Terms and Conditions
A. General Business Terms for ZenMate Services
B. Special Terms for ZenMate non-gratuitous Services
General Business Terms for ZenMate Services
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 service, i.e. 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") is hereby offered by ZenGuard GmbH, Am Treptower Park 28-30, 12435 Berlin (hereinafter referred to as "ZenGuard", "we" or "us").
2. Conclusion of the Agreement
This agreement is concluded between ZenGuard GmbH, Am Treptower Park 28-30, 12435 Berlin and you, as User of ZenMate Sevices.
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.
3. The Services
ZenMate Services 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 is not meant as an antivirus or antimalware tool.
You are required to install our Browser Plugin or our App in order to make use of ZenMate.
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.
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.
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.
From time to time, ZenGuard at its absolute discretion, can modify ZenMate, for example by adding or removing certain functions.
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. You hereby agree to receive such updates and upgrades as part of your use of the ZenMate. We have no obligation to make available to you any support versions of the Zenmate Servicers. 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 transferrable, limited and revocable license to use the ZenMate Services solely in accordance with the terms of this Use Agreement. 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.
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.
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.
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 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 are 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 (including without limitation any related malware signatures and malware detection routines), or
(B) change, modify or otherwise alter ZenMate (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;
(D) use ZenMate to provide or build a product or service that competes with ZenMate;
(E) use or attempt to use ZenMate 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;
(F) gain or attempt to gain unauthorized access to ZenMate 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's functionality. Although we are committed to providing you with an unlimited number of simultaneous connections, abusing this feature (through inter alia resale or non-personal use or other breach of the license provided herein) might have an adverse effect on the quality and functionality of ZenMate Services. This is why we have implemented our Fair Usage Police. Fair Usage Policy has been created to prevent improper use of ZenMate, so we can offer all our customers an excellent user experience. When we detect something out of the ordinary in your use of the ZenMate Services, we'll contact you to discuss the situation and potential alternatives. If the situation continues, reserve the right to limit your usage of the ZenMate Services.
The present use agreement, the applicable laws and other provisions are binding for you and you are the only one responsible for the observance thereof. 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.
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.
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, by means of the contents downloaded via ZenMate, 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 the further access to such content.
EXCEPTAS OTHERISE 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.
A. 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 websitehttps://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 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. 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.
B. Separate regulations for the gratuitous ZenMate Services
In order to use the gratuitous ZenMate Services no user account must be configured. However, you must install the the ZenMate browser plugin and/or the ZenMate App.
ZenGuard is entitled anytime to suspend or restrict the access to ZenMate Services.
You can terminate this agreement anytime. To this end, you must delete the ZenMateApps and/ or browser plugin.
ZenMate can also terminate anytime this agreement.
12. Data protection
ZenMate reviews this use agreement from time to time and the updated version is always published on our website. ZenMate informs you on the amendments by means of a Pop-up window, when you log-in to the service. Then, you can accept the amendments to be able to further use ZenMate.
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.
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) 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.
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 ternms of this Agreement, the Parties hereby irrevocably submit to the exclusive jurisdiction of London, UK.
Special Terms for 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 to treat", 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.
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 a 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.
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.