Term and Conditions

Definition of the terms of use of the Zenergos app.

These terms of use, together with our privacy policy which you can find here, will govern your use of the Zenergos App (“Zenergos”) and related social media accounts.

Zenergos is a technology platform accessible by download of the App.The term “our” or “us” or “we” or “Company” refers to Zenergos Ltd (company number 10017140).

This is an English language service intended for use by users of the English language. We have no obligation to provide the service in other languages. Further any comments shared by you on our social media platforms should be made in the English language.

Any personal data held by us is held securely and confidentially and in accordance with our privacy policy which can be found here.

Installation & Registration

Zenergos will work once you have downloaded and installed the App onto your device and registered with us. Registration requires us to take your name, email address, gender and password. You should register only once. You are responsible for keeping your password secret. You may register with us either through our website at www.zenergos.com or using the App. One installation of the App is permitted per device. Registration with Zenergos is personal to you. You are not permitted to share the use of Zenergos with another.

Any person using Zenergos must be over the age of 18. Whilst each person registering on Zenergos must agree to our terms, we cannot guarantee that each person is at least of the required minimum age and we do not accept responsibility or liability for any content, communication or other use of Zenergos by persons under the age of 18 in violation of these terms.

Access to Zenergos

Zenergos contains material which is owned by or licensed to us and is protected by intellectual property or other laws throughout the world. The copyright and other intellectual property rights in the App are owned by the Company. This material includes, but is not limited to, the sound recordings, text, animations, design, layout, look, appearance and graphics.

You are permitted to use the App in accordance with these terms of use only. Access to Zenergos does not give you any license or right to use any of logos, brands, trademarks or other intellectual property rights of ours or others appearing on Zenergos outside of the App. All other reproduction and use for any other purposes (including commercial use) is prohibited.

Downloading or reproduction of any material from Zenergos is only permitted for your personal use to download or review the content at times convenient to you. You are not permitted to share such material with others or make any commercial use of Zenergos without our prior written permission.

Every effort is made to keep Zenergos up and running smoothly, however access is permitted on a temporary basis. We maintain the right to withdraw Zenergos or restrict access at any time. If do not enable access Zenergos for more than 14 days we will extend your subscription period for the same number of days we not provided access for. You must make your own arrangements for accessing Zenergos at your own cost, including any charges for accessing the internet.

You may remove Zenergos from your device at any time. You are responsible for backing up any content you have created or received through Zenergos.

Zenergos content is designed for reproduction on electronic devices operating Apple, Android operating software and various tablets as advertised. Functionality may be impaired on other devices.

You may create a link to Zenergos from your social media accounts or blogs owned or controlled by you provided it is for a legal, non-commercial purpose and is does not damage our reputation.

Please contact us if you wish to make any use of Zenergos which is not permitted in these terms of use.

Disclaimer

Zenergos is designed to assist you to increase your overall physical and mental wellbeing.

Zenergos is not qualified to advise on any medical issues. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of Zenergos content especially if making changes to your diet or exercise routine.

At no time should you rely on Zenergos to treat or diagnose medical disorders whether physical or mental. If you believe you suffer from an illness or disorder you should consult a suitably qualified medical practitioner and bring your use of Zenergos to your practitioner’s attention.

You must ensure that Zenergos is suitable for your specific needs and lifestyle.

Use of Zenergos

You must not send anything through or to Zenergos or use Zenergos for anything which is illegal, defamatory, offensive or breaches a person’s privacy or other rights.

To the full extent permitted by law we do not provide any warranty, condition or guarantee (express or implied) as to the accuracy, timeliness, performance, completeness or suitability of the content found or offered on Zenergos for any particular purpose.

Behavioural Activities

As part of the function of Zenergos, certain activities may be suggested such as meditations at particular times of day and behavioural habits (such taking a drink of water, going for a walk etc).

We are not aware of your personal circumstances and suggested activities may not be appropriate to you. You should only carry out activities or follow suggestions where it is sensible and lawful to do so, taking your personal circumstances into account, for example, you should not stop work to meditate without your employer’s approval.

Social Media Reviews

Any material you share on our social media forums must be honest and must not be made in bad faith. You must not share information to or used on Zenergos to attack or damage our reputation or that of any others, to harm others or attempt fraudulent activities.

We reserve the right to remove any material from our platforms that we believe is shared in breach of these terms or detrimental to our reputation. We reserve the right to filter and monitor and block messages sent by you.

From time to time our social media forums may contain reviews, posted comments or links to other places on-line which are not ours or under our control. We accept no responsibility for the nature, content or availability of those reviews, comments or links. These links should not be seen as a recommendation or endorsement by us.

We do not take responsibility for the use or misuse by others of any personal information that you disclose on any of our platforms.

Your activities should be fair and legal

You must not attack or attempt to probe, scan or test the vulnerability of our system or network, alter the functionality of Zenergos whether by crawling, scraping, hacking attempts, the uploading of viruses, denial of service attacks or other; nor are you permitted to attempt to access data or parts of Zenergos not intended for you or log into a server or an account that you are not authorized to access.

Without limiting our other rights, we reserve the right to remove your access to Zenergos. Unauthorised use of Zenergos may give rise to a claim for damages and/or be a criminal offence.

Charges

Download and installation of the Zenergos App is available for free. We may charge for access to certain functionality or features of the App. Payments are on either a monthly or annual basis depending on the payment plan you choose. Any charges will be clearly advertised.

Payment is taken in advance of each subscription period and must be made in full.

If you wish to stop using Zenergos before your subscription period expires, you will not be entitled to a refund for the remaining unused period.

We reserve the right to improve, add to or modify the features of the content within the general description of content provided at the outset to you during the term of your payment plan.

Zenergos reserves the right to increase subscription rates at the time of any renewal. Please check prior to a renewal for any changes in pricing. If you do not cancel your subscription you will be accepting any new rates.

Termination

If you are or we suspect you are in breach of any of the terms of this agreement we reserve the right to terminate this agreement and your access to Zenergos immediately. We reserve the right to seek compensation from you for any charges or liabilities we may incur as a result of your being in breach of these terms.

We may terminate this agreement with you and your access to Zenergos for any other reason on giving you 7 days’ notice subject to a pro rata refund of your annual subscription which you should claim by contacting us.

Personal Information

We collect and store certain information about you through your use of Zenergos.

For more information on how we process your information please review our privacy policy, which you can find here.

Liability & Indemnity

To the extent permitted by law, Zenergos, the software, content and services here under are provided to you “as is” without any warranties of any kind, expressed or implied with regard to but not limited to their quality, reliability, compatibility, security, performance, purpose, accuracy or non-infringement. You agree to assume all risks of using Zenergos its function and service and not to hold us responsible for any damages, losses or harm tangible or intangible including but not limited to compensatory, consequential punitive, incidental or lawyer’s fees arising from the use of Zenergos its function and service or the content of the service.

We exclude any liability for the accuracy, relevance or libellous nature of any material posted by third parties to our social media accounts. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of Zenergos or our social media accounts. We do not guarantee the continued availability of the content and service, we take no responsibility for and we will not be liable for Zenergos being temporarily unavailable due to technical issues beyond our control or for the actions of third parties against the correct function of Zenergos.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your devices, data or other proprietary material due to your use of Zenergos or to your downloading of any content on it, or on any platform linked to it. You are responsible for ensuring you have appropriate virus protection software.

Zenergos is supplied for domestic and private use. If you use Zenergos for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

For the avoidance of doubt nothing in this agreement should be taken as an attempt to exclude or limit liability for death or personal injury caused by our negligence or for fraudulent misrepresentation but in all other cases we limit our liability howsoever arising from this Agreement to £100.

You agree to defend, indemnify and hold harmless, us and/or our associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees resulting from any breach by you of any of these Terms.

General

We reserve the right to vary any of the terms of this Agreement. If you do not agree to the change you may then forthwith terminate your registration. We shall be entitled to assign or sub-contract obligations under this Agreement. No delay by us to enforce our rights will affect our right to bring action against you for breach of this Agreement. This Agreement shall be subject to English law. Any dispute relating to it shall be dealt with exclusively in the English courts. If any of the terms are illegal or unenforceable they shall be deemed deleted and shall not affect or invalidate the other terms.

Right to cancel subscription in the European Union

In accordance with the statutory rights of consumers in the European Union you may cancel an order for the service provided by us to you within 14 days from the day on which the subscription first commences. You may cancel by sending to us a notification of cancellation at the above address. We will refund you with the amount you originally paid for the product within 14 days from the date we received notice of cancellation less any period you have used the service on a pro rata basis. In the event you download any content of the App then your right to cancel your subscription will expire.

Notice regarding Apple

You acknowledge that this agreement is between you and us only, not with Apple and Apple is not responsible for Zenergos or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Zenergos. In the event of any breach of warranty then you may notify Apple and Apple will refund any purchase price of services provided through Zenergos to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Zenergos. Apple is not responsible for responding to any claims by you relating to Zenergos or your possession and/or use of Zenergos, including, but not limited to: (i) product liability claims; (ii) any claim that Zenergos fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that Zenergos or your possession and use of Zenergos infringes that third party’s intellectual property rights. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with any terms of use of third party equipment or services required in using this app. You acknowledge and agree that Apple is a third party beneficially to this agreement and Apple will have the right to enforce the terms of this agreement against you as a third party beneficiary.