Terms of Service
Last updated: 06/01/2022
1. Introduction
Welcome to Evolve Bits Inc. (“Company”, “we”, “our”, “us”)! As you havejust clicked our Terms of Service, please pause, grab a cup of coffee andcarefully read the following pages. It will take you approximately20 minutes.
These Terms of Service (“Terms”, “Terms of Service”)govern your use of our web pages located at www.zenskar.com operated by Evolve Bits Inc.
Our Privacy Policy also governs your use of our Serviceand explains how we collect, safeguard and disclose information that resultsfrom your use of our web pages. Please read it here www.zenskar.com/privacy.
Your agreement with us includes these Terms and ourPrivacy Policy (“Agreements”).You acknowledge that you have read and understood Agreements, and agree to bebound of them.
If you do not agree with (or cannot comply with)Agreements, then you may not use the Service, but please let us know by emailing at contact@zenskar.com or dpa@zenskar.com so we can try to find a solution. These Terms apply toall visitors, users and others who wish to access or use Service.
Thank you for being responsible.
2. Communications
By creating an Account on our Service, you agree to subscribe tonewsletters, marketing or promotional materials and other information we maysend. However, you may opt out of receiving any, or all, of thesecommunications from us by following the unsubscribe link or by emailing at.
3. Purchases
If you wish to purchase any product or service made available throughService (“Purchase”), you may beasked to supply certain information relevant to your Purchase including,without limitation, your credit card number, the expiration date of your creditcard, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use anycredit card(s) or other payment method(s) in connection with any Purchase; andthat (ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose offacilitating payment and the completion of Purchases. By submitting yourinformation, you grant us the right to provide the information to these thirdparties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time forreasons including but not limited to: product or service availability, errorsin the description or price of the product or service, error in your order orother reasons.
We reserve the right to refuse or cancel your order if fraud or anunauthorized or illegal transaction is suspected.
4. Contests,Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available throughService may be governed by rules that are separate from these Terms of Service.If you participate in any Promotions, please review the applicablerules as well as our Privacy Policy. If the rules for a Promotion conflictwith these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billedin advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automaticallyrenew under the exact same conditions unless you cancel it or Evolve BitsInc. cancels it. You may cancel your Subscription renewal either throughyour online account management page or by contacting Evolve BitsInc. customer support team.
A valid payment method, including credit card, is required toprocess the payment for your subscription. You shall provide Evolve BitsInc. with accurate and complete billing information including full name,address, state, zip code, telephone number, and a valid payment methodinformation. By submitting such payment information, you automatically authorize EvolveBits Inc. to charge all Subscription fees incurred through your account toany such payment instruments.
Should automatic billing fail to occur for any reason, Evolve BitsInc. will issue an electronic invoice indicating that you must proceedmanually, within a certain deadline date, with the full payment correspondingto the billing period as indicated on the invoice.
6. FreeTrial
Evolve Bits Inc. may,at its sole discretion, offer a Subscription with a free trial for a limitedperiod of time (“Free Trial”).
You may be required to enter your billing information in order to signup for Free Trial.
If you do enter your billing information when signing up for Free Trial,you will not be charged by Evolve Bits Inc. until Free Trial hasexpired. On the last day of Free Trial period, unless you cancelled yourSubscription, you will be automatically charged the applicable Subscriptionfees for the type of Subscription you have selected.
At any time and without notice, Evolve Bits Inc. reserves theright to (i) modify Terms of Service of Free Trial offer, or (ii) cancel suchFree Trial offer.
7. FeeChanges
Evolve Bits Inc., in itssole discretion and at any time, may modify Subscription fees for theSubscriptions. Any Subscription fee change will become effective at the end ofthe then-current Billing Cycle.
Evolve Bits Inc. willprovide you with a reasonable prior notice of any change in Subscription feesto give you an opportunity to terminate your Subscription before such changebecomes effective.
Your continued use of Service after Subscription fee change comes intoeffect constitutes your agreement to pay the modified Subscription fee amount.
8. Refunds
We issue refunds for Contracts within ninety (90) days of the originalpurchase of the Contract.
9. Content
Our Service allows you to post, link, store, share and otherwise makeavailable certain information, text, graphics, videos, or other material (“Content”). You are responsible forContent that you post on or through Service, including its legality,reliability, and appropriateness.
By posting Content on or through Service, You represent and warrantthat: (i) Content is yours (you own it) and/or you have the right to use it andthe right to grant us the rights and license as provided in these Terms, and(ii) that the posting of your Content on or through Service does not violatethe privacy rights, publicity rights, copyrights, contract rights or any otherrights of any person or entity. We reserve the right to terminate the accountof anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post ordisplay on or through Service and you are responsible for protecting thoserights. We take no responsibility and assume no liability for Content you orany third party posts on or through Service. However, by posting Content usingService you grant us the right and license to use, modify, publicly perform,publicly display, reproduce, and distribute such Content on and throughService. You agree that this license includes the right for us to make yourContent available to other users of Service, who may also use your Contentsubject to these Terms.
Evolve Bits Inc. hasthe right but not the obligation to monitor and edit all Content provided byusers.
In addition, Content found on or through this Service are the propertyof Evolve Bits Inc. or used with permission. You may not distribute,modify, transmit, reuse, download, repost, copy, or use said Content, whetherin whole or in part, for commercial purposes or for personal gain, withoutexpress advance written permission from us.
10. ProhibitedUses
You may use Service only for lawful purposesand in accordance with Terms. You agree not to use Service:
(a) In any way that violates any applicablenational or international law or regulation.
(b) For the purpose of exploiting, harming,or attempting to exploit or harm minors in any way by exposing them toinappropriate content or otherwise.
(c) To transmit, or procure the sending of,any advertising or promotional material, including any “junk mail”, “chainletter,” “spam,” or any other similar solicitation.
(d) To impersonate or attempt to impersonateCompany, a Company employee, another user, or any other person or entity.
(e) In any way that infringes upon therights of others, or in any way is illegal, threatening, fraudulent, orharmful, or in connection with any unlawful, illegal, fraudulent, or harmfulpurpose or activity.
(f) To engage in any other conduct thatrestricts or inhibits anyone’s use or enjoyment of Service, or which, asdetermined by us, may harm or offend Company or users of Service or expose themto liability.
Additionally, you agree not to:
(a) Use Service in any manner that coulddisable, overburden, damage, or impair Service or interfere with any otherparty’s use of Service, including their ability to engage in real timeactivities through Service.
(b) Use any robot, spider, or otherautomatic device, process, or means to access Service for any purpose,including monitoring or copying any of the material on Service.
(c) Useany manual process to monitor or copy any of the material on Service or for anyother unauthorized purpose without our prior written consent.
(d) Use any device, software, or routinethat interferes with the proper working of Service.
(e) Introduce any viruses, trojan horses,worms, logic bombs, or other material which is malicious or technologicallyharmful.
(f) Attemptto gain unauthorized access to, interfere with, damage, or disrupt any parts ofService, the server on which Service is stored, or any server, computer, ordatabase connected to Service.
(g) Attack Service via a denial-of-serviceattack or a distributed denial-of-service attack.
(h) Take any action that may damage orfalsify Company rating.
(i) Otherwiseattempt to interfere with the proper working of Service.
11. Analytics
Wemay use third-party Service Providers to monitor and analyze the use of ourService.
GoogleAnalytics
GoogleAnalytics is a web analytics service offered by Google that tracks and reportswebsite traffic. Google uses the data collected to track and monitor the use ofour Service. This data is shared with other Google services. Google may use thecollected data to contextualise and personalise the ads of its own advertisingnetwork.
For moreinformation on the privacy practices of Google, please visit the Google PrivacyTerms web page: https://policies.google.com/privacy?hl=en
We alsoencourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
12. No Use By Minors
Serviceis intended only for access and use by individuals at least eighteen (18) yearsold. By accessing or using any of Company, you warrant and represent that youare at least eighteen (18) years of age and with the full authority, right, andcapacity to enter into this agreement and abide by all of the terms andconditions of Terms. If you are not at least eighteen (18) years old, you areprohibited from both the access and usage of Service.
13. Accounts
When you create an account with us, you guarantee that you are above theage of 18, and that the information you provide us is accurate, complete, andcurrent at all times. Inaccurate, incomplete, or obsolete information mayresult in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your accountand password, including but not limited to the restriction of access to yourcomputer and/or account. You agree to accept responsibility for any and allactivities or actions that occur under your account and/or password, whetheryour password is with our Service or a third-party service. You must notify usimmediately upon becoming aware of any breach of security or unauthorized useof your account.
You may not use as a username the name of another person or entity orthat is not lawfully available for use, a name or trademark that is subject toany rights of another person or entity other than you, without appropriateauthorization. You may not use as a username any name that is offensive, vulgaror obscene.
We reserve the right to refuse service, terminate accounts, remove oredit content, or cancel orders in our sole discretion.
14. IntellectualProperty
Service and its original content (excluding Content provided by users),features and functionality are and will remain the exclusive propertyof Evolve Bits Inc. and its licensors. Service is protected bycopyright, trademark, and other laws of the United States. Our trademarksand trade dress may not be used in connection with any product or servicewithout the prior written consent of Evolve Bits Inc..
15. CopyrightPolicy
We respect the intellectual property rights of others. It is our policyto respond to any claim that Content posted on Service infringes on thecopyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and youbelieve that the copyrighted work has been copied in a way that constitutes copyrightinfringement, please submit your claim via email to contact@zenskar.com,with or dpa@zenskar.com the subject line: “Copyright Infringement” and include in your claim adetailed description of the alleged Infringement as detailed below, under “DMCANotice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys'fees) for misrepresentation or bad-faith claims on the infringement of anyContent found on and/or through Service on your copyright.
16. DMCANotice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to theDigital Millennium Copyright Act (DMCA) by providing our Copyright Agent withthe following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) an electronic or physical signature ofthe person authorized to act on behalf of the owner of the copyright'sinterest;
(b) a description of the copyrighted workthat you claim has been infringed, including the URL (i.e., web page address)of the location where the copyrighted work exists or a copy of the copyrightedwork;
(c) identification of the URL or otherspecific location on Service where the material that you claim is infringing islocated;
(d) your address, telephone number, andemail address;
(e) a statement by you that you have a goodfaith belief that the disputed use is not authorized by the copyright owner,its agent, or the law;
(f) a statement by you, made under penaltyof perjury, that the above information in your notice is accurate and that youare the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at contact@zenskar.com or dpa@zenskar.com.
17. Error Reporting and Feedback
You may provide us either directly at contact@zenskar.com or dpa@zenskar.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to theFeedback; (ii) Company may have development ideas similar to the Feedback;(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
The third party sites and tools mentioned above include the following:
Rollbar
Rollbar is error tracking service provided by Rollbar Inc. Find out morehere: https://docs.rollbar.com/docs/privacy-policy
Sentry
Sentry is open-source error tracking solution provided by FunctionalSoftware Inc. More information is available here: https://sentry.io/privacy/
18. LinksTo Other Web Sites
Our Service may contain links to third party web sites or services thatare not owned or controlled by Evolve Bits Inc.
Evolve Bits Inc. hasno control over, and assumes no responsibility for the content, privacypolicies, or practices of any third party web sites or services. We do notwarrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT Evolve Bits Inc. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY ORINDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR INCONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICESAVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIESOF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIRSERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOUEXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANYSERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATEDWITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THECOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THESERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATEDWITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICESOR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THESERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESSFOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED ORLIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS'FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue usingService.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
22. GoverningLaw
These Terms shall be governed and construed in accordance with the lawsof State of California without regard to its conflict of lawprovisions.
Our failure to enforce any right or provision of these Terms will not beconsidered a waiver of those rights. If any provision of these Terms is held tobe invalid or unenforceable by a court, the remaining provisions of these Termswill remain in effect. These Terms constitute the entire agreement between us regardingour Service and supersede and replace any prior agreements we might have hadbetween us regarding Service.
23. ChangesTo Service
We reserve the right to withdraw or amend ourService, and any service or material we provide via Service, in our sole discretionwithout notice. We will not be liable if for any reason all or any part ofService is unavailable at any time or for any period. From time to time, we mayrestrict access to some parts of Service, or the entire Service, to users,including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revisedTerms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition setforth in Terms shall be deemed a further or continuing waiver of such term orcondition or a waiver of any other term or condition, and any failure ofCompany to assert a right or provision under Terms shall not constitute awaiver of such right or provision.
If any provision of Terms is held by a court or othertribunal of competent jurisdiction to be invalid, illegal or unenforceable forany reason, such provision shall be eliminated or limited to the minimum extentsuch that the remaining provisions of Terms will continue in full force andeffect.
BYUSING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVEREAD THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please send your feedback, comments, requests for technical support:
By email: contact@zenskar.com or dpa@zenskar.com