Terms & Conditions
These Terms & Conditions set out the agreement between you and Zengnia for the use of our website, our analytics portal and our mobile application. Please read them carefully — by accessing the website, creating an account or installing the app, you agree to be bound by them.
01. Acceptance of these terms
These terms form a binding agreement between you (“you”, “the user”) and Zengnia (“Zengnia”, “we”, “us”), a technology company based in Wilmington, DE 19808, United States. They apply to the Zengnia website, the authenticated analytics portal and the Zengnia mobile application on Google Play and the App Store (together, the “Services”).
If you do not agree with any part of these terms, do not use the Services. If you are accepting on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these terms.
02. Eligibility
The Services are intended for business use by professionals. You must be at least 18 years old and legally capable of entering into a contract in order to use them. The Services are not directed to children and must not be used by anyone whose access has previously been suspended or terminated by us.
03. Accounts and access
Accounts for the analytics portal and the mobile app are provisioned by a Zengnia administrator or by your organisation's administrator. There is no public sign-up, and each account is scoped to a role that determines the data you can view.
- Keep your credentials confidential and do not share them with anyone else.
- You are responsible for all activity that occurs under your account.
- Provide accurate account information and keep it current.
- Notify us at support@zengnia.com immediately if you suspect unauthorised use of your account.
We may suspend an account where we reasonably believe it has been compromised or is being used in breach of these terms.
04. Licence to use the Services
Subject to your compliance with these terms, Zengnia grants you a limited, non-exclusive, non-transferable, revocable licence to access the Services and to install and use the mobile app on a device you own or control, solely for your internal business purposes.
This licence does not transfer any ownership. It ends automatically when your account is closed or these terms are terminated.
05. Acceptable use
When using the Services, you agree not to:
- Copy, modify, decompile, reverse-engineer or create derivative works from the Services, except to the extent that applicable law expressly permits it.
- Resell, sublicense, rent or otherwise make the Services available to a third party without our written consent.
- Access the Services through automated means, scrape data, or attempt to circumvent rate limits, authentication or access controls.
- Probe, scan or test the vulnerability of our systems, or interfere with their normal operation.
- Upload malicious code, or any content that is unlawful, infringing, defamatory or harmful.
- Use the Services in breach of applicable law, export controls or the rights of any third party.
06. Customer data and analytics accuracy
The dashboards present operational statistics drawn from the companion products connected to your account and, where enabled, from Google Analytics. You retain ownership of your business data. You grant Zengnia the rights necessary to host, process and display that data in order to provide the Services.
Analytics figures are provided for information and internal reporting only. They may be delayed, sampled or affected by an upstream provider's availability, and they are not audited financial statements. Do not rely on them as the sole basis for a legal, financial or regulatory decision.
07. Intellectual property
The Services, including all software, source code, designs, text, graphics, logos and the Zengnia name and brand marks, are owned by Zengnia or its licensors and are protected by copyright, trademark and other intellectual property laws. Nothing in these terms grants you any right to use our brand marks without prior written permission.
If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the Services, with no obligation to you.
08. Third-party services and app stores
The Services integrate with third-party platforms, including Google Analytics and the companion applications you connect. Those platforms are governed by their own terms, and we are not responsible for their availability, accuracy or acts.
The mobile app is distributed through Google Play and the Apple App Store. Your use of the app is also subject to the rules of the store you obtained it from. Those stores are not parties to this agreement and have no obligation to provide support for the app.
09. Fees and commercial terms
The public website and the mobile app are provided free of charge to holders of a valid Zengnia account. Where you license a Zengnia platform, subscription fees, billing cycles, service levels and renewal terms are set out in the order form, quotation or master services agreement signed with you. Those documents take precedence over these terms in the event of a conflict on commercial matters.
Unless the signed agreement says otherwise, fees are non-refundable and exclusive of taxes, which are your responsibility.
10. Availability, updates and support
We work to keep the Services available and secure, but we do not guarantee uninterrupted access. Maintenance, upstream provider outages or events beyond our reasonable control may cause downtime. We may add, change or remove features, and we may release app updates that you need to install in order to keep using the Services.
Support is available at support@zengnia.com and through our Help Center.
11. Suspension and termination
You may stop using the Services at any time and request closure of your account as described in our Privacy Policy. We may suspend or terminate access if you breach these terms, if your organisation's agreement with us ends, if required by law, or if continued access poses a security risk.
On termination, your licence ends and you must stop using the Services. Sections that by their nature should survive — including intellectual property, disclaimers, limitation of liability, indemnity and governing law — continue to apply.
12. Disclaimer of warranties
To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Services will be error-free, uninterrupted, or that the data presented will be complete or accurate at all times.
13. Limitation of liability
To the maximum extent permitted by law, Zengnia and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill or data, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the amounts you paid to Zengnia for the Services in the twelve months preceding the event giving rise to the claim, or (b) one hundred US dollars (USD 100). Nothing in these terms excludes liability that cannot lawfully be excluded.
14. Indemnity
You agree to indemnify and hold Zengnia harmless from any claim, demand, loss or expense, including reasonable legal fees, arising from your misuse of the Services, your breach of these terms, or your violation of any law or third-party right.
15. Privacy
Our handling of personal data is described in the Privacy Policy, which forms part of these terms. By using the Services you acknowledge that you have read it and that personal data will be processed as described there.
16. Governing law and disputes
These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising from these terms, and you consent to that jurisdiction.
Before starting formal proceedings, we ask that you contact us at support@zengnia.com so we can try to resolve the matter informally.
17. Changes to these terms
We may revise these terms from time to time. The “last updated” date at the top of the page shows the current version, and material changes will be announced by email or through an in-app notice before they take effect. Continuing to use the Services after a change means you accept the revised terms.
18. General provisions
- Entire agreement — these terms, together with the Privacy Policy and any signed order form, are the entire agreement between us regarding the Services.
- Severability — if a provision is found unenforceable, the remaining provisions stay in force.
- No waiver — a failure to enforce a right is not a waiver of it.
- Assignment — you may not assign these terms without our consent; we may assign them as part of a merger, acquisition or sale of assets.
- Force majeure — neither party is liable for delays caused by events beyond its reasonable control.
19. Contact us
If anything in these terms is unclear, get in touch and we will explain it.
- Email: support@zengnia.com
- Address: Zengnia, Wilmington, DE 19808, USA
- Related: Privacy Policy
