Terms of Service
This english version is a translation. Only the german version is legally binding, which can be found here: zenmate.de/agb
These Terms of Service (hereinafter referred to as "ToS") apply to the use of the service ZenMate. ZenMate is a service offered by ZenGuard GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter referred to as "ZenGuard", "we" or "us").
(1) Our ToS apply to all services which we provide in connection with ZenMate, particularly to free services as well as non-gratuitous services. The scope of application includes the ZenMate browser plugin, the ZenMate App as well as all other services, we offer with respect to ZenMate (hereinafter "ZenMate" or the "ZenMate Services").
(2) Deviations from our ToS shall only be deemed as agreed if expressly confirmed in writing by us. Other terms and conditions shall not become part of the contract between us and the user even if we do not expressly object to those terms and conditions.
(3) Additionally, specific terms may apply to the use of a ZenMate Service. In particular, the respective service description is applicable, which you should read carefully. These terms form an integral part of the agreement between you and us.
(4) We are not responsible for services provided by third parties which you access via ZenMate. This also applies to social networks where ZenGuard / ZenMate is represented with an own site. In these cases, the terms and conditions of the respective site operator or social network provider apply.
2. Conclusion of the Contract
(1) For the use of ZenMate it is required that you are a consumer (hereinafter referred to as "User"), install the Plugin or the App and register.
(3) You are allowed to use ZenMate for private purposes only. The use for commercial purposes is forbidden if we do not expressly allow it in writing.
(4) In case you want to use our ZenMate Service which is subject to registration, we will make you aware that the ToS apply. You will have the option to print or download the ToS.
(5) Minors are permitted to use our free as well as our non-gratuitous services only with the consent of their legal representatives or in case the amount due is provided immediately using money which the respective minor received for this purpose.
3. Registration and E-Mail Address
(1) At the moment, registration for the ZenMate Services is free of charge. In case ZenMate Services or certain functions are subject to a charge or will be subject to a charge in the future, this will be clearly pointed out to you before costs arise. You shall have no claim to use ZenMate Services. In case a User has once been excluded permanently, re-registration or the use of ZenMate without our explicit consent is forbidden.
(2) A valid e-mail address must be provided at registration.
(3) Purpose of the submission of your e-mail address is the creation of your user account as well as to contact you or provide information to you pursuant to statutory provisions. Using your e-mail address and password you will be able to login and access ZenMate's non-gratuitous services as well as your account overview (Dashboard). The Dashboard which provides you with an overview over ZenMate's non-gratuitous services you have currently in use and you can also terminate these services via the Dashboard.
(4) Furthermore, we will use the e-mail address provided by you in order to notify you promptly about any modifications to ZenMate or in compliance with the statutory permission of section 7 para. 3 of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG) to provide information to you about similar products or services offered by us. In case you wish not to receive any such marketing e-mails any more, you can object to the respective use of your e-mail address any time by written notice to ZenGuard GmbH, Ritterstr. 12-14, 10969 Berlin or by e-mail to email@example.com, with the subject "objection to e-mail marketing". No costs other than submission costs based on the basic tariffs will arise. When contacting us via e-mail in this matter, please ensure that you use the e-mail address which you provided to us or name the e-mail address in question.
(5) You guarantee the accuracy of the information provided by you during registration and that you are authorized to use the e-mail address provided to us. If your contact details change, you must notify us immediately.
(1) You are required to install our Browser Plugin or our App in order to make use of ZenMate.
(3) The ZenMate App may provide you - pursuant to the up to date service description - with additional features: e.g. a compression of the data flows from your mobile device to the internet, whereby the amount of the transmitted data traffic is reduced. The compression only causes a technical alteration of the data but no alteration of the content of the data. Therefore, e.g. transmitted pictures are displayed unchanged. Furthermore, if such a function is available and activated, the App searches the data traffic for malware and adware and blocks these elements automatically, so that they are not displayed on your device.
(5) When using ZenMate, we may display in the framework of our free services advertisements in your browser or smartphone which are generated by us or by third party providers. These advertisements may overlay other elements shown on your screen.
(6) Your rights and obligations regarding the use of ZenMate as well as liability issues are described in the remaining provisions of this ToS, provided that in the particular case no additional terms of service apply.
5. Intellectual Property Rights
(1) 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 without our explicit consent is forbidden. This also applies to any recording in electronic databases and reproduction on CD, DVD etc. In particular, any private and/or commercial reproduction, modification, and distribution or any misuse of ZenMate is forbidden. The limiting provisions according to chapter 6 of the German Copyright Act (Urheberrechtsgesetz - UrhG) shall remain unaffected.
(2) 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 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.
(3) To the extent there exists no such copyright or other intellectual property rights to ZenMate, the terms of conditions of our ToS apply to such cases accordingly.
(4) The provisions in accordance with sections 69d para. 2 and 3, 69e UrhG shall remain unaffected.
6. Restrictions of Use / Indemnification
(1) When accessing third-party content and services via ZenMate you will exclusively contract with the third party. ZenMate acts neither on behalf of the provider nor does it procure third-party services or act as an agent on behalf of third parties.
(2) The use of ZenMate 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.
(3) You agree that you shall not use ZenMate for unlawful purposes, in particular not for the creation of any of the following content:
- Content which incites hatred against parts of the population or against a racial, sexual, religious or national group or that incites to acts of violence or arbitrary actions against such groups and violates the dignity of human beings by insulting, maliciously degrading or defaming parts of the population or any of the aforementioned groups;
- Content which displays minors in unnatural sexually suggestive poses, that are pornographic, particularly such content that displays violence, images of child abuse or sexual interactions between human beings and animals as well as content that violates any other provisions designed to protect minors, in particular contents according to the applicable provisions of the Interstate Treaty for Protection of Youth in Media (Jugendmedienschutzstaatsvertrag - "JMStV"); this also applies to such content that only refers or insinuates to the aforementioned content.
- Content which promotes games that require permission from the authorities (in particular in particular gambling pursuant to section 284 German Criminal Code, Strafgesetzbuch - StGB) or which contain chain letters, snowball and pyramid schemes, bets or similar content.
- Threatening, insulting, defamatory or any other offensive content or any other racist or xenophobic statements.
- Content that violates people's privacy and/or their general personal rights and/or represents a threat or puts or might put a person under pressure.
- Content that violates a third parties' right to their own images;
- Content that infringes copyrights or other intellectual property of third parties (e.g. images without the necessary license).
(4) You agree not to commit any copyright infringement when using ZenMate, for example by downloading copyright protected files or granting other people access to those. Such use is prohibited.
(5) You shall refrain from any activity which aims at interfering with ZenMate's functionality.
(6) You shall indemnify and hold ZenGuard harmless from any and all third party claims against ZenGuard which arise from your culpable breach of one of your obligations under this Section 6.
(7) You shall reimburse ZenGuard the reasonable costs of legal defense against the claims by third parties described in Sec. 6 para (6) above.
7. Control and Suspension of User Accounts
(1) We generally do NOT observe to which web service you gain access with ZenMate. Therefore, we assume no liability for your user behavior. However, we might be obligated by law to restrict access to certain content. In such case you will be notified.
(2) In the event of concrete circumstances indicating a user's breach of Section 5 or 6 of these ToS, we may react as described below, taking into account all circumstances of the individual case and giving due consideration to the user's interests:
- When choosing a sanction in such cases, we will take sufficient account of the gravity of the breach as well as to which extent you are liable for it.
- We will issue a warning to the user if this is less severe and appropriate in the individual case.
- If suspicions are confirmed that a user has failed to comply with clause five (5) or six (6), we may completely or partially suspend or delete the user's account. The user's account, however, shall only be deleted in case of a repeated breach of our ToS or in case he acts with the intent to cause damage or with the intent of unjust enrichment. If the user has been suspended or his/her account has been deleted, not only the user name, e-mail address or the respective user account are subject to this suspension, but the suspension does also apply to the respective user as an individual.
(3) In accordance with statutory requirements under German law we shall be entitled to terminate the agreement with the user with immediate effect if the respective statutory requirements are met. Any other claims remain unaffected.
8. Availability of ZenMate
(1) The free use of ZenMate is offered under the premise of availability. We strive to ensure that our free services are provided without any malfunction. However, maintenance, development or other disturbances may restrict or temporarily interrupt the availability. It might happen that not all servers are available or server breakdowns occur with the consequence that you may not be able to select the desired server. In case our free services are affected by such disturbances, you shall not have any claims for compensation against us.
(2) We may also modify or discontinue our free services and benefits without notice any time at our sole discretion. Non-gratuitous services may be discontinued at the end of the term of the respective contract.
9. Our Liability
(2) As far as subject of the contract are non-gratuitous services, we are liable pursuant to the German statutory law for such damages to the user's disadvantage caused by willful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit) or damages resulting from the absence of a contractually guaranteed feature or such resulting from culpable injury to health, body or life or if we are liable according to the German Product Liability Act (Produkthaftungsgesetz - ProdHG).
(3) With respect to other damages our liability regarding the violation of an essential contractual duty (hereinafter referred to as "main duty" - Kardinalspflicht) is limited to those damages predictable as typical when performing the contractual services.
(4) Main duties are such obligations which need to be fulfilled in order to perform the agreement and on whose fulfilment the other party may rely and whose breach endangers the contractual purpose.
(5) Regarding free service agreements, irrespective clause 9 (1) to 9 (3), we shall be liable without limitation only for such damages caused by willful misconduct and gross negligence in compliance with section 521 German Civil Code (Bürgerliches Gesetzbuch - BGB).
(6) With respect to all other damages and breaches of obligations, we and the people we use to perform a task and who generally follow our instructions ("Vicarious agents" according to section 831 BGB - Verrichtungsgehilfe) as well as people who we use to perform a specific task as well as our legal representatives (so called Erfüllungsgehilfe according to section 278 BGB) are not liable.
(7) In case damages result from the loss of user data, we assume no liability if such damages could have been avoided by a regular, adequate and comprehensive backup of all relevant data by the user himself.
As far as warranty claims may exist, the statutory provisions shall apply. This applies with the restriction that the warranty period shall be limited to one (1) year. The aforementioned restriction, however, does not apply to such damages based on material defects due to the non-existence of a guaranteed feature or based upon culpable injury to health, body or life or where the ProdHG applies. Please note, that we assume no guarantee.
11. Non-gratuitous Services
With respect to non-gratuitous ZenMate Services, the following provisions do apply in addition to the aforementioned:
(1) The contract regarding non-gratuitous services comes into effect with the registration at the payment service provider of your choice, your acceptance of our ToS and our acceptance of the contract.
(2) By registering for a nongratuitous ZenMate Service and having completely entered the payment information into the system, you submit a binding offer on the conclusion of a contract regarding the use of the respective ZenMate Service. Descriptions of the services on our website or our App are a mere "invitation ad offerendum", i.e. a non-binding call to you to issue an offer.
(3) Our acceptance occurs at the latest by granting you access to our non-gratuitous services or parts of ZenMate. It is in our discretion whether to accept your offer or not.
(4) We will clearly outline during your ordering process whether the non-gratuitous service requires a one-time payment or whether a recurring payment applies which will be extended if the respective contract is not terminated.
11.2 Right of Revocation
Within 14 days after conclusion of the contract, you have the right of revocation, without giving any reason. Please see our refund policy for the necessary steps: Refund Policy.
(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) During the subscription term the costs for recurring payments may decrease or increase. The current contract period is not affected by such price changes though. An increase in price during a current contract period will only become effective if the User agrees. Otherwise your current contract expires at the end of the contractual period without requiring a notice of termination by either party.
(3) Reduced prices for test periods (e.g. a reduced price during the minimum contract duration) can only be claimed once per person.
(4) Any fees for the respective contract period shall be paid in advance and become due right after the order has been placed. Any subsequent payments shall be due at the beginning of the following contract period.
(5) The contract period cannot be suspended. Therefore, in such case reimbursement is not possible.
(6) 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.
(7) Upon request, the User may receive an payment receipt relating to his purchases in electronic form via e-mail.
(8) In case the User does not meet his/her payment obligations or charges back any payment made - irrespective further claims - we are entitled to suspend the User's access to ZenMate's non-gratuitous services or completely respectively. If the User's account been suspended due to default of payment, the account will be unlocked in case the User settles the amount due.
11.4. Warranty in case of non-gratuitous services
(1) In case you wish to claim compensation for incomplete or poor performance of our services, you are obligated to notify either us or the payment service provider, depending on what is stated in the payment service provider's terms of services in such case immediately after the asserted deficiency occured.
(2) If we are liable and you asserted your claim on time we will perform a subsequent delivery in case of incomplete performance, in case of poor performance we will either to repair or replace at our sole discretion. You are entitled to reduce the price payable in the event we object rectification or are unable to repair or replace.
11.5. Termination of Non-gratuitous ZenMate Services
(1) Non-gratuitous 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 ZenMate. 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 our non-gratuitous 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 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. Clauses 11.5. (3) and (4) also apply to this new contract period. 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.
(6) The Parties' statutory right according to German law to terminate the contract with immediate effect for cause ("Kündigung aus wichtigem Grund") shall be unaffected.
12. 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) The ZenMate Plugin requires an up-to-date browser, to which ZenMate is compatible, otherwise the installation will fail. For further information regarding the browser requirements, please see our service offers.
(3) It lies within your discretion to verify that your system fulfills the technical requirements in order to use the ZenMate Services. We recommend a respective verification in particular before you order non-gratuitous ZenMate Services. Our payment claim is not dependent on whether your system fulfills the technical requirements.
(4) ZenMate requires internet access. The download and use of ZenMate may cause transmission costs (charged by the internet service provider you have chosen). The same applies to the use of ZenMate and related services.
13. Data Protection
14. Termination of Free ZenMate Services
(1) Either party is entitled to terminate our free services at any time, you only need to uninstall the ZenMate Plugin or the ZenMate App respectively.
(2) The Parties' right to terminate the contract with immediate effect for cause ("Kündigung aus wichtigem Grund") shall remain unaffected. A party is in particular entitled to terminate the contract for cause if the other party continues to break essential provisions of our ToS despite warnings.
(3) Access to ZenMate will be suspended as soon as the termination takes effect.
(4) Any User has the right to terminate the use of ZenMate completely or - as far as technically possible - partially with regard to certain functions. Upon termination the personal data stored by us will be deleted. In case the User has chosen to subscribe to a newsletter, the e-mail address of this User may be stored for this purpose.
(5) Any User comments on our website ZenMate remain accessible even though they become anonymized by the deletion of the respective user name. Our rights to such content remain unaffected by the deletion of the User's account.
15. Modifications to our ToS
(1) We may modify our ToS any time without giving any reasons. Our modified ToS will be provided to the User in a suitable way, optionally via e-mail.
(2) The modified ToS are deemed agreed upon if the User does not object within one month, after having received such notification. The objection shall be submitted in text form, e.g. at least via e-mail. The aforementioned notifications shall inform the User about his or her right of revocation, the objection period and the consequences of failing to react. Alternatively the modified ToS may be presented the next time he logs in to his user account. In such case the modified ToS shall be agreed upon when the consumer gives his consent at the next login. They are deemed agreed upon if the consumer does not object within a month, beginning the day the modified ToS were presented to him for the first time. The objection shall be submitted in text form, e.g. at least via e-mail. When presenting the modified ToS the User will be explicitly informed about his right to object, the objection period and the consequences of failing to react.
(3) 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.
(4) ToS shall not be modified according to clause 15.1 and 15.2 if such modification disables or hinders the User to use the main features of ZenMate which he or she previously could use. The same applies in case the modified ToS contain further obligations for the User, which do not have any basis in the former ToS.
16. Final Provisions
(1) The Parties agree that the law of Federal Republic of Germany shall apply to this Agreement and all legal disputes arising out of this Agreement. The German and European private international law as well as the United Nations Convention on Contracts for the International Sale of Goods (CSIG) shall not apply.
(2) These - current - ToS are not stored by us as a separate contractual document which can be accessed by the User afterwards. However, the content of the contract shall be the content of our ToS and, if applicable, additional stipulations in text form, i.e. for example the respective services descriptions and the applicable other agreements between the parties.
(3) The contract is exclusively concluded in German. Contract language is German. In case of doubt the German version shall prevail.
(4) If individual provisions of this agreement are or become ineffective or void the validity of the remaining provisions is not affected hereby. In such case the ineffective or void provisions shall be replaced by the respective statutory provisions according to German law.