Terms and Conditions
General Business Terms for ZenMate Services
Thank you for your interest in Zenmate Services! The below are the terms that govern the provision of our services to our users and the use of our Website. If you want to use our services, please read the below carefully and ensure you understand it.
BY ACCESSING, USING, INSTALLING OR DOWNLOADING ZENMATE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO BE BOUND BY THEM AND TO FULLY COMPLY WITH THEM. YOU FURTHER AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE ZENMATE AND YOU ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE, DO NOT ACCESS, INSTALL, DOWNLOAD OR USE THE ZENMATE AS DEFINED BELOW.
1. Service provider
The Zenmate VPN and other related products we offer with respect to ZenMate VPN (hereinafter "ZenMate" or the "ZenMate Services") is offered by or through ZenGuard GmbH, Carlstraße 50, 52531 Übach Palenberg, Germany (hereinafter referred to as "ZenGuard", "we" or "us").
2. Conclusion of the Agreement
This agreement is concluded between ZenGuard GmbH, Carlstraße 50, 52531 Übach Palenberg, Germany and you, as User of ZenMate Services.
You are allowed to use ZenMate Services only if you are legally capacitated and authorized to conclude an agreement with ZenMate and such conclusion is not forbidden to you according to the applicable laws.
Your rights and obligations regarding the use of ZenMate Services as well as liability issues are described in the provisions of these ToS.
3. The Services
ZenMate Services, provided by or through ZenMate as a sub-licensor, should provide you with the possibility to perform internet traffic using a computer (the so-called VPN-Server) in various regions and to keep your IP address hidden. Your data traffic is thus encoded and cannot be spied out. The goal of ZenMate Services is to protect your privacy but not your computer. ZenMate Services are not meant as an antivirus or antimalware tool.
From time to time, ZenGuard may, at its absolute discretion, modify ZenMate Services, for example by adding or removing certain functions, by terminating the provision of specific Services or features, by replacing specific technology with technology offered by third party providers.
ZenMate may, at its sole discretion, provide limited technical support, upgrades and updates for the ZenMate Services. In order to enhance and further develop the ZenMate Services we may automatically download and install updates and upgrades from time to time, including using third party technology. You hereby agree to receive such updates and upgrades as part of your use of the ZenMate Services. We have no obligation to make available to you any support versions of the Zenmate Services. Additionally, we shall have no obligation to provide support or maintenance for the Services under this Agreement.
5. License- Intellectual Property Rights
ZenGuard hereby grants you a personal, non-exclusive, not transferable, limited and revocable license to use the ZenMate Services solely in accordance with the terms of this Use Agreement. As between you and ZenMate, ZenMate reserves all right, title and interest not expressly granted herein under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or transfer any part of your rights under this Agreement is void.
You hereby represent and warrant that you will use the Zenmate Services solely for privacy and security needs and in full compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not agree to, nor shall you authorize or encourage any third party to: (i) prevent others from using the ZenMate Services; (ii) use the ZenMate Services for any fraudulent or inappropriate or illegal purpose (i.e., cyber activity); or (iii) act in any way that violates this Agreement.
ZenMate, in particular our database and the software used, are protected by copyright. Any reproduction, modification, distribution or storage of ZenMate or copyrighted information about ZenMate is only allowed to the extent necessary for the use of ZenMate. Any further exploitation, including any private and/or commercial reproduction, modification, and distribution or any misuse of ZenMate, without our explicit consent is forbidden.
As far as in the particular case the download or transfer of the source code or of a software is necessary (e.g. the Plugin or the App), the User does not acquire property rights with regard to the respective copy. The user obtains a non-exclusive right of use for the duration of this agreement, which is neither transferable nor sub-licensable to third parties and limited to the term of the contract. In case ZenMate Service is discontinued you are obligated to delete the provided program as well as any source code immediately.
Since the right of use is restricted to your personal use, you may not allow third parties to use ZenMate via your account.
6. External service providers
We make best efforts to monitor and choose our partners and secure the services provided to you. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS.
7. Safety of your user account
You are the only one responsible for the safekeeping of your password and for handling your user data. Please, change your password on a regular basis. Do not disclose to third parties your user information (Username and password). You are the only one responsible for the activities related to your user account as well as for the activities related to your user account which you have transferred unjustifiable to third parties.
8. Your responsibility
As ZenMate Services may be accessed from all around the world, you undertake to ensure that your use of the ZenMate Services will comply with all applicable local laws and regulations. You undertake to comply with all applicable laws, rules and regulations and warrant that you will not and will not permit any third party to use the service in any manner that may breach applicable law or infringe third party rights.
Without limiting the generality of the above, you undertake and warrant that you will not and will not allow a third party to:
(A) reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract any portion of the ZenMate Services (including without limitation any related malware signatures and malware detection routines), or
(B) change, modify or otherwise alter ZenMate Services (including without limitation any related malware signatures and malware detection routines);
(C) publish, resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or sublicense ZenMate Services;
(D) use ZenMate Services to provide or build a product or service that competes with ZenMate;
(E) use or attempt to use ZenMate Services to upload, store or transmit any data, information or materials that: infringe the intellectual property or other rights of third parties; contain any unlawful, harmful, threatening, abusive, defamatory or otherwise objectionable material of any kind; or otherwise in any way damage, disable or impair the operation of ZenMate Services;
(F) gain or attempt to gain unauthorized access to ZenMate Services or to networks connected to it, or to content stored or delivered through it, by any means, including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures.
(G) perform any activity which aims at interfering with ZenMate Services’ functionality.
You understand that ZenGuard undertakes no responsibility for your actions. In case of statutory violations by the user, Zenguard may cooperate with public or private authorities at its sole discretion as provided by law.Furthermore, ZenGuard reserves the right, in case of breach of this Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to Zenmate Services without awarding a refund for Services already paid for, as well as to initiate legal actions.
The use of ZenMate Services for commercial purposes or others than those described is forbidden. You are neither allowed to use ZenMate for advertising nor pretend to be in a business relationship with us or ZenMate. Any manipulation of ZenMate (e.g. by scripts, programs, avoiding entry barriers by hacking etc.) is strictly prohibited.
ZenGuard reserves the right, in case of breach of this Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to ZenMate Services without awarding a refund for Services already paid for, as well as to initiate legal actions.
Rightholders, who draw the conclusions that, via ZenMate Services, their legal interest, for e.g. the intellectual property, is violated, can contact our Copyright representatives at firstname.lastname@example.org so that we can prevent further access to such content.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, ZENMATE IS PROVIDED “AS IS” AND ZENGUARD MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW, JURISPRUDENCE OR OTHER THEORIES OF LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ZENGUARD DOES NOT WARRANT THAT THE OPERATION OF ZENMATE WILL BE UNINTERRUPTED OR ERROR FREE, THAT IT WILL WORK PROPERLY ON ANY GIVEN DEVICE OR WITH ANY PARTICULAR CONFIGURATION OF HARDWARE AND/OR SOFTWARE, OR THAT IT WILL PROVIDE COMPLETE PROTECTION FOR THE INTEGRITY OF SELECTED DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
You agree to indemnify and hold ZenMate and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the ZenMate Services. The user is solely responsible for his or her actions when using the ZenMate Services.
(1) ZenMate Services may be terminated by either Party at the end of the respective contractual term. For further information regarding the contract term, please see the respective service offer.
(2) For all terminations in compliance with our ToS the Dashboard shall be used, which can be found in your Plugin or our website https://zenmate.com. In case you are unable to gain access to your Dashboard, please notify us by using the mail address you provided to us for registration.
(3) For ZenMate Services a minimum contractual period is agreed upon, starting from the day of contract conclusion. The minimum contractual period and possible options are specified in the respective service offer. Depending on the offer as well as the chosen payment option, unless otherwise agreed, the contract is automatically renewed for a period corresponding to the minimum contract period, provided that the contract is not terminated at least one day prior to termination of the minimum contract period or then current contract period.
(4) If a payment option has been chosen which does neither allow automatic renewals of the contract nor periodical debits, the contract period terminates automatically upon expiration of the contract period. A notice of termination is not necessary.
(5) In case we provide you the possibility to switch our offered services during a contract period, this triggers a new minimum contract period for the respective service. This, therefore, may extend the duration of the contract period, yet without the right to terminate the contract at the end of the previous contract period. Any payments already made will be offset against the invoice of the subsequent contract period.
12. Data protection
ZenMate reviews this use agreement from time to time and the updated version is always published on our website. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on material changes to the Terms will be provided through an update to the Site or other prominent manner. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms. If the User objects to the modified ToS, both parties have the right to terminate the contract. In such case the contract ends either immediately or with respect to non-gratuitous services upon expiration of the agreed contract period.
14. Technical Requirements
(1) You need a computer or a mobile device with internet access in order to be able to use the ZenMate Services.
(2) It lies within your discretion to verify that your system fulfills the technical requirements in order to use the ZenMate Services.
(3) ZenMate Services require internet access. The download and use of ZenMate Services may cause transmission costs (charged by the internet service provider you have chosen). The same applies to the use of ZenMate Services .
15. Applicable law
The applicable law is English law and the UN Convention on contracts for the international sale of goods (CISG) is excluded. In case of disputes arising from the terms of this Agreement, the Parties hereby irrevocably submit to the exclusive jurisdiction of London, UK.
Special Terms regarding Payment
With respect to ZenMate Services, the following provisions do apply in addition to the aforementioned:
Zenmate Services are available to you upon selection of your subscription and registration. A full list of subscription plans and pricing is available on our Website. ZenGuard reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing shall not affect your existing subscription and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.
(1) Our service description displays all costs associated with our services and benefits. The prices agreed upon include the applicable statutory Value Added Tax (VAT).
(2) We may offer without any obligation a variety of payment options (e.g. credit, debit or PayPal). In case you pay via payment service providers, such as PayPal, the terms of service and private policy of the respective payment service provider apply; in such case it may be required that the User creates an account there in order to use such service. The payment process may be supported and simplified by a further service operator or provider, who provides so-called single-sign-on solutions.
(3) Upon request, the User may receive a payment receipt relating to his purchases in electronic form via e-mail.
To see more about cancellations and refunds please visit the Refund Policy on our Website.