The purpose of this document is to establish the General Conditions of Use of this mobile app owned by UNITIO PLUS SL (hereinafter “Zenkou” or “the Company”), whose registered address is Paseo de la Castellana 141 Madrid, VAT number B-82498320, with contact email address: info@Zenkou.com.
Zenkou reserves the right to amend these Conditions of Use to adapt them to the legislation in force at any given time. In addition to these General Conditions of Use, certain services in the App, due to their specific characteristics, may also be subject to their own specific conditions of use (hereinafter, the “Specific Conditions”). The Company may, at any time and without prior notice, make changes and updates to these Conditions of Use.
These changes shall be published in the App and shall apply as of the time they are published. As a result, the User should regularly check to see if any changes have been made in these Conditions of Use and, regardless of whether or not express consent is required, by continuing to use the Service after the changes have been published, the User agrees to and accepts such changes. In the event that the User does not agree to the updates in the Conditions of Use, he/she may revoke the consent given by ceasing to use the Service.
The party who downloads and uses the App is granted user status (hereinafter, the “User”), which involves reading, understanding and accepting all the terms and conditions stipulated herein.
ZENKOU grants the User a non-exclusive, non-transferable, revocable personal limited license on the App for personal, private, non-commercial use thereof, limited in all cases to the terms described in these Conditions of Use. This license shall be restricted to the period set forth in these Conditions of Use and shall be subject to the territorial availability of the App. Notwithstanding the above, ZENKOU can rescind or revoke this license at any time.
No other rights shall be construed as being granted to the User under this license beyond the use of the App under the terms established herein.
USE OF THE MOBILE APP AND ITS SERVICES
The User acknowledges and agrees that the contents and/or services offered in this mobile App shall be used exclusively at his/her own risk and/or liability. The User agrees to use this mobile App and all its contents and Services in accordance with any applicable legislation, ethical principles and the public order, as well as complying with these Conditions of Use and any Specific Conditions that may, in each case, apply. The User also agrees to use the Services and/or contents of the mobile App in an appropriate manner and to refrain from using them to perform illicit activities or actions that constitute a crime, that infringe or violate the rights of third parties and/or that violate intellectual or industrial property regulations or any other applicable rules of the legal order.
The User will not rely on this app as the primary source of anchor watches. The app may not be accurate due to different causes including; low battery level, inaccurate GPS signal, software bugs, hardware errors, etc. To use live alerts, the user will need two devices and a working internet connection on both of them. The User acknowledges and agrees that this app does not replace human anchor watches or other safe navigation practices and should never be used as the only reference source, it is just an app to show information using a mobile device. You agree that the author will not be liable for any resulting damage caused by using this application. User assumes all liability for operating and associated risks.
The User shall be liable for any action that infringes or breaches the terms set forth in these Conditions of Use or any legal provisions that may apply, and accepts any and all liability deriving from his/her use of the App and the videos generated, as well as for any negligence or breach of these Conditions of Use, including any consequential loss and/or loss of profits that could derive from such party's actions.
You may be able to make in-App purchases, in which case the fee is collected via Apple (for iOS) and Google (for Android) (our “Billing Service Providers”). We may also offer subscriptions, which can also be paid for via Apple and Google.
Information about paid Services is here and here.
You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your subscription plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service and otherwise manage your account using the App.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount.
Certain subscription offerings may include a free trial prior to charging your payment method. If you decide to unsubscribe from such a subscription before the Company starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period.
If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid.
No refunds are offered for any products or services offered via the App.
YOU ACKNOWLEDGE THAT IF YOU ELECT TO PURCHASE A SUBSCRIPTION YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES (INCLUDING OUR FEES AND CREDIT CARD HANDLING FEES) HAVE BEEN INCREASED.
INTELLECTUAL AND INDUSTRIAL PROPERTY
ZENKOU reserves all rights to the brand names, trademarks and other distinctive markings, patents and intellectual property related to the content and design of the App. All the contents of the App, including, but not limited to, texts, graphics, images, design and intellectual property rights to which said contents may be entitled, as well as the brand names, trademarks and other distinctive markings are owned by ZENKOU, which reserves all rights over them. Under no circumstances shall the downloading, access and use of the App grant the User any rights over said brand names, trademarks and/or distinctive markings, or any other intellectual property rights other than those expressly granted in these Conditions of Use.
Furthermore, ZENKOU respects the intellectual and industrial property rights of third parties, and therefore, if you feel that your rights or rights of third parties have been infringed, please contact ZENKOU as soon as possible at the following email address: info@Zenkou.com.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
The App, which includes, but is not limited to, the software, all the content and the services that may be accessed through it, is offered on an “as is”, “as available” and “with all faults” basis.
ZENKOU does not guarantee availability of access at all times or functional continuity of this mobile App and its services, nor does it warrant that it is free of errors. As such, ZENKOU shall not be held liable, within the limits set forth in valid legislation, for loss and damage caused to Users as a result of a lack of availability, access or functional faults or a lack of continuity of this mobile App and its services. ZENKOU shall be solely and exclusively liable for the Services it provides and for contents directly created by the company and identified with its copyright. This liability shall be excluded when situations of force majeure arise or in cases in which the configuration of the User's devices is inappropriate for the correct use of the online services provided by ZENKOU. Downloading, access and use of the App on mobile or similar devices does not entail an obligation by ZENKOU to monitor for the presence of viruses, worms or any other harmful IT components. The User shall, in all cases, be responsible for ensuring that proper tools are in place to detect and disinfect harmful software.
Furthermore, ZENKOU cannot guarantee that the Users of this mobile App will use the contents and/or services herein in a diligent manner without infringing third-party rights and in accordance with the law, ethical principles, the public order, these General Conditions of Use and, where applicable, the relevant Specific Conditions. ZENKOU shall not be held directly or vicariously liable for loss and damage of any kind deriving from the use made of the App by the Users. Therefore, use of this App does not entail an obligation by ZENKOU to verify the truthfulness, accuracy, appropriateness, suitability, thoroughness or topicality of the information furnished through it. ZENKOU shall not be liable for decisions made on the basis of the information provided through the App or for loss or damage incurred by the User or third parties as a result of actions based solely on the information obtained through the App.
To the maximum extent allowed by law, ZENKOU and, where appropriate, its affiliates, assignees or licensees, and their respective employees, agents, directors and partners, specifically decline from offering any of the above guarantees or any others that are not specifically mentioned herein, accepting no liability whatsoever in this regard. Should the law in any jurisdiction restrict or prohibit the above-mentioned transfer of liability of implicit or any other type of guarantees described above, the transfer or limitation of liability described above shall apply in the broadest manner allowed by the law in such jurisdiction, provided it is applicable to these Conditions of Use.
LINKS TO THIRD PARTIES
If any links to other mobile apps and/or websites are displayed in this App through buttons, links, banners, embedded content, etc., the User is hereby informed that such links are directly managed by third parties, and that ZENKOU wields no control or approval over them or over the contents they may host. In this regard, ZENKOU shall not accept any liability whatsoever for any aspect relating to any platform or website to which a link may exist from this App. Specifically, by way of illustration without limitation, this refers to the functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of the contents thereof, in general.
ANALYSIS OF USER INTERACTIONS
ZENKOU may use files or data storage devices in the App to measure interactions between Users of the App. In particular, the User is informed that ZENKOU, through this App, uses Google Analytics, a service provided by Google, Inc., an entity headquartered at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (hereinafter, “Google”).
The information that Google Analytics generates shall be saved directly by Google on its servers in the United States for the purposes of gathering data on the usage and activity of the App's Users, thus enabling ZENKOU to receive reports on this activity. Google may transfer the information obtained to third parties when required by law or when said third parties process the information on behalf of Google. Google does not associate the IP address that may be obtained from Users with any other data at its disposal. In any case, you are hereby informed that ZENKOU shall not gather, process or have access to the Users’ IP address or any other personal data on such parties.
For further information on Google Analytics, you may visit: https://www.google.com/intl/es_ES/analytics/learn/privacy.html
ZENKOU reserves the right to make any changes deemed appropriate in the App, and may modify, delete or add new contents and/or services, and the form in which they are displayed and localized.
In general, in order to use the Services in this mobile App, minors must first receive permission from their parents, guardians or legal representatives, who shall be held liable for all the acts performed through this mobile App by the minors for which they are responsible. In any Services where such is explicitly stated, access shall be restricted solely and exclusively to persons over the age of 18.
VALID TERM AND TERMINATION
The services and/or contents of this mobile App shall be provided for an indefinite period. However, ZENKOU shall, at all times and with no need for prior notice, be entitled to unilaterally terminate, suspend or interrupt the service provided and this mobile App and/or any of its services, notwithstanding the terms set forth in this regard in the relevant specific conditions.
Should any of the Conditions of Use herein be declared fully or partially null and void or inapplicable by any court, tribunal or other competent administrative authority, such invalidity or inapplicability shall not affect the remaining provisions of this document.
OUR COMMITMENT TO YOUR PRIVACY
WHAT INFORMATION DO WE COLLECT?
If you make in-App purchases or buy a subscription, our third-party billing service providers (Apple and Google) will collect information such as your full name, credit card number, and billing address.
If you email us, we may use your email address to reply to your email.
Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our App, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.
Location Information. When you use our App, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you.
WHERE DO WE STORE YOUR INFORMATION?
Your information may be stored in our own servers or in servers owned by third-party cloud storage providers.
HOW DO WE USE YOUR INFORMATION?
Information we collect from you might be used:
• To communicate with you or third parties
• To process your requests and transactions
• To provide you with the Service
• To improve our App and the Service
• To perform marketing activities
• To respond to your messages and comments
• For other purposes related to our business
HOW LONG DO WE STORE YOUR INFORMATION?
We intend to store some of your information indefinitely.
WHAT ABOUT LINKS TO OTHER WEBSITES?
We may provide links to or compatibility with other websites. However, we’re not responsible for the privacy practices employed by those websites or the information or content they contain.
HOW DO WE PROTECT YOUR INFORMATION?
We use appropriate physical, electronic, and other procedures to safeguard and secure the information we collect. However, please be aware that the Internet is an inherently unsafe environment, and that hackers are constantly working to defeat security measures.
Thus, we cannot guarantee that your information will not be accessed, disclosed, altered or destroyed, and you accept this risk.
HOW CAN YOU PROTECT YOUR INFORMATION?
We urge you to take steps to keep your personal information safe by not sharing it with others or posting it online.
DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES?
We do not collect, sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information (PII) for commercial or marketing purposes, except as stated herein.
Personal information (and non-personal information) collected through the Site may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us such as data storage and Web hosting services). We may share your personal information (and non-personal information) with third parties to serve you relevant advertising and market our products, but we won’t sell your personal information.
Information Disclosed in Connection with Business Transactions. If we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third-party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
NOT INTENDED FOR CHILDREN
Our App and Service are not intended for children under the age of 13. We do not knowingly or specifically collect information from or about children under the age of 13.
LAW AND JURISDICTION
Should you have any questions or concerns, you may contact ZENKOU at info@Zenkou.com.