The capitalized terms used in these Terms of Service shall have the following meaning:
- Account – means the user account, user name, password and email specifically associated with Subscriber with administrative powers. For the avoidance of doubt, each Account is held solely for one Subscriber who is a party to the contract with MPC but each Account may be used by multiple persons (Subscriber’s Representatives) authorised by the Subscriber – provided that a User Seat is created for each named Subscriber’s Representative and subject to the User Seat limits of chosen Subscription Plan;
- MPC – an entity providing the Subscription Services available through https://getzendo.io, that is Massive Pixel Creation Sp. z o.o., a company operating in compliance with the law of the Republic of Poland, with its registered office in Katowice at Jesionowa 22, 40-158 Katowice, Poland, with NIP (tax identification number): 9542832894, and REGON number 520426446;
- SPAM – unsolicited bulk messages, such as emails, text messages, or Internet postings i.e. for marketing or sales purposes sent to recipients with whom Subscriber does not have any business relationship or who have not asked to be included (opted in) on Subscriber’s address list;
- Subscriber – a business entity or an individual entrepreneur with a full capacity to enter into legal transactions, acting on his/her own behalf, registering to use the Subscription Services;
- Subscriber Data – means any and all data, information, content and materials created by Subscriber through use of the Subscription Services or uploaded or imported into the Subscription Services by or on behalf of Subscriber;
- Subscriber’s Representatives – means Subscriber’s employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for Subscriber’s benefit and have unique user identifications and passwords for the Subscription Service.
- Subscription Plan – means subscription plan Subscriber has elected to subscribe to, as described on https://getzendo.io/pricing website;
- Subscription Services – the services designed for marketing departments and organizations available through the web-based applications and tools, developed, operated, and maintained by MPC, and accessible via Internet platform under URL: https://getzendo.io and any ancillary products and services provided by MPC that allow to manage sales and marketing processes and communicate with clientele, create and send messages, such as emails, text messages, or Internet postings as well as emails, exchange files;
- Subscription Term – the term of Subscriber’s subscription to the Subscription Services;
- Terms of Service – this document, specifying the terms and conditions of the use of the Subscription Services as well as the rights and obligations of Subscribers and the MPC;
- User Seat – an access to an Account granted to named persons authorised by the Subscriber (Subscriber’s Representatives) subject to the User Seat limits of chosen Subscription Plan.
- The Subscription Services are accessible worldwide to anyone with Internet access under the URL: https://getzendo.io.
- Subject to these Terms of Service, MPC shall provide Subscriber the right to access and use the Subscription Services during the Subscription Term consistent with the Subscription Plan Subscriber has subscribed to.
- MPC might provide some or all elements of the Subscription Services through third-party service providers.
- These Terms of Service form a legally binding agreement between MPC and the Subscriber, with respect to the Subscriber’s use of the Subscription Services.
- By electronically submitting the register form, the Subscriber represents and warrants that he/she has read, understands, and agrees to be bound by these Terms of Service and agreement for providing access to the Subscription Services.
- By subscribing to the Subscription Services, Subscriber affirms that has full capacity to enter into legal transactions, and is fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.
- The Subscriber must keep MPC informed of any changes, so addresses, contact details, and billing information can be kept up to date.
Use of the subscription services
- When Subscriber signs up and pays for a Subscription Plan, MPC will provide the Subscriber with an Account within the Subscription Services with administrative powers. Subscriber must create User Seats for each further user of the Account so that each of the Subscriber’s Representatives could use the Account’s functionalities in their own name. The number of User Seats may be limited subject to the chosen Subscription Plan and are added to the main, administrative account of the Subscriber. The Subscriber may change User Seat holders throughout the Subscription Term.
- Subscriber’s Account and User Seats will be provided with a unique username and password. Subscriber is responsible for the activities of any and all persons accessing the Subscription Services and using designated name and password, including in particular Subscriber’s Representatives. Login information must not be shared among multiple individuals. Each of the users of the Subscription Service shall use all reasonable means to secure their login information and shall promptly notify MPC if it suspects that the user name and password have been compromised. Subscriber acknowledges that the use of Subscriber’s Account by any person or entity other than Subscriber’s Representative shall constitute a material breach of these Terms of Services.
- Communications and messages, such as emails, text messages, or Internet postings, must only be sent to recipients who have consented to receiving these communications and messages or to those who have a business relationship with the Subscriber. Consent to receive communications and messages, such as emails, text messages, or Internet postings, must be given separately. Recipients must consent actively and through deliberate action. Fields that are filled out in advance may not be used. Consent cannot be part of other statements (e.g. acceptance of the terms and conditions). The Subscriber may not utilize the Subscription Services to send out SPAM, included but not limited to messages, such as emails, text messages, to addresses that have been harvested (for example, from an automated scan of a website).
- The sender must be clearly identified in all messages and communications, such as emails, text messages, or Internet postings, sent by Subscriber. ą
- All sent communications and messages, such as emails, text messages, or Internet postings, must include the option to unsubscribe and revoke the authorization to send communications and messages. Unsubscribe requests must be dealt with at once and processed promptly.
- By sending e-mails using the Subscription Services, the Subscriber warrants that the content of the campaign is true and in accordance with the applicable law. The campaign must comply with both Polish law and the law of a potential recipient’s country. MPC reserves the right to cancel and delete an email that violates the applicable law at the time. MPC accepts no liability for any direct, indirect, or consequential damages that occur as a result of a campaign being deleted.
- MPC’s servers are physically located in Amazon AWS South Dublin Data Center – located at Greenhills Road, Tymon North, Dublin, Ireland.
- The Subscriber is responsible for all imported data, either through the system’s import features, through the HTTP API (integrations) or other standard integrations.
- The Subscriber agrees to comply with all anti-SPAM, anti-phishing and related laws applicable to the Subscriber’s business, both in the home country and in countries in which the Subscriber does business.
- Any case of infringement by the Subscriber of any obligations set forth above will result in termination of Subscriber’s subscription with the Subscription Services and no refund will be issued for the remaining subscription period.
- The Subscription Term follows the calendar month and is adjusted accordingly for the first billing after the subscription has been created.
- The subscription can always be upgraded from day to day to a larger plan. Downgrade of the subscription follows the end of the calendar month.
- Either Subscriber or MPC may without giving reasons elect to terminate Subscriber’s Account and subscription to the Subscription Services as of the end of Subscriber’s then current Subscription Term by providing notice, in accordance with these Terms of Service, preceding the end of such Subscription Term. A termination notice should be submitted from the subscription manage panel available for each Subscriber Account. Upon termination notice, prepaid subscription fees exceeding one month will be repaid to the Subscriber.
- MPC is authorized to immediately, without prior notice, modify, suspend or terminate the Subscription Services (or any part thereof), Subscriber’s Account or Subscriber’s right to access and use the Service, and remove, disable and discard any of the Subscriber Data if MPC believes that Subscriber has violated these Terms of Service, other applicable terms, rules or agreements between Subscriber and the MPC. Unless legally prohibited from doing so, MPC will use commercially reasonable efforts to contact Subscriber directly via email to notify Subscriber when taking any of the foregoing actions. In such case the Subscriber will not be entitled to any refund and MPC shall not be liable to Subscriber or any other third party for taking such remedies. Any suspected fraudulent, abusive, or illegal activity by Subscriber may be referred to law enforcement authorities at MPC’s sole discretion.
- Subscription for use of the Subscription Services require payment of monthly fees on a prepay basis. Current prices can be found on the website at https://getzendo.io/pricing. Subscription fees are billed monthly in advance. The fees shall remain fixed during the Subscription Term unless Subscriber upgrades products, increases the number of User Seats or base plan.
- All prices stated are for an ongoing subscription, per month, in United States currency, excluding VAT.
- MPC reserves the right not to set up the subscription until it has been paid for online or the information necessary to send an invoice has been received. Subscriptions are set up immediately following approval of the information provided and receiving the payment.
- MPC uses third-party service providers (each, a “Provider”) for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees). MPC’s Providers are currently Stripe Inc. By using the Subscription Services, Subscriber agrees to be bound by Providers’ terms of service (currently accessible at: https://stripe.com/us/terms). Subscriber hereby consents to provide and authorize MPC and Provider to share any information and payment instructions Subscriber provides to the extent required to complete the payment transactions in accordance with these Terms of Service, including personal, financial, credit card payment, and transaction information. If Subscriber is interested in an alternative payment mechanism, please contact MPC at email@example.com.
- The Subscriber agrees that all invoices issued by MPC in relation to the Subscription Services, shall be issued solely in an electronic form (PDF) and sent to the email address indicated by the Subscriber.
- All payment information that Subscriber provides in connection with the Subscription Services must be accurate, current and complete. Subscriber represents and warrants that Subscriber has the legal right to use any payment card(s) or other payment means used to pay any fee or charge. By providing MPC or Provider with Subscriber’s payment information, Subscriber agrees that Provider is authorized to immediately invoice Subscriber for all fees and charges due and payable to MPC hereunder and that no additional notice or consent is required. Subscriber agrees to immediately notify MPC and Provider (as applicable) of any change to Subscriber’s payment information.
- MPC reserves the right to change prices and fees related to the Subscription Services at any time. Such changes shall be posted online at https://getzendo.io/pricing and effective immediately without need for further notice. However, such changes shall not affect the fees and prices related to subscriptions previously purchased by the Subscriber.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Subscriber is responsible for payment thereof. The Subscriber agrees to pay for any taxes that might be applicable to payments he/she makes to the MPC.
- Upon receipt of the due payment, the Subscriber shall be invoiced for the applicable Subscription Services.
Technical requirements for using the site and services
- Technical requirements concerning the use of the Subscription Services are as follows:
- Internet connection;
- modern web browser enabling displaying of hypertext documents (HTML) which are linked with the Internet through a website with activated Java Script execution and writing cookies files; and
- active email account.
- Subscriber is solely responsible for purchasing and configuring all hardware, software and services that may be necessary or desirable for Subscriber’s use of the Subscription Services.
Subscriber’s rights and duties
- Subscriber using the Subscription Services is obliged to comply with the generally applicable law, both in the home country and in countries in which the Subscriber does business, and provisions of these Terms of Service. Subscriber is obliged to post, send or use only such materials, content or communications that comply with relevant law.
- Subscriber acknowledges that the Subscription Services have not been designed to process or manage sensitive information, including medical data, and credit card payment or other payment or transaction information, and accordingly Subscriber agrees not to use the Subscription Service to collect, manage or process sensitive information, including medical data, and credit card payment or other payment or transaction information. MPC shall not have and MPC specifically disclaim any liability that may result from Subscriber’s use of the Subscription Service to collect, process or manage sensitive information, including medical data, and credit card payment or other payment or transaction information.
- A Subscriber is obliged to refrain from any actions that could damage or disturb the operation of the platform available through https://getzendo.io, or any system, hardware, software or network connected to the platform included but not limited to:
- attempts at disturbing, breaking the security or cutting off access to accounts of other Subscribers or to their computers (DOS, DDOS attacks, DNS spoofing);
- attempts at hacking or reverse engineering any code or equipment in connection with the site https://getzendo.io;
- phishing, that is falsifying information which permits to identify a Subscriber or hiding such information without having first obtaining a written consent;
- uploading, posting streaming or transmitting any content that contains any viruses, worms, spyware, time bombs or other computer programs that may damage, interfere with or disrupt the site https://getzendo.io or computers or other users;
- unauthorized scanning of the network of other Subscribers in search of security gaps;
- unauthorized monitoring of network traffic or other attempts of intercepting information reserved for MPCor to other Subscribers;
- pharming, that is the use of malicious software, disturbing the operation of DNS servers or other ńmeans aimed at redirecting Subscriber to a website or to another site impersonating the site https://getzendo.io in order to gather personal data of Subscribers, the data necessary for logging or other information;
- taking over IP addresses.
- A Subscriber may not use the Subscription Services to engage or to assist others in any of the following:
- deceptive or misleading practices;
- abusing, intimidating or harassing others and stalking behaviour;
- uploading, posting, streaming or transmitting any content or material that is offensive, hateful or vulgar, including without limitation to any content or communication that is racially, ethnically, religiously, or sexually offensive, defaming, threatening, bullying or stalking;
- uploading, posting, streaming or transmitting any unsolicited or unauthorized material, including junk mails, SPAM, excessive mails or chain letters;
- uploading, posting, streaming, accessing or otherwise transmitting any content that infringes or violates any third-party rights (including, without limitation, intellectual property rights or privacy rights), any law or regulation, these Terms of Service or contractual obligations;
- using, making or distributing unauthorized software or hardware in conjunction with platform available through https://getzendo.io or taking or using the Subscription Services to design, develop or update unauthorized software or hardware;
- framing the platform available through https://getzendo.io, displaying the platform in connection with an unauthorized logo or mark, or taking actions that could falsely suggest a relationship between MPC and any third person or potentially deprive MPC of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
- unauthorized spidering, scraping or harvesting content, contact or other personal data or using any other unauthorized automated means to compile information;
- defeating any access controls, accessing any portion of the site https://getzendo.io that MPC has not authorized Subscriber to access (including password-protected areas), link to password-protected areas, attempt to access or using another Subscriber’s account;
- direct or indirect sending, collection, sale or distribution of email addresses for the purposes of sending mass unsolicited correspondence (SPAM).
- Subscriber shall notify MPC right away of any unauthorized use of Subscriber’ identifications and passwords or the Account.
- Subscriber is solely responsible for all materials, content and communications posted or sent within the platform available through https://getzendo.io and bears the full consequences thereof. MPC is not liable for materials, content and communications posted or sent by Subscriber.
- Subscriber acknowledges and agrees that MPC has no obligation to monitor or edit the Subscriber Data, and that Subscriber is solely responsible therefor. MPC reserves the right to remove any Subscriber Data which MPC becomes aware may violate these Terms of Service or is abusive, illegal, or disruptive, or that violates other applicable terms, rules or agreements between Subscriber and the MPC.
- MPC will use commercially reasonable efforts to ensure that the Subscription Services are available twenty-four hours a day, seven days a week. However, MPC makes no representation, warranty or guarantee regarding the continuous availability or performance of the Subscription Services. Subscriber acknowledges that the Subscription Services may be unavailable for use occasionally without notice to Subscriber. MPC will use commercially reasonable efforts to make the Subscription Services continuously available to Subscriber, subject to scheduled maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Reasonable steps will be taken by MPC to minimize such disruption where it is within MPC’s reasonable control. Within the maximum extent allowed by applicable law, MPC shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
- Within the maximum extent allowed by applicable law, MPC shall not be liable for temporary breaks in the platform available through https://getzendo.io, caused by the implementation of new solutions and facilities within the framework of the platform available through https://getzendo.io or maintenance works on the IT system equipment used to provide access to the platform available through https://getzendo.io. As much as possible, MPC will be notifying Subscribers of any scheduled breaks in the operation and accessibility of the platform available through https://status.getzendo.io or any inconveniences that may occur in its use.
- In cases affecting the security or stability of the platform available through https://getzendo.io, MPC reserves the right to temporarily reduce or suspend the access to the platform available through https://getzendo.io without previously notifying Subscribers and to conduct maintenance works aimed to reinstate the security and stability of the site and the Subscription Services. In such a case MPC shall not bear any liability vis-à-vis Subscriber’s for described actions.
- Subscriber agrees to defend, indemnify, and hold MPC and its employees and contractors, harmless from and against all liabilities, damages, losses, claims, costs and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of Subscriber’s use or misuse of the platform available through https://getzendo.io and the Subscription Services and related to third party claims, charges or investigations, caused by Subscriber’s breach of these Terms of Service, including, without limitation, Subscriber’s violation of any law or regulation or the rights of any third party.
- MPC shall not be liable for losses due to indirect damage and consequential damage, including loss of expected profit, loss of data or restoration of such data, loss of goodwill, losses arising from payment transfers, technical failures, unauthorised access, improper setup or other similar consequential damages, in connection with the use of the Subscription Services.
- MPC shall not be liable for losses due to lack of features of the system, regardless of whether MPC has been informed of the potential for such loss, and irrespective of whether MPC is accused of the loss based on negligence or the like.
- MPC is not liable for losses caused by force majeure, including laws, regulations, regulatory actions or the like, power failures, loss of telecommunications, fire, smoke damage, explosion, water damage, vandalism, burglary, terrorism or sabotage, strikes, lockouts, boycotts, or embargos. This applies even if MPC is party to the conflict, and even if the conflict only affects parts of functions of the platform available through https://getzendo.io and the Subscription Service.
- Warranty claims regarding the Subscription Services upon can be submitted by the Subscriber to the MPC, by sending the warranty claim through the email address firstname.lastname@example.org.
- The warranty claim should be submitted within 30 calendar days as of the moment when the reasons for the complaint have become apparent. Upon lapse of the aforementioned time limit a complaint may not be taken into consideration.
- The warranty claim should include the Subscriber’s contact information, including email address used to create Subscriber Account and a short description of the reported issue.
- MPC shall respond to justified and timely claims in written form or via email, to the address given by the Subscriber, within 30 days of receiving the claim, informing whether or not it accepts the claim, and either present a solution, or inform that there are no grounds for recognizing the claim, justifying its position.
- If a given claim does not include the elements stated in section 10.3 above, MPC informs a Subscriber that a complaint cannot be considered explaining reasons for such a case.
- MPC reserves the right to remedy the defect if the warranty claim is justified and timely. The Subscriber may not make other claims against MPC and may not claim compensation of any kind. MPC is not liable for any direct or indirect losses resulting from the defect.
- If a Subscriber is not satisfied with MPC’s response with respect to the warranty claim, the Subscriber may take the matter to an external independent dispute resolution.
- MPC shall not consider warranty claims resulting from ignorance of the legal regulations in force, provisions of these Terms of Service, or the information announced on the site https://getzendo.io.
- Any intellectual property rights of the platform available through https://getzendo.io and the Subscription Service are the exclusive property of MPC or their respective owners. All creative elements placed on the platform available through https://getzendo.io are protected by intellectual property rights, and in particular by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the sites are the intellectual property of MPC or third parties. Therefore, they may not be reproduced, used or represented without the prior authorization of MPC or third parties. Any proprietary or intellectual property rights to works owned by a third party, which do not constitute the content of the platform available through https://getzendo.io but are accessible by using the platform, constitute the property of their respective owners and are protected by copyright law, or other laws governing intellectual property.
- Subscribers can use third parties’ products offered through the platform available through https://getzendo.io in accordance with and subject to licenses granted by these third parties.
- By subscribing to the Subscription Services, Subscriber acquires a limited, revocable, non-transferable, non-assignable, non-sublicensable, non-exclusive, and continuous right to use the Subscription Services in accordance with the applicable terms and subscription conditions stated in these Terms of Service solely for the purposes stated in the these Terms of Service.
- The license granted by means of these Terms of Service and Subscriber’s right of use of the Subscription Service will terminate immediately if Subscriber fails to comply with these Terms of Service.
- Subscriber will not: (a) copy, modify, adapt, translate or otherwise create derivative works of the platform available through https://getzendo.io; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the platform available through https://getzendo.io, except to the extent applicable laws specifically prohibit such restriction; and (c) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Subscription Service.
- MPC does not claim ownership of any content that is Subscriber Data. The Subscriber explicitly authorises MPC to process the Subscriber Data for the limited reasons and purposes listed hereunder which is called “a license” in the legal language. The Subscriber Data remains the Subscriber’s property but it’s usage under such limited license by MPC may be necessary in particular to perform the Subscription Service, improve the Subscription Service, use third-party service providers or to perform MPC’s legal obligations. Therefore, Subscriber hereby grants MPC a non-exclusive, worldwide license to use, reproduce, modify, create derivative works of, display, perform and transmit the Subscriber Data in connection with MPC’s operation of the Subscription Service and as otherwise authorized herein. MPC may use and disclose Subscriber Data as follows: (i) MPC may use Subscriber Data for MPC’s internal business purposes (such as analyzing usage of and developing and improving MPC’s products and services); (ii) MPC may disclose Subscriber Data to its third-party service providers that assist it in making the Subscription Service available as is reasonably necessary for such assistance, subject to appropriate confidentiality obligations; and (iii) MPC may disclose Subscriber Data as may be required by law or legal process.
- MPC shall own all right, title and interest in and to all data collected by MPC in connection with the operation of the Subscription Services and Subscriber’s use thereof. Such data may include, by way of example and not limitation, when and how often Subscriber uses the Subscription Services and which features thereof are used the most often. MPC may aggregate and anonymize this information and share it with third parties provided that MPC does not include any personal data or identify Subscriber and/or Subscriber’s Representatives and /or and Subscriber’s customers. MPC may use those data in an anonymized manner for machine learning to support certain product features and functionality within the Subscription Services. MPC will not disclose such data to any third party in a manner that identifies Subscriber and/or Subscriber’s Representatives without their consent other than (i) disclosure to the MPC’s third-party service providers who use it for the benefit of MPC and the Subscriber and subject to reasonable confidentiality terms; or (ii) as may be required by law or legal process.
- Each Party shall keep confidential all information and materials provided or made available by the other party that is marked as confidential or proprietary or (for orally disclosed information) is identified as confidential or proprietary at the time of disclosure and confirmed in writing (including e-mail) as such within fifteen (15) days of the disclosure (“Confidential Information”).
- The features, functionality and content of the site: https://getzendo.io, any documentation, and any information regarding planned modifications or updates to the site: https://getzendo.io or other MPC products and services constitutes Confidential Information of MPC.
- Each party shall keep and instruct its employees and agents to keep Confidential Information confidential by using at least the same care and discretion as used with that party’s own confidential information, but in no case less than a prudent and reasonable standard of care.
- Neither party shall use Confidential Information other than for purposes of performing its obligations hereunder or as authorized by the disclosing party.
- Information or materials shall not constitute Confidential Information if it is: (i) in the public domain through no fault of the receiving party, (ii) known to the receiving party prior to the time of disclosure by the disclosing party, (iii) lawfully and rightfully disclosed to the receiving party by a third party on a non-confidential basis, (iv) developed by the receiving party without reference to Confidential Information or (v) required to be disclosed by law or legal process, provided that the receiving party promptly provide notice to the disclosing party of such request or requirement so the disclosing party may seek appropriate protective orders.
- If any party, its employees or agents breaches or threatens to breach the obligations of this Section 13, the affected party may seek injunctive relief from a court of competent jurisdiction, in addition to its other remedies, as the inadequacy of monetary damages and irreparable harm are acknowledged.
Amendments and modifications
- MPC reserves the right to change the functionality of the platform available through https://getzendo.io at any time, in particular by introducing new functions and facilities for Subscribers.
- MPC at its sole discretion may modify the provisions of these Terms of Service. In such cases the Subscriber will be informed about modifications by posting on the https://getzendo.io/blog. Unless otherwise stated in these Terms of Service, modifications take effect on the date specified by the MPC, which may not be earlier than 14 calendar days from the date of the said announcement. The Subscriber who does not agree to the modifications may terminate the agreement with MPC by sending the relevant termination notice by email address email@example.com. Termination shall become effective upon receiving Subscriber’s statement at the end of the calendar month. Continued use of the Subscription Services after modifications have been effectively made to these Terms of Service indicates Subscriber’s acceptance of the modified Terms of Service.
- MPC at its sole discretion may immediately and without prior notice to Subscribers modify the provisions of these Terms of Service at any time for one or more of the following reasons:
- to comply with any change or anticipated change in any relevant law;
- to reflect any decision of a court, ombudsman or regulator;
- for security reasons;
- as a result of changed circumstances;
- as a result of changes in the cost of providing Services; or
- to make them clearer.
- Changes regarding payments does not affect the fees and prices related to subscriptions previously purchased by the Subscriber.
- The parties are independent contractors with respect to each other. These Terms of Service do not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. No party shall have any right to obligate or bind any other party in any manner whatsoever.
- Nothing herein shall give, or is intended to give, any rights of any kind to any third parties. The Subscribers may not assign or transfer any of their rights or obligations under these Terms of Service without the prior consent of MPC, whose consent will not be unreasonably withheld.
- Neither party will be responsible for any failure or delay in its performance under these Terms of Service due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
- These Terms of Service are publicly available at the following internet address https://getzendo.io/terms-of-service.
- Any queries or comments regarding these Terms of Service may be submitted by mail address: firstname.lastname@example.org.
- Unless otherwise stated in these Terms of Service, all notices shall be given in writing and sent by registered or certified mail, with postage prepaid and return receipt requested, to (with respect to MPC) the MPC address noted in the preamble of these Terms of Service and (with respect to Subscriber) to any Subscriber business address. All notices shall be presumed to have been given seven (7) business days following deposit in the mail as set forth in the foregoing.
- Any provisions of these Terms of Service which may be found inconsistent with any absolutely binding provisions of applicable law which provide consumer protection or special rights or entitlements reserved for consumers shall not apply to contracts and agreements concluded between MPC and a consumer, but only to the extent that would be found inconsistent with such provisions of law.
- These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of these Terms of Service.
- These Terms of Service were originally written in English and may be translated into other languages. In the event of a conflict between a translated version and the English version, the English version shall prevail.
- The Terms of Service come into effect on 01.01.2022.