{"service":{"name":"Zenly","url":"https://zen.ly/terms","lang":"ENG","sector":"Social","hq":"France","hq_category":"EU","is_public":"Indirectly public","is_paid":"Free","date":"06.10.2021"},"document":{"title":"","text":"ZENLY TERMS OF SERVICE\nLast modified: October 6th, 2021\nWelcome :)\nIn case you’re not familiar, Zenly is an app that makes it fun and easy to know what your\nfriends and family are up to and keep memories of\nyour real life interactions. Want to see\nhow much you really know about\nyour hometown? Show off how much of the world you’ve\nexplored? Lost your friends at a festival, on the beach, or on the slopes? We’ve got you\ncovered! With Zenly, you can keep up with the people you care about the most, both near\nand far, create a personal diary of where you’ve been, or publicly showcase the places\nyou’ve visited.\nWe’ve drafted these Terms of Service (which we aptly call the “Terms”)\nso you’ll know the\nrules that apply when you use the Zenly app or any of our other products or services that link\nto these terms (we refer to these simply as the “Services”). Although we’ve tried our best to\nstrip the legalese from the Terms, there are places where these Terms may still read like a\ntraditional contract. There’s a good reason for that: these Terms do indeed form a legally\nbinding contract between you and Zenly S.A.S. (“Zenly”). So please read them carefully. 😙\nIn order to use the Services, you must have accepted these Terms, which are presented to\nyou (i) when you first open the app and (ii) when\nwe make any material changes to the\nTerms. Of course, if you don’t accept them, then don’t use the Services.\n🤔 1. Who Can Use the Services\nNo one under 13 is allowed to create an account or use the Services. Additionally, you must\nbe old enough to consent to the processing of your information in your country.\nBy using the Services, you state that you can form a binding contract\nwith Zenly and will\ncomply with these Terms and all applicable local, state, national, and international laws,\nrules, and regulations.\n\nThe Services should not be used for business or commercial purposes. If you wish to use the\nServices for businesses or commercial purposes please contact love@zen.ly.\n👛 2. Your account\nIn order to use the Services you are required to create an account. Creating an account is\neasy: just follow the steps in the app! Here is some important information about your account:\n💡 Name and Username\nWe ask you to pick a name when you create an account. This is the name that will displayed\nwhen you use the app. If you want your friends to easily recognize you we recommend that\nyou use a nickname if that’s what your friends call you. You will also be able to pick a\nusername after creating your account, so you can show your creativity to your friends later on\nwith aliases such as StarlightUn🦄corn! Remember: most of the information in your profile is\npublic and will be visible to the Zenly community. This means that friends of friends can find\nyou via the public friend lists and if you use social features your\nprofile may be visible to\nlarger Zenly community.\n☎️\n Phone number and verification\nYou will need an active phone number to create an account. To make sure other people don’t\nstart creating accounts with your phone number, we ask you to verify your phone number\nwhen creating an account. We do this by sending a text message with a verification code to\nthe phone number you specify when registering an account. To complete the registration you\nwill need to enter the verification code in the Zenly app. We also ask for your phone number\nif you want to use our web based services, and will send a notice to your device to confirm\nyou’re the one requesting access. Please remember, your Zenly account is tied to your\nphone number, so make sure that your phone number remains valid in order to continue\nusing the Services. If your phone number becomes invalid you will no longer be able to\naccess the Services. If you want to keep your data when changing your phone number,\nplease contact us at love@zen.ly.\n📍 Geolocation\nZenly is a location based app. Therefore, we need to access and store\nyour location data in\norder to provide the Services to you. During registration we will request access to your\ndevice’s location. You can turn your device’s location data on and off at any time through\nyour device settings. Just remember that the Services only work when device location is\nturned on. We understand, of course, that there may be times\nthat you don’t want to share\n\nyour location data with all your friends. With that in mind, we have built some cool features in\nthe app that allow you to select different levels of location sharing on a per friend\nbasis. We\nprovide more details on this in Section 3 of these Terms and in our Privacy Policy. Have a\nlook: we think you’ll like them! 😊\n📓 Address book and friends\nZenly is the most fun when you’re interacting with your friends! Because of this, we ask for\npermission to access your address book. This\nwill give you the ability to add friends that are\nalready on Zenly as well as invite pals in your address book who have not yet joined Zenly. If\nyou’re inviting friends to Zenly keep in mind that you’ll be inviting\nthem via text message, so\nbe aware that your carrier may charge you for\nsending those text messages depending on\nyour phone plan. Also, when inviting friends, please be considerate and don’t spam your\nentire address book. 😘\n📮 Notifications\nYou can turn on notifications to get updates when friends accept your\nrequests, when friends\nreceive messages, when friends add you to a widget, and interesting tidbits on your friends’\nwhereabouts. For example, when they’ve traveled to another country like Monaco or Fiji.\n💂‍ Account Security\nOnce you have created your account, you remain responsible for any activity that takes place\non your Zenly account. Since creating a Zenly account doesn’t require a password, make\nsure you protect your phone with a strong password. Also, don’t give your phone to someone\nelse if you don’t want them interacting with your account. If you suspect fraudulent use or\nhijacking of your account please inform us immediately\nat love@zen.ly. We will do our best to\nhelp you out as soon as possible. 👮🏿\n‍👮🏻\n🌍 3. Location based service\nYou understand that Zenly is a location-based service. In order to provide the Services, Zenly\nrequires access to the location data of your\ndevice and needs to keep a record of your\nlocation history. You will first have to grant permission to Zenly before we can access your\nlocation data. This is done via the Android and iOS permission screens and/or device\nsettings.\nUnless you have selected a different device permission or app setting, your device location\nwill be shared when the app is running in the background and the foreground. This means\nthat, once proper permissions are granted, you don't have to actively open the app to share\n\nyour position. For example, it will allow your friends to find you easily in festivals, even while\ndoing that crazy moonwalk you like to do sometimes!\nIf you want to stop sharing your location data, you can do so at any time in your device\nsettings. When you disable location sharing through your device settings you will be unable\nto use the Services. Keep in mind that we’ve also implemented some cool features in the app\nthat allow you to limit your location sharing on a person by person basis. Visit your profile to\nsee what we mean.\nYou understand the Services work under normal conditions, but that the accuracy of location\ndata depends on a number of factors such as sufficient network coverage, wifi connection,\nand so on. For example, if\nyou’re in a building or area with low network coverage the map\nmight not display correctly and your position in the app may not reflect your accurate location\nin real life.\nThis point may be obvious, but remember that your location on the map\nis the location of\nyour device. For example, if you forget your device somewhere or lent it to a friend, your\nlocation on Zenly will not display your physical location, but instead the location of your\ndevice.\nZenly is a social network. This means that by default we share your actual location with new\nfriends you accept and you will in turn be able\nto see the location of your new friend unless\nyou or your friends changes location sharing preferences through either their device settings\nor the app itself.\nBecause Zenly is a social network, we believe that most features and products work best\nwhen they are on by default. For example, if you check-in at a place or tag a friend at a\nplace, that information will be\ndisplayed on a public leaderboard visible to the Zenly\ncommunity. Don’t\nwant that information on the leaderboard, then there are always options\nto\nremove yourself. Because of these inherently social components of Zenly, you should only\nadd friends to Zenly who you trust. Are friends spamming or stalking you? Then they\nprobably aren’t good friends, and you should consider removing them immediately and report\nthem from their\nprofile.\nYou understand that for our Services to work, we need to store your location data as long as\nyou are actively using the Services. We have provided more details on our deletion and\nretention periods in our privacy policy. Have a look here.\nThe maps we use to show your location in the app are sourced from third parties. There may\nbe geographical areas throughout the world that\nhave not yet been processed and/or\nchanges made in the world that the maps do not yet reflect such as new streets or changed\nstreet names, and\nso on. We love receiving feedback, so if you do spot any issues with the\nmap please let us know: love@zen.ly. We will do our best to fix bugs and other issues you\nmay flag. ☝️\n\n😙 4. Rights we grant you\nZenly grants you a personal, worldwide, royalty-free, non-assignable,\nnon-exclusive,\nrevocable, and non-sublicensable licence to access and use the Services. This licence is for\nthe sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms\nallow.\nAny software that we provide you may automatically download and install upgrades, updates,\nor other new features. You may be able to adjust these automatic downloads through your\ndevice’s settings.\nYou may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you\nreverse engineer or attempt to extract the source code of that software, unless laws prohibit\nthese restrictions or you have our written permission to do so. HOWEVER, we do love to\npartner with great companies, awesome engineers, and really creative designers, so don’t\nhesitate to reach out through love@zen.ly!\n🕵️\n 5. Privacy\nYour privacy matters to us. You can learn how your information is handled when you use our\nServices by reading the Privacy Policy. We encourage you to give the Privacy Policy a\ncareful l👀k.\n👭 6. Respecting other people’s rights\nZenly respects the rights of others, and so should you. You, therefore, may not use the\nServices, or enable anyone else to use the Services in a manner that:\nviolates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or\nother intellectual-property right;\nbullies, harasses, or intimidates;\ndefames;\n\nspams or solicits our users.\nYou must also respect the rights of Zenly. These Terms do not grant you any right to do any\nof the following (or enable anyone else do so):\nuse branding, logos, designs, photographs, videos, or any other materials used in our\nServices;\ncopy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make\navailable, or otherwise use any portion of the Services or the content on the Services\nexcept as authorised in these Terms;\nuse the Services, any tools provided by the Services, or any content\non the Services for\nany commercial purposes without our consent.\n👷🏿 7. Safety\nWe try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s\nwhere you come in. By using the Services, you\nagree that:\nYou will not use the Services for any purpose that is illegal or prohibited in these Terms.\nYou will not use any robot, spider, crawler, scraper, or other automated means or interface\nto access the Services or extract other users’ information.\nYou will not use or develop any third-party applications that interact with the Services or\nother users’ content or information without our written consent.\nYou will not use the Services in a way that could interfere with, disrupt, affect negatively, or\ninhibit other users from fully enjoying the Services, or that could damage, disable,\noverburden, or impair the functioning of the Services.\nYou will not use or attempt to use another user’s account without their permission.\nYou will not post content that contains pornography, graphic violence, threats, hate speech,\nor incitements to violence.\nYou will not upload viruses or other malicious code or otherwise compromise the security\nof the Services.\nYou will not attempt to circumvent any content-filtering techniques we employ, or attempt to\naccess areas or features of the Services that you are not authorised to access.\nYou will not probe, scan, or test the vulnerability of our Services or any system or network.\n\nYou will not encourage or promote any activity that violates these Terms.\nWe also care about your safety while using our Services. So please don’t use our Services in\na way that would distract you from obeying traffic or safety laws. For example, never use the\nServices while driving.\n🐴 8. Third-party services\nIf you use a service, feature or functionality that is operated by a third party and made\navailable through our Services (including Services we offer jointly with the third party), each\nparty’s terms will govern the respective party’s relationship with you. Zenly is not responsible\nor liable for a third party’s terms or actions taken under the third party’s terms.\n✍️\n 9. Modifying the Services and termination\nWe’re relentlessly improving our Services and creating new ones all the time. This means\nthat we may add or remove features, products, or functionalities, and we may also suspend\nor stop the Services altogether. We may take any of these actions at any time, and when we\ndo, we will try to notify you beforehand—but this won’t always be possible.\nThough we hope you remain a lifelong member of the Zenly community, you can terminate\nthese Terms at any time and for any reason by deleting\nyour account. You can delete your\naccount by contacting love@zen.ly. 😢\nZenly may also terminate these Terms with you if you fail to comply with these Terms, the\nlaw, or for any reason outside of our control. And\nwhile we’ll try to give you advance notice,\nwe can’t guarantee it. Our right to terminate these Terms means that we may stop providing\nyou with\nany Services, or impose new or additional limits on your ability to use\nthe Services.\nFor example, we may deactivate your account due to prolonged inactivity (12 months).\nRegardless of who terminates these Terms, both you and Zenly continue to be bound by\nSections 2, 6, 9 – 17 of the Terms.\n\n🌵 10. Indemnity\nYou agree, to the extent permitted by law, to indemnify, defend and hold harmless Zenly and\nour affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents\nfrom and against any complaints, charges, claims, damages, losses, costs, liabilities and\nexpenses (including attorneys’ fees) due to, arising out\nof, or relating in any way to: (a) your\naccess to or use of the Services; (b) your content; and (c) your breach of these Terms.\n🙆🏻‍ 11. Disclaimers\nWe try to keep the Services up and running and free of annoyances,. but we cannot promise\nthat we will always succeed.\nThe Services are provided “as is” and “as available” and to the extent permitted by law\nwithout warranties of any kind, either express or implied, including, in particular implied\nwarranties, conditions, or other terms relating to (i) merchantability, satisfactory quality,\nfitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a\ncourse of dealing. In addition,\nwhile Zenly attempts to provide a good user experience, we do\nnot represent or warrant that: (a) the Services will always be secure, error-free or timely; (b)\nthe Services will always function without delays, disruption or imperfections; or (c) that any\ncontent or information you obtain through the Services will be timely or accurate.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE\nEXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS\nSHALL NOT APPLY.\nZenly and their affiliates take no responsibility and assume no liability for any content that\nyou, another user, or a third party creates, uploads, posts, sends, receives, or stores on or\nthrough our Services. You understand and agree that you may be exposed to content that\nmight be offensive, illegal, misleading, or otherwise inappropriate, none of which Zenly, nor\ntheir affiliates will be responsible for.\nNothing in these Terms will exclude or limit any responsibility we may have to remove content\nif so required by the law of the country where you live.\n\n☂️\n 12. Limitation of liability\nZenly and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and\nagents will not be liable for any indirect, incidental, special, consequential, punitive, or\nmultiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or\nany loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the\nServices or inability to use\nthe Services; (b) your access to or inability to access the Services;\n(c) the conduct or content of other users or third parties on or through\nthe Services; or (d)\nunauthorised access, use or alteration of your content. In no event will Zenly or their affiliates’\naggregate liability\nfor all claims relating to the Services exceed the greater of €100 EUR.\nIF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION\nOF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.\n👩\n‍\n❤\n️\n‍👩 13. Dispute resolution\nIf you have a concern, let’s talk. We totally encourage you contact us first at love@zen.ly and\nwe’ll do our best to resolve the issue.\n🏩 14. Exclusive venue\nTo the extent the parties are permitted under these Terms to initiate\nlitigation in a court, both\nyou and Zenly agree that all claims and disputes (whether contractual or otherwise) arising\nout of or relating to the Terms or the use of the Services will be litigated exclusively in\nthe\ncourts of France, unless this is prohibited by the laws of the country where you reside. You\nand Zenly consent to the exclusive jurisdiction of those courts.\n🗺 15. Choice of law\n\nThe laws of France govern these Terms and any claims and disputes (whether contractual or\notherwise) arising out of or relating to these Terms or their subject matter. The courts in some\ncountries may not apply the laws of France to some disputes related to these Terms. If you\nreside in one of those countries, the laws of your home country may apply to those disputes.\n💇🏻 16. Severability\nIf any provision of these Terms is found unenforceable, then that provision will be severed\nfrom these Terms and not affect the validity and enforceability of any remaining provisions.\n🎩 17. Final terms\nThese Terms make up the entire agreement between you and Zenly and supersede any\nprior agreements.\nThese Terms do not create or confer any third-party beneficiary rights.\nIf we do not enforce a provision in these Terms, it will not be considered a waiver.\nWe reserve all rights not expressly granted to you.\nYou may not transfer any of your rights or obligations under these Terms without our\nconsent.\n💌 Contact Us\nYou can always contact us at love@zen.ly\nif you have questions or want to submit feedback\nabout our Services. We\nalways love to hear from our users. If you do happen to volunteer\nfeedback or suggestions just know that we can use your ideas without compensating you. If\nyou’re full of ideas for Zenly AND would like to be\ncompensated, have a look at our job\npostings.\n\nZenly is located at 4-6 Passage Louis Philippe 75011 Paris – France. There are some great\ncafes nearby.\n😘\nZenly\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}