Zenmetrics VOF. ("us", "we", or "our") operates the https://www.zenmetrics.io website (the "Service").
Your use of this website (the “Site”) and the services made available on the Site (together “Services”) are all subject to these Terms of Service (these “Terms”).
By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms. If you do not agree to these terms, do not use our services.
This Agreement shall be governed by and construed in accordance with Belgian law. The courts of Antwerp, Belgium, shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
You may not assign, subcontract, delegate, or otherwise transfer these Terms, or your rights and obligations herein, without obtaining our prior written consent. We may freely assign these Terms.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matters hereof and supersede and merge all prior discussions between the parties with respect to such subject matters. No modification of or amendment to these Terms, or any waiver of any rights under these Terms, will be effective unless in writing and signed by an authorized signatory of you and an officer of Zenmetrics.
Zenmetrics is providing the services on an “as is” basis for use at your own risk. Zenmetrics does not warrant that the operation of the services will be uninterrupted or error-free. Zenmetrics disclaims all warranties, whether express, implied or statutory, including without limitation, any implied warranties of title, non-infringement of third party rights, merchantability or fitness for a particular purpose.
You agree that Zenmetrics shall not be responsible for any loss or damage to you, your customers, or third parties caused by the use of or inability to use the services or failure of the services to function. In no event will Zenmetrics be liable for any special, consequential, exemplary, incidental, or indirect damages, including lost data and lost profits, in connection with the use of the services or other materials provided along with the services or in connection with any other claim arising from this agreement, even if Zenmetrics has been advised of the possibility of such damages.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services, your violation of these Terms, your violation of any applicable law, regulation or rule or your violation of any rights of a third party through use of the Services.
You will not:
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services (“Content”). You grant us a non-exclusive, worldwide, royalty-free and fully paid license to use the Content, as necessary, for purposes of providing the Services to you and other users of the Services. All rights in and to the Content not expressly granted to us in this Agreement are reserved by you.
You will not use our services to:
You agree that we may (but have no obligation to), in our sole discretion, remove or modify any Content which we deem to violate this section.
These Terms will continue to apply until terminated by either you or Zenmetrics as set forth below (the “Term”).
If you want to terminate your agreement with us, you may do so by (a) notifying us at any time; and (b) closing your accounts for the Services, where we have made this option available to you. Your notice should be sent, in writing, to Company’s address set forth below.
We may at any time terminate our agreement with you if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
Termination of your account includes: (a) removal of access to all offerings within the Services; (b) deletion of your password and all related information; and (c) barring of further use of the Services. Upon expiration or termination, you shall promptly discontinue use of the Services. However, the sections titled IP Ownership, Your Content, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnity, Term and Termination and General of these Terms will survive any termination of the Terms.
Subject to the rights granted in this Agreement, Zenmetrics retains all right, title and interest in and to the Services, and you acknowledge that you neither own nor acquire any rights in and to the Services other than the limited rights expressly granted under this Agreement.
You are responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur thereunder. You agree (i) not to allow a third party to use your account, usernames or passwords at any time; and (ii) to notify Zenmetrics promptly of any actual or suspected unauthorized use of your account, usernames or passwords, or any other breach or suspected breach of this Agreement.
If we make any substantial changes to these Terms, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of our Service. If you do not agree to the changes in the Terms, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website or Service, following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
You acknowledge and agree that any comments, ideas and/or reports provided to Zenmetrics (“Feedback”) shall be the property of Zenmetrics and you hereby irrevocably transfer and assign to Zenmetrics such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.