on a subscription basis via an online subscription (“Online Subscription”) or any ordering document (“Order Form Subscription”) including requests via email. Paid Plans are provided for a period of time defined when purchasing the Paid Plan subscription (“Subscription Term”). If you choose to subscribe to a Paid Plan, you shall pay fees to Zenkit. Upon selection of a Paid Plan, you must provide Zenkit with the necessary billing information (« Billing Data »). You will be billed for the appropriate Plan based on the total number of unique users collaborating in your account, including those with limited access. Zenkit may occasionally revise fee rates and/or the billable subscription fee (“Subscription Fee”) structure and will provide you with email notice of any changes in fees at least thirty (30) days prior.
If you purchase a Paid Plan and provide Billing Data, you agree to these payment terms and conditions.
By default, Paid Plans will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, and require recurring payments. This is true for both Online Subscriptions and Order Form Subscriptions. Fees will be charged in advance on an annual or monthly basis based on your subscription. Zenkit may automatically charge you for this renewal on or after the renewal date associated with your account unless you have terminated the Paid Plan or Zenkit terminates the Paid Plan.
Billing and Payment Methods
Zenkit accepts payment via Credit Card and PayPal for Online Subscriptions, and additionally payment via bank transfer for Order Form Subscriptions. Paid Plans can be paid as either a monthly or yearly Subscription Fee.
If you subscribe to a Paid Plan, you must provide current, complete and accurate Billing Data. It is your duty to ensure that your Billing Data are kept up-to-date in case of a change, such as a new credit card number or change of billing address.
Zenkit will charge tax when required to do so by law. You are responsible for all sales, use, value added or other taxes of any kind related to your purchase of a Paid Plan (excluding Zenkit’s net income). You are also responsible for any payment-related fees such as wire transfer, PayPal, or Credit Card processing fees.
Payment is expected within 2 weeks of receipt of the invoice. If you cannot make this payment date, please contact info @ zenkit.com in advance.
You must cancel the Paid Plan prior to its renewal date in order to avoid billing of the next Subscription Term’s fee. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are non-cancelable.
You may cancel your Online Subscription at any time prior to the renewal date from the “Plans” section of your Zenkit Profile. For Order Form Subscriptions, cancellation must be requested in writing, including by email to info @ zenkit.com, at least one week (7 days) prior to the expiration of the then-current Subscription Term.
If you choose to cancel your Paid Plan, you may continue use the Paid Plan until the end of the current Subscription Term, but you will not be issued a refund for the most recently (or any previously) charged fees.
If payment of your Subscription Fee is overdue by more than 2 weeks (14 days), or if you are over the quota allowed by your Plan for more than 2 weeks, Zenkit will suspend your account. Your Content will remain accessible to you, but you may not add any new Content or make changes to your Content until payment of your Subscription Fee is received in full.
Please note the domain of the email address that you use to register with is significant, as Zenkit Users with the same non-public domain are classed together as one group, regardless of their connection to one another. This will mean that if there are 5 Users already registered using the same email domain, the original five Users and any additional Users are required to purchase an upgrade.
Zenkit servers may not be located in your home country. By using the Website or Services and providing us with your personal information, you agree that your personal information can be transferred and saved to Zenkit servers.
You grant Zenkit the right to reproduce the data to be stored by Zenkit for you for the purposes of the performance of this contract, insofar as this is necessary to render the Services owed under this agreement. Zenkit is also entitled to store the data in a failure system or separate backup system. In order to eliminate disturbances, Zenkit is also entitled to make changes to the structure of the data or to the data format.
As a technical Service provider, Zenkit saves content and data for you, which you enter and store during the use of the Service, and makes it available for retrieval. You agree not to impose criminal or otherwise unlawful Contents and data, absolutely or in relation to individual third parties, and not to use viruses or other malicious software programs in connection with the Service. Further details can be found under « Use of Zenkit ». The « Use of Zenkit » guidelines can be found in the current version of this agreement.
We are constantly updating our Services, and that means sometimes we have to change the legal Terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Zenkit within the designated notice period. Your continued use of Zenkit will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination, Breach and Suspension
Zenkit may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If we suspend or terminate your use of Zenkit, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately. If you wish to terminate this Agreement or your Zenkit account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If your Account is terminated via means provided for deletion in your Zenkit profile, or by Zenkit, your Account will be disabled and you may not be granted access to your Account or any files or other Content contained in your Account. Your user Content and any files contained in your Account will be permanently deleted after some time and be unrecoverable by Zenkit. Residual copies of information may remain in our system for some time for back-up purposes.
You may additionally request via email to Zenkit that communications or other content containing your personal data also be removed. Zenkit will make all reasonable efforts to do so and will only retain data required by law.
Zenkit Services are provided “as is”. Axonic Informationssysteme GmbH and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Axonic Informationssysteme GmbH nor its suppliers and licensors, makes any warranty that the Website and/or Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or Services through, the Website at your own discretion and risk. Axonic Informationssysteme GmbH will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of Zenkit. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
In no event will Axonic Informationssysteme GmbH, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or Services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to Axonic Informationssysteme GmbH under this agreement during the twelve (12) month period prior to the cause of action.
Axonic Informationssysteme GmbH shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Axonic Informationssysteme GmbH, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, liabilities, and expenses, including attorneys’ fees, court costs, or any other fees related to a legal proceeding, arising out of your use of Zenkit, including but not limited to your violation of this agreement. If a claim is made as a result of alleged acts or omissions by you, Zenkit will provide you with the claim and all information to the extent that is legally possible. At the same time, you must immediately inform Zenkit and give Zenkit all of the information on the facts and the subject matter in writing.
The Terms of Service, the Website and the Services are governed by German law exclusively. Any claim or dispute in relation to your use of the Website and/or of the Services which cannot be resolved or settled by the parties to the Terms may only be brought before the competent court in Mannheim, Germany, which shall have exclusive jurisdiction.
These Terms constitute the entire and exclusive agreement between you and Axonic Informationssysteme GmbH, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. Axonic Informationssysteme GmbH’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Axonic Informationssysteme GmbH may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable user content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
If you have any questions about these Terms, please contact us at: legal @ zenkit.com
Or the following physical address:
Axonic Informationssysteme GmbH