Thank you for your interest in Clientzen. (“ClientZen”, “Company”, “we” or “us”) and our website at clientzen.io, along with our related websites, networks, applications, software, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service (“Terms”) are a legally binding contract between you and ClientZen regarding your use of the Service.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CLIENTZEN’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES CLIENTZEN MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS”). If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND CLIENTZEN’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CLIENTZEN AND BY YOU TO BE BOUND BY THESE TERMS.
The Service provides a digital workspace for groups of people to tag, search, analyze, and discover insights about customer feedback. You agree to use the Service only for its intended uses and as set forth in these Terms. We may permanently or temporarily terminate, suspend, or otherwise deny your access to the Service without notice or liability, if, in our reasonable determination, you violate any of these Terms, or the spirit or intention of these Terms, including engaging in any of the following specifically prohibited actions:
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they havethe authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any 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 (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our 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.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service.
Waiver. A waiver by the Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of the Company, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Romania. You agree that the courts of Romania shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.
Consent to Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you
(a) consent to receive communications from Company in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
Copyright/Trademark Information. Copyright © 2021 Clientzen, SRL. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information. The Service is offered by SC DIGITALYA OPS SRL, registered at Eternitate 76, Iasi, Romania, registration number: RO33709182. You may contact us by emailing us at support@clientzen.io.
You can access the Service via a web browser (Chrome, Firefox, Safari, IE or Edge) at app.clientzen.io. The Service is SSL (Secure Sockets Layer) enabled and enforced. To access the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may also upload additional content and information when you create your user profile. When creating your account and profile, you agree to provide accurate and complete information, and you represent and warrant that the content and information you provide will not violate any rights of third parties. You may delete your Account at any time, for any reason, by contacting us at support@clientzen.io.
You are responsible for maintaining the confidentiality of your ClientZen password and account; you are not permitted to share your account; and you are responsible for all activities that occur under your account, with or without your knowledge. If you believe that your account is no longer secure, then you must immediately notify us at support@clientzen.io.
The Service will require you to pay fees upon registering for the applicable plan. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Euros. For downgrades (including removing users, workspaces, or downgrading to a different plan) you’ll automatically be credited the difference, which will be used for future invoices. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
ClientZen reserves the right to determine pricing for the Service. ClientZen may change the fees for any feature of the Service, including additional fees or charges, if ClientZen gives you advance notice of changes before they apply.
ClientZen, at its sole discretion, may make promotional offers with different features and different pricing to any of ClientZen’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
ClientZen may collect taxes on the fees if we have a legal obligation to pay or collect taxes for the services provided to you. Such taxes can be but are not limited to value-added, sales, use, or withholding taxes, that may be levied by any jurisdiction (collectively, “Taxes”). We will use your address to identify the relevant tax and tax rate that applies to you if any. Any applicable tax will be included in a separate line on your invoice and you will be responsible for paying it unless you provide us with an approved tax exemption certificate from the relevant tax authority. In the event that a government imposes a withholding tax on any payment for our service, you will be obligated to reimburse us for that withholding tax.
You authorize ClientZen to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by ClientZen, to the payment method specified in your account. If you pay any fees with a credit card, Planable may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize ClientZen to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different provided payment method). You may cancel the Subscription Service by contacting us us at support@clientzen.io.
You are solely responsible for any User Content you post to the Service and the consequences of posting or publishing it. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service. By “User Content”, we mean any and all information and content a user submits to or uses with the Service. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
You retain copyright and any other intellectual property rights you already hold in any User Content that you submit to ClientZen. You represent and warrant that any User Content submitted by you is original to or owned by you, or, you have obtained all necessary permissions and releases for the use of such content, and all content posted by you on the Service does not infringe any copyright or other proprietary or intellectual property right of any other person or entity.
Although we strive to provide the most reliable software tools possible, interruptions and delays in accessing the Service are unavoidable. Because computer networks occasionally experience disruptions, we cannot guarantee that the Service will be available to you 100% of the time. We monitor our systems continually, and an engineer is typically available within an hour of service interruptions to take reasonable steps to resolve any reported issue, and we use reasonable efforts to restore service to our users promptly, often within a 24-hour period.
Regular backups of the database are made and retained at regular intervals. If you experience loss of data, we will attempt to restore data from the most recent working backup; however, we cannot guarantee that any lost user or data can be recovered or restored.
Under no circumstances will ClientZen or its suppliers be held liable for any damages due to such interruptions or lack of availability.
You agree to indemnify Company (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. The company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Service is provided on an “as-is” and “as available” basis, and, to the extent permitted by applicable law, Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
To the maximum extent permitted by law, in no event shall Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Service, even if Company has been advised of the possibility of such damages. Access to, and use of, the Service is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service.
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve the deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended.
We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. ClientZen will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
