ZSENIE Terms of Service and Use

1. Recitals

    1. artemiScience LLC is the sole owner of ZSENIE in the United States and all other countries in the world.
    2. These terms of service and use (hereinafter referred to as “Terms of Service and   Use” or "TOSU") for ZSENIE specify the how the services provided can be used, accessed and expectations from all its users.
    3. The Service is defined by any services provided by ZSENIE, the ZSENIE site and any other tools in and accessed by the system.
    4. Every organization that uses ZSENIE selects at least one user to be their administrator ("Admin" or "Admins"). The Admin or Admins is the representative of the organization and point of contact with ZSENIE. Admin is responsible to add and delete users that belong and have access to the organization.
    5. You agree to terms listed here by clicking or tapping on the button for accepting the Terms.
    6. If you will be using the Service on behalf of an organization, you agree that Terms represent the organization and you have authority to represent the organization. In this case, you and the organization will be referred as you.

2. Fees and Payments

    1. Fees for the Service
      1. You agree to pay ZSENIE for each Service you purchase or use (including overage fees) in accordance with the pricing and payment terms presented.
      2. The organization will be billed in the method selected through the administrator dashboard.
    2. Subscriptions and Overage Fees
      1. ZSENIE's service is billed on subscription basis and you will be billed in advanced, on the recurring period, also referred as "billing cycle."
      2. Billing cycles are typically in monthly, semi-annual or annual subscription, and can be selected via the administrator dashboard.
      3. Overage charges are agreed on depending on the services and agreements provided and they will be billed on recurring monthly basis.
      4. Your subscription will be automatically renewed at the end of each billing cycle unless you suspend or terminate the subscription in the administrator board or by contacting the customer support team.
      5. Based on each individual agreement and data located in the system, there may be maintenance costs associated with the resuming of the Services.
    3. Taxes
      1. Prices listed do not include taxes, levies, duties or similar government assessments such as value added tax ("VAT") or income taxes outside of the United States unless otherwise indicated.
    4. Price Changes
      1. ZSENIE may change the fees, subscription costs and overage fees charged for its Services at any time, provided that for Subscription Services the change will take effect after the end of the term of the Subscription. ZSENIE will provide advance notice for any change in fees.
    5. Payments
      1. Failure to pay the subscription, fees or overage charges within 30 days from the date of invoice is considered overdue. Failure to make payments, may result in service being limited, suspended, or terminated which may result in loss of data associated with the Service.

3. Privacy Policy

    1. Privacy
      1. Data entered into the system including persona data, company data, customer data, data of others or third-party services is considered "Content."
    2. Information ZSENIE collects and stores
      1. Contact and site access credentials information such as name, email and encrypted passwords.
      2. Organization contact information such as email, phone number, and address.
      3. Billing data such as billing name, address, financial payment preferred method such as credit card, bank account information or wiring instructions.
      4. Organizational data such as users, customers, equipment, spaces, tasks, activities, products, services, steps and sequences to perform services, instructions, products, journal pages, requests, creations, results, and actions taken.
      5. Usage information such as services used, IP address, services, language preference, logs for pages visited, and errors, and browser, cookies, and operating system preferences.
    3. Information you share
      1. Our services let you share information with others, so when sharing information publicly, this information can be indexed by search engine. We cannot delete content from search engines.
    4. Information we share
      1. ZSENIE does not share any information with any third party.
      2. For organizations, the Admin has access to non-private data from the team and has the capability to change account settings.
      3. We may have to share information or data in order to meet applicable law, regulation or legal process enforced by government request, enforce site policies and percent or detect fraud.  If artemiScience is required to do so it shall, in the manner possible, inform the Client of said request.
    5. Data retention
      1. ZSENIE will NOT delete the Data inside that belongs to you unless 30 days have passed since the Service is terminated.
      2. ZSENIE offers Admins areas to allow for easy removal of data and information.
      3. Admins within the organization have the duty to determine the data retention and what can stay inside the application.

4. Cookies Policy

  1. Cookies collect some information on the devices and are used inside ZSENIE to improve user experience such as recognize the previous user signed in, switch to previous language used, session log in times.
  2. Users can disable or remove cookies via browser and are free to do so; however, disabling the cookies may possibly impact the user experience in the site.

5. Security

    1. ZSENIE sees security as one of the most important priorities. We value the trust from our customers in storing their private information in our servers, and we take responsibility to secure the information and will always strive for transparency.
    2. ZSENIE's server, databases and storage are hosted within Amazon Webservices, leader in cloud services.
    3. Admins are essential to the security of the data within the organization.  They decide which users are invited within their organization, verify that the correct email was invited, which users are deleted, the quantity and size of groups their organization needs, which users need to be in each of the groups and how long should a user be allowed to be idle before being timed out.
    4. Addition security measures for data protections, such as the requirement to use strong passwords to register to the account and inactivity timeouts are strongly encourage
    5. ZSENIE continuously reviews security policies and requires access to resources via secured SSH.
    6. ZSENIE encrypts all data in transit using a secure TLS cryptographic protocol.
    7. If we become aware of a security incident with the account, ZSENIE will take reasonable steps to notify the Admins without undue delay.
    8. Keeping the organizational data secure requires that everyone in the organization maintains their account safe, such as avoiding the use of identical passwords with other sites, and we suggest users to store their passwords in a secure location.
    9. To secure organization data privacy, ZSENIE’s Technical Support cannot access the organization data unless one Admin invites the ZSENIE Technical Support representative. Admins may revoke access to the technical support member by removing the user from the organization.
    10. In addition, ZSENIE provides a tool within the Admin dashboard to back up all the data of the organization locally.

6. Your Content

    1. You Retain Ownership of Your Content
      1. Users retain intellectual property rights of their own content, and ZSENIE does not claim ownership over any other your Content. These terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide services.
      2. You are the owner of your Content and you have responsibility that you have all the permissions related to the Content and to obtain permission from any content owned by someone else.
      3. ZSENIE is not responsible for any actions you take with respect to your Content inside the organization o publicly.
    2. Limited License to Your Content
      1. You grant ZSENIE a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative work, make publicly available your Content, BUT ONLY for the limited purpose to provide a Service to you.
    3. Other IP Claims
      1. ZSENIE respects third party intellectual property rights and expects our users to do the same.
      2. If anyone believes their IP rights have been infringed data on the site or provided by users, they should report via Contact ZSENIE form.
    4. Content Review
      1. To ensure compliance with legal obligations, ZSENIE may be required to review certain content submitted to the Service to determine whether it is illegal o violates any of these Terms.
      2. We can also prevent access or delete content that we believe violates the law or these Terms. However, ZSENIE has no obligation to monitor or review any content in the Site.

7. ArtemiScience and ZSENIE IP

    1. These terms, the usage of the site or subscription grants you ownership in the Service, its content, or its intellectual property.
    2. artemiScience and ZSENIE do not grant you the use of trademark or other brand elements unless they are communication directly from the ZSENIE Service.
    3. In addition, do not combine our brand assets with your name, with your name, marks or public content that could cause association with the brands.
    4. artemiScience and ZSENIE's trademarks are owned by artemiScience LLC in the United States and its affiliates in other countries.

8. Account Management

    1. Security
      1. If you have been issued an account in ZSENIE, you are responsible for safeguarding your passwords and credentials.
      2. You and not ZSENIE nor artemiScience are responsible for the activity in your account weather or not you authorized the activity performed.
      3. If you become aware of unauthorized access, you should notify ZSENIE immediately. Accounts may not be shared and may only be used by one individual.
    2. Account and Organization registration details
      1. Keep your account and organization registration details accurate.
      2. Impersonating other individuals or business is strictly prohibited.
    3. Perform backups
      1. Admins have capabilities to perform backups of their data locally. To the extent of the law, ZSENIE will not be liable for any failure to store or for loss or corruption of your Content.
    4. Customer Support
      1. In case it is requested by you, ZSENIE may assign you a customer success manager ("CSM"). The CSM may review your use of the Service and your Content to help you use the Services, including by proving reporting and usage insights.

9. User Requirements

    1. Legal Status
      1. If you are an individual, you may only use the Service if you have the authority to make a Contract with ZSENIE and artemiScience. If you do not have the power to make a Contract, you may not use the Service. If you are not an individual, you warrant that you are validly formed and exiting under the law of your jurisdiction.
    2. Minors
      1. "Minors" are individual under the age of 13 (or higher depending on the countries and territories). None of the Services are intended for use by Minors.
    3. Embargoes
      1. You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country that is in an embargoed with the United States or the U. S. Department of Commerce Denied Persons List or Entry List, you are not permitted to purchase any paid Services.

10. Acceptable Uses

    1. Legal Compliance
      1. You represent and warrant to comply with all laws and regulations applicable to the use of the Service.
    2. Your Responsibility
      1. You are responsible for your conduct, Content, and communication with others while using the Services. You must comply with the following requirements when using the Services:
        1. You may not purchase, use or access the Service with the purpose to build a competitive product or service or for any other competitive purposes.
        2. You may not use the Service by interfering with their normal operation, or attempt to access them other than through the instruction provided.
        3. You may not try to circumvent any limitations that ZSENIE imposes on your account.
        4. You may not probe, scan or test vulnerability of any ZSENIE system or network.
        5. You may not use any manual or automated system or software to scrape data from the site or Services.
        6. You may not deny other access to, or reverse engineer the Service.
        7. You may not engage in abusive or excessive behavior with the Service.
        8. You may not resell, assign, or lease the Service.
        9. You may not let third-parties access of the Service without written consent from us.
        10. If your use of the Service requires you to comply with industry-specific regulations, you will be solely responsible for compliance unless ZSENIE has agreed to.
    3. Your Content
      1. Introduction
        1. You should ensure that all the information provided to ZSENIE such as name, organization, registration details is accurate, complete and not misleading.
        2. We strive to maintain a positive experience for all of our users and the communities which the Services reach.
        3. If we become aware of Content that falls outside the acceptable use policy or in the spirit of everyone's positive experience, we will take steps to prevent uses from the service.
      2. Phishing and Security
        1. We will take specific measures if users or the general public are misled by the use of the Service.
        2. Posting a person's sensitive information without due consent is also prohibited.
        3. You may not transmit any viruses, malware, links or other malicious software through the Service.
        4. You may not use the Services to infringe in intellectual property of others.
      3. Privacy and Impersonation
        1. You may not impersonate others when using, distributing and publishing using the Service.
        2. You may only register the account for you and not register using "bots" or other automated method.
      4. Spam and Email
        1. We treat members inside and outside of the ZSENIE Service with respect, and ZSENIE has zero tolerance for spam.
        2. Outsiders receiving communication with the Service must have consented to the communication. ZSENIE accounts sending unsolicited or not consented email messages may be suspended or terminated.
        3. You must not send unsolicited email to newsgroups, message boards, distribution lists or any email address that has not given consent to receive emails.
        4. If you suspect that ZSENIE has been used by someone to send spam, please contact us immediately on the ZSENIE Contact Form.
      5. Criminal Activity
        1. The Service may not be used for any criminal activity or for violation of any applicable law.
      6. Violence and Harassment
        1. The Service may not be used to directly or indirectly threaten or attack others, organize or incite violence, harassment or property damage
        2. The Service may not be used to promote or glorify self-harm
        3. The Service may not be used to harass or bully others
      7. Pornography and Offensive Material
        1. You may not include graphic violent or pornographic material in any communications or publicly available content.
        2. It is strictly prohibited and we will swiftly report to the relevant authorities any display of sexual or pornographic content involving minors.

11. PCI Compliance

    1. Our Responsibility
      1. ZSENIE is responsible for the security of Cardholder Data that is collected, transmitted, stored or processed on our behalf.
    2. Your Responsibility
      1. You acknowledge and agree that you are prohibited from storing and collecting or entering cardholder data into any form of data field in the SERVICE except those fields SOLELY for the purpose of it.

12. Suspension and Termination of Services

    1. By You
      1. You can terminate your subscription at any time through your Admin page. The termination will result in inability of any users in the organization to access the application, deactivation of the services, and deletion of content in the Services.
      2. Once terminated the subscription, there will not be further charges unless a new subscription is purchased.
      3. If cancelling the service in the middle of a billing cycle, the remaining value of the subscription shall not be refunded unless said refund is required by law or in the sole discretion of ZSENIE to determine a refund.
    2. By ZSENIE
      1. ZSENIE may terminate your Subscription at the end of the billing cycle by providing at least 30 days prior written notice.
      2. ZSENIE may suspend the Services if you breach the Terms and fail to cure the breach within 30 days after ZSENIE sent a written notification, or fail to pay the Subscription within 30 days of being past due.
      3. ZSENIE may suspend, or terminate, the Service if you use a Service that causes legal liability to us or disrupts others or if we are investigating misconduct by you.
      4. In time sensitive situations, ZSENIE may take immediate actions to limit or suspend the service.
      5. ZSENIE has no obligation to retain your Content upon termination of the Service.
      6. If there is repeated breach of the terms, ZSENIE may take actions to further prevent the Service, including blocking your IP.

13. Limitations of Liability

    1. ZSENIE tries to keep the Service online, but there may be cases of unavailability for various reasons. Except as expressly provided in these terms and to the extent permitted by applicable law, the services are provided "AS IS" and ZSENIE or artemiScience LLC do not make any kind, expressed, or implied guarantee regarding availability, reliability or accuracy of the Services.
    2. To the extent permitted by applicable law, artemiScience LLC, ZSENIE and their affiliates, officers, employees, agents, suppliers and licensors will NOT be liable for any indirect, consequential, special, incidental, punitive or exemplary damage whatsoever or loss of use, data, business, revenues, or profits directly or indirectly arising out of or in connection with the services and these terms. Even if ZSENIE has been advised of the possibility of such damage.
    3. To the extent permitted by applicable law, the aggregate liability of each of artemiScience, ZSENIE and its affiliates, officers, employees, agents, suppliers and licensors arising out of in connection with the Services and the terms will not exceed the amount paid by you to ZSENIE for the use of the service during the 12 months prior to the event giving liability.

14. Changes and Updates

    1. TOSU may require changes over time. In the case that there is policy changes in the way we operate, we are committed to inform all the account holders.
    2. The latest version of the TOSU will be available in the Service.
    3. If you do not agree with the changes, you should stop using the Service because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

15. Entity and Governing Law

    1. Unless otherwise specified, the Services are provided by artemiScience, LLC.
    2. Reference to artemiScience, ZSENIE, us, we and out, references to artemiScience, LLC located 5 Middlesex Ave, Somerville, MA 02145, United States of America.
    3. This Agreement shall be construed according to, and the rights of the parties shall be governed by, the laws of the Commonwealth of Massachusetts in the United States of America and all proceedings between the parties in relation to this contract will be brought exclusively in the Commonwealth of Massachusetts.

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