Terms and Conditions
Last updated : February 15th, 2022
Intro
Thanks for using Zensimu! These Terms and Conditions (“Terms”) are
applicable to the all the websites (including zensimu.com, zensi.mu
and play.zensimu.com) and software/mobile applications, owned and
operated by Zensimu SAS and from or in connection with which you are
accessing this document. We refer to such websites and apps in this
agreement as the “Service” or “Application”.
Zensimu SAS (herein after also referred to as “Zensimu”, “we”, “us” or
“our”) is a company registered at:
5 Avenue du General de Gaulle,
94160 Saint-Mandé, France - SIREN registration number: 883718835.
By using the Services or accessing any content or material that is
made available by Zensimu or its users through the Service you
understand and agree to accept and adhere to the following terms and
conditions as stated herein.
These terms shall supplement any other order form or general terms and
conditions agreed as part of a specific contract with a client of
Zensimu SAS. In case of inconsistency between these terms and the
other agreement signed between Zensimu and a client, the other
agreement shall prevail over these terms.
By using this Service you are agreeing to be bound by the then current
version of these Terms and Conditions of Use. Zensimu may revise these
terms without notice in the future. If you are a paying customer and
would like to be warned or consulted before any revision of these
terms which could affect your use of the service or your legal rights
as a user of the service, please contact us at
hello@zensimu.com. If no agreement can be found in the
adjustment of those terms, you’ll be entitled to a prorated refund of
your plan – proportionally to the remaining duration (at the time new
terms apply), versus the total duration you paid for.
Limitations
In no event shall Zensimu or its suppliers be liable for any damages
(including, without limitation, damages for loss of data or profit, or
due to business interruption) arising out of the use or inability to
use the materials on service, even if Zensimu or a Zensimu authorized
representative has been notified orally or in writing of the
possibility of such damage. Because some jurisdictions do not allow
limitations on implied warranties, or limitations of liability for
consequential or incidental damages, these limitations may not apply
to you.
Revisions and Errata
The materials appearing on the service could include technical or
content errors. Zensimu does not warrant that any of the materials on
its service are accurate, complete, or current. Zensimu may make
changes to the materials contained on its service at any time without
notice. Zensimu does not, however, make any commitment to update the
materials.
Third Party Applications
The Zensimu Service is integrated with third party applications,
websites, and services (“Third Party Applications”) to make available
content, products, and/or services to you. These Third Party
Applications may have their own terms and conditions of use and
privacy policies and your use of these Third Party Applications will
be governed by and subject to such terms and conditions and privacy
policies. You understand and agree that Zensimu does not endorse and
is not responsible or liable for the behavior, features, or content of
any Third Party Application or for any transaction you may enter into
with the provider of any such Third Party Applications.
Accounts and Plan Versions
We offer free and paid services. The Services are provided in
different versions (or “Licenses”) depending on the plan a user has
subscribed-to. These include the Basic, Advanced, Premium and
Enterprise plans, which are subject to fees. One License gives you the
right and ability to use the features stated in
https://zensimu.com/pricing.
The Basic and Advanced plan are reserved for individual usage and
appropriate taxes will be applied. The Premium and Enterprise plans
may be purchased by individuals, businesses and nonprofits. In this
case, European businesses (excluding France) need to communicate their
VAT number using payment on invoice in order not to be charged VAT.
Some Services are accessible with a reduced price for users identified
as Teachers because using the application in an Educational context
(at School or University). This discount will be validated on a
per-user basis by Zensimu at its sole discretion. We will usually base
this decision on the user’s email address organization but may request
further proof of educational usage. Zensimu reserves the right to
refuse or cancel a subscription if the Educational usage couldn’t be
determined.
Accounts are individual, meaning that one Account can only be used by
one person and you agree not to permit any other person to your
License.
When you use an email address to register for an Account and that
email address was provided by an organization, we reserve the right to
inform the concerned organization about that Account. In the event
that organization is a Customer to us, it may retain title to,
control, administer, suspend or delete access to your Account. If you
would like to be sure to avoid any of the above, you should register
an Account with your own private email address.
Prices and Billing
Current and applicable prices for the Licenses are found here:
https://zensimu.com/pricing. All prices displayed are exclusive of
VAT, other taxes and potential tolls or import/export fees.
Payment for the paid Versions shall be made upfront on the initiation
day (day of the activation of the services) for the entire License
period which may range between one and twelve months. Exceptions may
be made when payment is done through invoice and/or bank transfer, in
which case payment is due within the number of days after the
Initiation Day as specified in the invoice. The first day after the
end of the License Period, the License will be automatically
cancelled.
Payment can be made using a credit card for all plans (processed via
our payment processing provider Stripe). The payment using bank
transfer is only available for Premium and Enterprise plans due to the
manual management incurred.
Payment cannot be made for parts of the License Period or be partially
repaid.
We reserve the right to change the prices listed under
https://zensimu.com/pricing as well as the payment terms (including
License Periods) and features included in each Version at our own
discretion. Such changes will however not affect a License already
paid for.
Cancellation / Change of Plan
Customers are entitled to a full refund within seven days from the
Initiation Day for the paid plans by cancelling the License. In order
to receive the refund, send us a written notice to hello@zensimu.com
stating why the refund is requested. We will provide the refund within
30 days from registering the request.
By using the Application in a live situation with external
participants you lose the right to refund. External participants are
defined as other individuals you invited to play on a game or visit
pages you created using the Application.
We don’t accept downgrades from any Paid Subscription to a lower
Service Plan, if the seven days trial period stated above was already
passed.
Upgrades to a higher Service Plan will be managed for Yearly plans
only. If you wish to upgrade please contact us at hello@zensimu.com,
an upgrade fee will be applied based on the difference between the new
and old plan price for the full License period.
Communication with users
We reserve the right to communicate with you, also for marketing
purposes. Such communication can be newsletters, product updates,
offers or other information related to the Application. You may of
course opt out of receiving emails from Zensimu at any time by
unsubscribing at the end of the email.
Please note that although you may opt out of receiving certain emails,
we still reserve the right to communicate with all our Users and
Customers via email regarding specific orders, requests or inquiries
from our Users and Customers that are related to the Services.
User Content
You are solely responsible for all User Content that you publish on
Zensimu services. Zensimu does not endorse the correctness of the User
Content or any opinion contained in any User Content.
Governing Law
Any claim relating to Zensimu’s service shall be governed by the laws
of France without regard to its conflict of law provisions.
Acceptable Use Policy
By visiting our Services and accessing the information, resources,
services, products, and tools we provide for you, either directly or
indirectly (hereafter referred to as “Resources”), you agree to use
the Services and these Resources only for the purposes intended as
permitted by (a) the Terms, (b) this Acceptable Use Policy and (c)
applicable laws, regulations and generally accepted online practices
or guidelines (“Acceptable Use”). Wherein, you understand that:
In order to access our Services and Resources, you may be required to
provide certain information about yourself (such as identification,
contact details, etc.) as part of the registration process, or as part
of your ability to use the Services and Resources. You agree that any
information you provide will always be accurate, correct, and up to
date.
You are responsible for maintaining the confidentiality of any login
information associated with any account you use to access our Services
and Resources. Accordingly, you are responsible for all activities
that occur under your account/s.
Zensimu is never liable for your Internet connection and the network
that is being used to gain access to, and make use of, the
Application. It is your responsibility to arrange for and fulfill the
technical requirements needed to use our Services, such as to have the
equipment and software required for the performance of the
Application.
Accessing (or attempting to access) any of our Services and Resources
by any means other than through the means we provide, is strictly
prohibited. You specifically agree not to access (or attempt to
access) any of our Services and Resources through any automated,
unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Services
and Resources, including the servers and/or networks to which our
Services and Resources are located or connected, is strictly
prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our
Resources is strictly prohibited.
You are solely responsible for any consequences, losses, or damages
that we may directly or indirectly incur or suffer due to any
unauthorized activities conducted by you, as explained above, and may
incur criminal or civil liability. We may provide various open
communication tools on our Services, such as blog comments, blog
posts, public chat, forums, message boards, newsgroups, product
ratings and reviews, various social media services, etc. You
understand that generally we do not pre-screen or monitor the content
posted by users of these various communication tools, which means that
if you choose to use these tools to submit any type of content to our
Services, then it is your personal responsibility to use these tools
in a responsible and ethical manner. By posting information or
otherwise using any open communication tools as mentioned, you agree
that you will not upload, post, share, or otherwise distribute any
content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading,
intimidating, fraudulent, deceptive, invasive, racist, or contains any
type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or
other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity
We have the right at our sole discretion to remove any content that we
feel in our judgment does not comply with the Agreements, along with
any content that we feel is otherwise offensive, harmful,
objectionable, inaccurate, or violates any 3rd party copyrights or
trademarks. We are not responsible for any delay or failure in
removing such content. If you post content that we choose to remove,
you hereby consent to such removal, and consent to waive any claim
against us.