Terms of Service
1. Introduction
Welcome to Zenbundle Limited. These Terms of Service ("Terms") govern your use of our services. By using our services, you agree to comply with these Terms. If you do not agree with these Terms, you should not use our services.
Company Details:
Name: Zenbundle Limited T/A Zenbundle
Company Registration Number: 726155
Address: 77 Camden Street Lower, Saint Kevin's, Dublin, D02 XE80
Contact: support@zenbundle.com
2.Interpretation and Definitions
In these Terms,unless the context otherwise requires:
"API"means application programming interfaces or other means which interface the Platform with the systems of third parties.
"Client"means a client of Zenbundle who uses the Services.
"ClientData" means all data or information relating to a Client or its customers that is collected, stored, recorded, transmitted, or otherwise processed by Zenbundle in the provision of the Services.
"Customer"means a Client’s end-user.
"DataProcessing Addendum" or "DPA" means Zenbundle’s then-current data processing addendum found in the Privacy Policy page of our website.
"DataProtection Law" means applicable data protection and privacy laws including, without limitation, the General Data Protection Regulation(Regulation (EU) 2016/679) ("GDPR"), the Data Protection Acts 1988 to2018 (the "Data Protection Acts"), the European Communities(Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 366/2011) (as amended), and the EU Digital Services Act.
"FreeTrial" means a limited free trial of any of the Services.
"Intellectual Property" means all intellectual and industrial property rights including,without limitation, logos, brand names, images, designs, photographs, videoclips, content, and other materials that appear as part of a website, copyright,database rights, rights in computer software, domain names, business names, trade marks, service marks, trade dress, rights in get-up and goodwill, the right to sue for passing off, and any other intellectual property rights whether registered or unregistered and existing now or in the future.
"Platform"means Zenbundle’s software as a service (SaaS) platform through which the Services are provided.
"PricingPlans" means the pricing plans (including as set out on the Website) or fee agreed with the Client for use of the Services.
"Services"means the services provided by Zenbundle.
"Website"means our website (https://www.zenbundle.com) and our applications available on third party app stores.
3. Account Registration and Security
3.1 To access our services, you must create an account. You are responsible for maintainingthe confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information during the registration process and to update such information tokeep it accurate and complete.
3.2 If youbelieve your account has been compromised, notify us immediately at support@zenbundle.com. Zenbundle reserves the right to refuse registration of an account or to provide the Services for any reason.
4. Services Overview
Zenbundle provides services under various Pricing Plans. Details of our current Pricing Plans are available https://www.zenbundle.com/pricing . By using our services, you agree to the fees associated with the applicable Pricing Plan.
5. Payment Terms and Cancellations
5.1 MonthlyFees and Usage Charges:
Fees are billed monthly. Usage fees are calculated based on the actual usage within the billing cycle.
All paymentsmust be made in USD, EUR or GBP unless otherwise agreed in writing.
5.2 Cancellations:
If you cancel your subscription, you will continue to have access to the services until the end of the current billing cycle. Cancellations will not take effect until the end of the billing cycle.
If you upgradeyour plan, the new billing cycle will begin immediately.
5.3 Non-Payment:
If payment isnot received by the due date, Zenbundle may suspend your access to the Services until payment is received.
Interest onoverdue amounts will accrue at the rate of 7% per annum.
5.4 Payment Disputes:
You will notify Zenbundle in writing within sixty (60) days of the date Zenbundle bills you for any Fees that you wish to dispute. You may withhold the disputed Fees until the dispute is resolved. Where you are disputing any Fees, you must act reasonably and in good faith and will cooperate diligently with Zenbundle Limited to resolve the dispute. Zenbundle will not charge you a latefee or suspend the provision of the Services for unpaid Fees that are indispute, unless you fail to cooperate diligently with Zenbundle or Zenbundle determines the dispute is not reasonable or brought in good faith by you.
6. Free Trials and Promotional Offers
6.1 ZenbundleLimited may offer free trials or promotional offers from time to time. These offers are subject to these Terms unless otherwise stated in the specific termsfor the offer. We reserve the right to withdraw or modify any free trial orpromotional offer at any time without prior notice and with no liability to you.
6.2 The Free Trial will begin on the date the Client accepts the Free Trial offer and regardless of whether the Product is used or not, it will expire at the end ofthe Free Trial.
7. Roles andResponsibilities
7.1 The Clientis responsible for the setup and configuration of the Services, including provisioning access to their personnel. Zenbundle provides the Services on an'as is' and 'as available' basis and does not guarantee that the Services willenable compliance with applicable laws or regulations.
7.2 Zenbundle does not provide legal advice regarding Data Protection Law or anyother laws. Clients should seek their own legal advice to ensure compliancewith applicable laws.
8. IntellectualProperty
8.1 All intellectual property rights in the Services are owned by Zenbundle or its licensors. Nothing in these Terms transfers any such rights to the Client orany other party.
8.2 The Client agrees not to reverse engineer, decompile, or disassemble any software used to provide the Services.
9. DataProtection and Privacy
9.1 To the extent that the Client uses the Services and provides Zenbundle with personal data relating to its customers, Zenbundle acts as a 'processor' for the purposes of Data Protection Law and the parties agree to comply with the Data Processing Addendum. The Data Processing Addendum is incorporated into theseTerms.
9.2 Zenbundle reserves the right to create anonymized data from the personal data contained within the Client Data for the purposes of enhancing or improving the Services, aggregating statistical analysis, machine learning, and other legitimate business purposes.
10. Termination and Suspension
10.1 Zenbundle reserves the right to suspend or terminate your access to the Services for any reason, including non-payment or breach of these Terms. In such cases, we will provide notice where possible.
10.2 Withoutlimiting the foregoing, the following may lead to suspension or termination of receipt of the Services:
A material orpersistent breach of these Terms or any other terms of Zenbundle.
A failure topay for the Services by the applicable due date.
A request ordirection to do so from any law enforcement authority.
Actions thatbring Zenbundle into disrepute, conflict, or might otherwise damage our reputation.
11. Changes to Services and Pricing
11.1 We maychange the Services and applicable pricing at any time. If you do not agreewith the changes, you may cancel your subscription in accordance with theseTerms.
11.2 We may addor remove features from the Services at any time. If these changes materially reduce the functionality of the Services, you may cancel your subscription without penalty.
12. Liability and Disclaimer of Warranties
12.1 Zenbundle provides the Services 'as is' and 'as available' without any warranties. Our liability is limited to the amount paid by the Client for the billing cycle in which the claim arises.
12.2 Nothing in these Terms excludes or limits Zenbundle’s liability for death or personal injury resulting from its negligence, fraud, or fraudulent misrepresentation.
13. Indemnity
13.1 The Clienta grees to indemnify Zenbundle against any claims, damages, or losses arising from their use of the Services, including any breach of these Terms or applicable laws.
14. Publicity
14.1 Zenbundle may use the Client’s name and logo in marketing materials with the Client'sconsent.
15. GeneralProvisions
15.1 TheseTerms constitute the entire agreement between the parties and supersede anyprior agreements. Any waiver or modification of these Terms must be in writingand signed by both parties.
15.2 The Client shall not assign, sub-contract, or deal in any other manner with all or any ofits rights or obligations hereunder without Zenbundle’s prior written consent. Zenbundle may assign and sub-contract its rights and obligations under these Terms.
15.3 If anyprovision of these Terms is held to be invalid or unenforceable in whole or inpart, the validity of the other provisions of these Terms and the remainder ofthe provision in question shall not be affected thereby.
15.4 A delay byZenbundle in performing its obligations, including because of a Force MajeureEvent, will not be a breach of these Terms. A “Force Majeure Event” includesacts, events, omissions, or accidents beyond Zenbundle’s reasonable control.
15.5 Any provision of these Terms which expressly or by implication is intended to survive termination shall survive.
16. GoverningLaw and Jurisdiction
16.1 These Terms are governed by the laws of the Republic of Ireland. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Ireland.
17. Contact Information
If you have anyquestions about these Terms, please contact us at support@zenbundle.com.
