ZENKOU GENERAL CONDITIONS OF USE
& PRIVACY POLICY
February 18th, 2022
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.
USER STATUS
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.
USER LICENSE
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.
NAVIONICS SAFETY WARNING
“NAVIONICS MAPS ARE DESIGNED TO
PROVIDE ANCILLARY AID TO NAVIGATION BY FACILITATING THE USE OF AUTHORIZED
GOVERNMENT CHARTS, NOT TO REPLACE SUCH CHARTS. ONLY OFFICIAL GOVERNMENT CHARTS
AND NOTICES TO MARINERS CONTAIN ALL INFORMATION NEEDED FOR SAFE NAVIGATION. THE
USER IS RESPONSIBLE FOR THE PRUDENT USE OF SUCH PRODUCTS. ANY TRACK GENERATED
BY ELECTRONIC CHARTS, AUTOROUTING SOFTWARE OR SIMILAR TOOLS ARE BASIC
SUGGESTIONS FOR ROUTE PLANNING ONLY AND MUST NOT BE USED FOR DIRECT NAVIGATION.
HIKERS, BIKERS AND SKIERS ARE ENCOURAGED TO COMPLY WITH ALL APPLICABLE RULES,
INCLUDING SPEED LIMITS, AND TO ADOPT SAFE, PRUDENT AND VIGILANT BEHAVIORS. THE
USER PARTICIPATING IN ROAD TRAFFIC AND/OR IN ANY OTHER ENVIRONMENT (SUCH AS
MOUNTAIN) IS RESPONSIBLE FOR THE PRUDENT USE OF PRODUCTS AND SHALL ACT IN SUCH
A WAY AS NOT TO HARM OR ENDANGER OR HINDER OR CREATE INCONVENIENCE TO ANY OTHER
PERSON”., PRUDENT AND VIGILANT BEHAVIORS. THE USER PARTICIPATING IN ROAD
TRAFFIC AND/OR IN ANY OTHER ENVIRONMENT (SUCH AS MOUNTAIN) IS RESPONSIBLE FOR
THE PRUDENT USE OF PRODUCTS AND SHALL ACT IN SUCH A WAY AS NOT TO HARM OR
ENDANGER OR HINDER OR CREATE INCONVENIENCE TO ANY OTHER PERSON”.
PAID SERVICES
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
NAVIONICS TERMS OF USE
If you use Navionics in Zenkou, in
Navionics, data within the mobile application is subject to the user having a
valid subscription with Navionics. If the user has no active subscription or
the user chooses not to renew a subscription with Navionics, access to the Data
will not be possible and all data will be erased from the mobile application,
only being accessible with an active subscription.
When the subscription with Navionics
is approaching its expiration date, in order to continue having access to the
Data, it should be renewed otherwise all the data will be erased and
inaccessible.
MODIFICATIONS
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.
MINORS
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.
INVALIDITY
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.
PRIVACY POLICY
OUR COMMITMENT TO YOUR PRIVACY
We respect and protect the privacy
of our App users. This Privacy Policy explains how we collect and use your
information and is part of our Terms of Use when you use our App.
By using our App and the service
provided via the App (“Service”), you consent to our Privacy Policy. If you
don’t agree, please don’t use our App.
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.
Third-party storage providers may
not use your information except as provided in this Privacy Policy.
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.
NAVIONICS PRIVACY POLICY
We use Navionics SDK and/or Data, some
personal data, including the location are collected by Navionics. Please read
Navionics privacy policy at https://www.navionics.com/fin/legal/privacy-policy
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.
CHANGES TO OUR PRIVACY POLICY
If we decide to change our Privacy
Policy, we will post those changes on this page. We may also, but are not
required to, send you an email notice. We encourage you to review this privacy
policy frequently to be informed of how we are protecting your information.
CONTACT US
If you have questions about our
Privacy Policy, please contact us at info@Zenkou.com.
LAW AND JURISDICTION
The matters related to these
Conditions of Use & Privacy Policy and any matters that are partially or
fully related to the services provided through the App shall be subject in all
regards to Spanish law, and the parties explicitly waive their right to any
other jurisdiction to which they may be entitled and submit to the courts of
Madrid.
Should you have any questions or concerns, you may contact ZENKOU at info@Zenkou.com.