ZENKO.AI – TERMS OF USE




Welcome to Zenko.AI. 


The present Terms of use (hereinafter: the “Terms”) aims to establish the legal framework and conditions governing the utilization and provision of the following Website: www.zenko.ai (hereinafter: the “Website”) and the associated services as described in Section IV (the “Services”) by individuals (hereinafter: the “User” or “You”). 


The Website belongs to and is operated by Zenko.AI SA, a Swiss Company established under Swiss laws (hereafter: “Zenko”, “We”, “Our”, or “Us”). The reproduction or any other use of this Website does not alter the property rights of Zenko.


  1. ACCEPTANCE


By accessing or using the Website and the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms, our Privacy Policy www.zenko.ai/privacy and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from accessing or using the Website and its related Services.


In particular, you acknowledge that you have read and understood the clauses in these Terms relating to: Intellectual Property; Disclaimer of Warranties; Limitation of Liability; Privacy; Risk Factors; and the manner in which we may make changes to these Terms.


Your consent is given once you tick the box in the pop-up window which appears upon your first use of the Website or the Services and which says: “I warrant that I read and understood the terms “ZENKO.AI – TERMS OF USE” and agree to be bound by them”.


By giving your consent, you confirm that your level of English is sufficient to understand the meaning of the terms contained in the English version of the Terms as well as all the commitments, warranties, waivers and obligations contained in the English version of the Terms.


If you are using the Website and its related Services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.



  1. DEFINITIONS 


Airdropsignifies the one-time rewards distribution of Tokens to users within the Zenko ecosystem, fostering user engagement and community participation, which will take place on 24.12.2023. Airdrop ensures an assured gain for eligible recipients, functioning as a collective reward to all participating users. Airdrops are instrumental in recognizing and rewarding the most invested members of the community. Moreover, they enable the platform to offer early access, exclusive items, or other special events, fostering a sense of inclusivity and appreciation among users.OCPmeans an account on the Website and a digital identity created by users, providing a unique presence within the ZenkoWorld's ecosystem.Servicesmeans the services ascribed in Section IV. Termsmeans these Terms of use, as amended from time to time.Ticketrepresents a right or participation ticket, only usable in the Zenko ecosystem, which users may acquire for specific events or activities or purchase. These Tickets are non-transferable, non-ceasable, and non-sellable. Tickets serve as exclusive rights or participation tickets within the ZenkoWorld’s ecosystem. ZenkoWorld's Community Christmas Gift Programmeans the rewards program of Zenko, ascribed on the Website www.zenko.ai/mysterybox. Zenko is committed to conducting the Community Rewards Program in a fair and transparent manner. The criteria for earning rewards will be communicated to users in advance, and any changes to the program will be communicated promptly.



  1. THE WEBSITE 


The Website is provided to you on an “as is” basis, without warranties of any kind, either expressed or implied.


Zenko grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen or on other devices (such as smartphones or tablets), subject to your compliance with these Terms and our policies.


If you provide us with any feedback on or comments regarding the Website or the related Services, you grant Zenko the right to use such feedback or comments for any purpose without restriction or payment to you.


  1. DESCRIPTION AND SCOPE OF THE SERVICES



Zenko will offer the following services (hereinafter: the “Services”) on the Website: 


  1. On-Chain Profile (§ III.A)

  2. Early Access Badge Program (§ III.B)

  3. OCSA Sales (currently not available) (§ III.C)


  1. On-Chain Profile (OCP): Participation to the ZenkoWorld Community


Description


The On-Chain Profile (OCP) is an account on the Website and a digital identity created by users, providing a unique presence within the ZenkoWorld's ecosystem. The OCP serves as a user-centric identity, allowing individuals and legal entities to establish and manage their presence on the Website and within the ZenkoWorld’s ecosystem.


Users have the ability to create and customize their OCP, adding personal details, preferences, and other information that enhances their experience and engagement on the Website and within the ZenkoWorld’s ecosystem. OCPs may be visible to other users within the Website, fostering social interactions and collaboration among members.


The OCP provides users with access to various features, services and sale offered on the Website and within the ZenkoWorld’s ecosystem. The level of access and privileges may be influenced by factors such as user engagement and participation. OCP users may have the opportunity to be rewarded during Zenko events, campaigns, reward program or airdrops, as determined by Zenko. 


Each user is entitled to create and maintain only one OCP. Users should not attempt to create multiple OCPs to represent the same person.


Eligibility 


To create an OCP, individuals must be natural persons and legally capable of entering into agreements in accordance with the laws of their jurisdiction. Users must be either 18 years of age or have reached the age of majority according to the law of their respective jurisdictions to be eligible for OCP creation. By creating an OCP, individuals represent that they meet the legal age requirements in their jurisdiction and have the legal capacity to enter into agreements.


Legal entities, including but not limited to corporations, partnerships, and other duly constituted entities, may create an OCP. Legal entities must be validly and legally constituted in accordance with the laws of their jurisdiction and have the legal capacity to enter into agreements. The individual creating the OCP on behalf of a legal entity must have the authority to act on behalf of the entity and bind it to the terms and conditions of the Website.


Zenko reserves the right to verify the eligibility of users to create an OCP by requesting documentation or information to confirm compliance with legal requirements. Users agree to promptly provide any requested documentation or information for the purpose of eligibility verification.


KYC Verification


In order to create and maintain an OCP, users are required to undergo a Know Your Customer (KYC) verification process. The primary purpose of KYC verification is to ensure the legitimacy of user identities and to comply with regulatory requirements.


During the KYC process, Zenko will collect and verify certain personal information provided by the user. This may include, but is not limited to, full name, date of birth, address, government-issued identification, and other relevant details. Zenko reserves the right to request additional information and documentation to ensure ongoing compliance with relevant laws and regulations.


Zenko may, at its discretion, use third-party services to assist in the KYC verification process. By using OCP, users consent to the sharing of their information with such third-party verification services. Zenko or third-party is committed to maintaining the confidentiality and security of the information collected during the KYC process. All data will be handled in accordance with applicable data protection laws and regulations and following Zenko.AI Privacy Policy www.zenko.ai/privacy .


By creating an OCP, the users represent and warrant that all information provided during the KYC verification process is truthful, accurate, and complete. Users are responsible for keeping their KYC information accurate and up-to-date. Any changes to personal information must be promptly communicated to Zenko. 


Users acknowledge and agree that failure to undergo KYC verification or providing false or misleading information may result in the suspension or termination of their OCP and access to certain features and services.


ZenkoWorld’s Community Christmas Gift Program 


Each user with a valid OCP on the Website is automatically entitled to participate in ZenkoWorld's Community Christmas Gift Program www.world.zenko.ai. 



Account Security


Users are responsible for maintaining the security of their accounts and must promptly report any unauthorized access. Zenko is not liable for any losses incurred due to unauthorized access to user accounts.


  1. Early Access Badge Program


Description 


Users that have an OCP may purchase Badges, using accepted payment methods outlined in this Section. Badges may also be granted by Zenko, at its sole discretion, to users based on their contributions or active participation in the ZenkoWorld’s ecosystem. Zenko reserves the right to determine the criteria, frequency, and eligibility for Badge granting.


A Badge represents a recognition and achievement within the ZenkoWorld’s ecosystem showcasing a user's engagement, contributions, or participation in specific activities. Each badge serves as blockchain-based social proof, attesting to a user's accomplishments and standing within the ZenkoWorld’s ecosystem. Ownership of Badges is recorded on the blockchain, and users acknowledge that avatars are digital assets with no physical representation. Certain badges may confer access to exclusive features, privileges, or participation in special events within the platform. 


The level of Badges achieved by users on the Website will be visually represented by corresponding avatars in their OCP. In the event of a change in Badge level, users can expect a corresponding adjustment in their avatar, ensuring an accurate and real-time representation of their accomplishments.


Eligibility 


Users seeking badge granting or purchasing must have a valid OCP and have completed the KYC process.


Payment 


Payments can be made in the currency specified by Zenko. Users acknowledge that currency exchange rates may apply if the transaction involves a currency different from the one supported by the Website.


Zenko employs secure payment processing methods to ensure the protection of users' financial information. Zenko may utilize third-party payment processors to facilitate transactions.


For certain payment methods or transactions, Zenko may require users to undergo additional verification processes to mitigate fraud and enhance security. Users will receive confirmation of successful transactions, which may include order summaries, receipts, or transaction confirmations. It is the user's responsibility to review and retain these documents for their records.


Once a transaction is successfully completed and terminated, it is considered final and irreversible. Users acknowledge and agree that completed transactions are non-refundable.


Airdrop participations 


Each badge acquired entitles the user to a corresponding number of Tickets to be distributed during the Airdrop event. These Tickets are non-transferable, non-ceasable, and non-sellable. Tickets serve as exclusive rights or participation tickets within the ZenkoWorld’s ecosystem.


ZenkoWorld’s Community Christmas Gift Program


Accumulating Tickets increases your chances of being rewarded through the ZenkoWorld’s Community Reward Program www.world.zenko.ai. The more Tickets you possess, the greater your likelihood of earning rewards.


Early Access to ZenkoWorld’s Community Solutions 


In addition, users with Tickets enjoy early access to OCSA sales. The OCSA early access sale should be available between 01/01/2024 and 01/04/2024. 


The users also enjoy early access to other ZenkoWorld’s Community Solutions, which will be presented shortly.


The extent of early access is directly proportional to the number of Tickets held at the time of the OCSA early access sale. 


  1. OCSA Sales


Description 


OCSA are on-chain smart assets, crypto-assets created and issued by Zenko and entitle their owner to participate in the earnings generated by a Solution provides by the Zenko Community.


Condition of Sale


OCSA sales are not currently available. As soon as it is, the present Terms will be adapted and updated to define the conditions of sale.


Participation in OCSA sales will be subject to the terms outlined in these Terms. Users must carefully review and agree to the Terms at the date of each OCSA sale before participating.



  1. PRIVACY POLICY


You agree that Zenko may collect, process and use personal data about you according to the Privacy Policy available here: https://www.zenko.ai/privacy .



  1. USER CONDUCT AND PROHIBITED ACTIONS


You are solely responsible for all your actions performed through the Website or the Services. 


You may solely make a legal use of the Website or the Services and any illegal or inappropriate use of the Website or the Services is banned. In particular, you agree to use the Website or the Services lawfully and without any violation of these Terms or any applicable law and agree not to do any of the following actions in connection with your use of the Website or the Services:


  1. engage in any activity that is illegal, unlawful, or prohibited by laws applicable in your jurisdiction or internationally;


  1. attempt to gain unauthorized access to any accounts, networks, or systems connected to the Website or the Services;


  1. infringe upon intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or other proprietary rights of any party;


  1. introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful;


  1. conduct hacking activities, interfere with, or disrupt the integrity or performance of the Website or the Services, their networks, or servers;


  1. promote illegal activities or provide instructional information to other parties to commit illegal activities;


  1. engage in data mining, data scraping, data harvesting, or any other similar activity in relation to the Website or the Services, its users, or its content without our express written consent;


  1. use the Website or the Services for fraudulent or deceptive purposes, including phishing, scamming, or misrepresenting information or identity;


  1. violate the privacy of others or infringe on their rights, including but not limited to posting or sharing personal information without consent;


  1. engage in abusive, harassing, or offensive behavior towards other users, including hate speech, bullying, or any form of discrimination;


  1. misuse blockchain features of the Website or the Services for any unlawful activities, such as tampering with blockchain records, attempting to reverse transactions, or engaging in blockchain-based attacks;


  1. use the Website or the Services in breach of international sanctions or trade embargoes imposed by the United Nations or specific countries;


  1. post, share, or distribute content that is illegal, obscene, defamatory, libelous, threatening, or otherwise objectionable; and


  1. violate any terms and conditions laid out in these Terms or the Privacy Policy.


Please note that this list is not exhaustive and additional actions may be considered inappropriate or unlawful.


  1. AVAILAIBILITY AND LOCAL RESTRICTIONS


The Services available on the Website are permitted in Switzerland. They are not intended for persons who, due to their nationality, place of business, domicile, or other reasons, are subject to a legal order that prohibits the use of foreign virtual asset service providers or that prohibits or restricts access to the websites of foreign virtual asset service providers.


Zenko does not advertise any financial services in Switzerland and in other countries. The Website may contain information, which could be considered by the authorities of the above-mentioned countries as a public offer of financial securities or as financial solicitation intended for persons domiciled in those countries. If you are domiciled outside of Switzerland, you confirm that you are using the Website on your own initiative, without having been solicited by Zenko. You also confirm that you are entirely and solely responsible for finding out whether the legislation applicable to you, such as the legislation of your place of residence, authorizes you to use the Services.


In case of any conflict between the use of the Website or the Services and local laws, you are prohibited from using this Website and the Services, and by doing so, you acknowledge that you do it at your own risk and against these Terms.


  1. PRIVACY 


We value your privacy and employ blockchain technology to enhance security. Our Privacy Policy are explained in detail to describe how we collect, use, and disclose your information. By using the Website, you consent to our Privacy Policy https://www.zenko.ai/privacy and acknowledge the utilization of blockchain technology.



  1. INTELLECTUAL PROPERTY


The Website and the Services and their original content, features, and functionality are and will remain the exclusive property of Zenko. Website and the Services are protected by copyright, trademark, and other laws.


You will respect our property rights in the Website and software used to provide the Website and the Services (including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights and other intellectual property rights).


All Intellectual property rights in the Website and the Services not expressly granted herein are reserved to Zenko. All copyright and other proprietary notices shall be retained on all reproductions. Any other use, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of Zenko is strictly prohibited.


You may not derive or attempt to derive the source code of all or any portion of the software or mobile software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the software or any part thereof.



  1. RISK FACTORS


Crypto-assets and other assets are subject to technology-specific and other particularities, limitations and developments, and may be affected by various events. Crypto-assets are new, and the underlying technology, the blockchain, remains untested.


You acknowledge that there are high risks associated with using the Services, especially in a nascent environment like the crypto-assets and the blockchain/distributed ledger technologies. In this context, some risks are already identified, but some may not be identified. For this reason, risks related to the Services performed by Zenko are high and may lead to the loss, damage, deletion, removal, destruction, unavailability, inaccessibility and/or confiscation of all or part of your crypto-assets, risks that you fully acknowledge without reservation.


You also acknowledge risks related to the fact that Zenko is making the Services available through the Internet and/or through other means mutually acceptable to you and Zenko, and that access to the Internet and the Services is dependent on numerous factors, technologies and systems, all of which are beyond the authority and control of Zenko. You acknowledge and agree that Zenko shall not be liable or responsible for any of your inability to access the Services due to blockchain and/or computer network issues.


Zenko takes commercially reasonable measures to identify and mitigate the risks associated with crypto-assets. Such risks include without limitation the following:


  • hacking and other attacks and attempts by third parties, in particular with respect to data establishing access to and enabling the disposition over crypto-assets, or individual transactions in crypto-assets; including but not limited to, denial of service attacks, smurfing, malware attacks or consensus-based attacks;

  • data theft, including hardware theft by physical intrusion;

  • the failure of hardware, software, solutions, third-parties services and/or solutions, and internet connection;

  • loss of data;

  • internal or external fraudulent activities;

  • communication failures, disruptions, errors, distortions or delays you may experience when using the Services;

  • rules and conditions of the network protocols, including but not limited to bonding, lock-up, blocking, freezing periods, vesting, slashing ineligibility to receive crypto-assets or benefits for partial periods and minimum balances required.


Finally, holding crypto-assets and other assets may involve particular risks on the markets. Consequently, Zenko shall not be responsible for any damage or loss resulting from the general investment risk in the markets, or due to the holding of crypto-assets in any country, including (but without limitation) any damages, losses or costs resulting from nationalization, civil unrest, any act by an administration or other acts or threats by any authority (de jure or de facto), expropriation or any other governmental act, regulations enacted by regulatory authorities in the banking or finance sector, any change in market regulations, currency devaluation, exchange control, or market conditions affecting the proper performance of transactions on securities or the value of assets of any kind.


In addition to the risk stipulated above, there are other risks that Zenko cannot foresee at the time of the Terms and may depend on internal and external factors. Risks may also occur as unanticipated combinations or as changes, evolution, or adjustments of the risks stipulated above. Zenko provides no guarantee against the consequences of such risks. Zenko does not warrant nor guarantee in any form whatsoever the integrity of the crypto-assets related to the Services.


You acknowledge and accept that Zenko shall not be responsible for any of these above-mentioned risks. 



  1. TAX MATTERS 


Each user acknowledges and agrees that they are solely responsible for managing and complying with any tax obligations arising from their activities on the Website. Users understand that any rewards, benefits, or transactions on the Website, may have tax implications.


Zenko does not provide tax, legal, or financial advice. Users are strongly encouraged to seek independent professional advice from qualified tax consultants, legal advisors, or financial experts to assess their individual tax situation. 

 

Users are responsible for determining whether any rewards, gains, or transactions on the Website constitute reportable income in their respective jurisdictions and for reporting such income to the relevant tax authorities. Users agree to comply with all applicable tax laws, regulations, and reporting requirements in their jurisdiction related to their activities on the Website.


Users acknowledge that the tax treatment may vary based on local regulations and is subject to change. Users should stay informed about the tax implications of holding or transacting with these assets.


  1. DISCLAIMER OF WARRANTIES


THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND “UNDER DEVELOPMENT” BASIS AND ZENKO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL CONTENT AVAILABLE ON THE WEBSITE ARE MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONTRACTUAL OR BINDING IN ANY WAY FOR ZENKO. YOU SHOULD NOT RELY UPON THIS CONTENT IN ANY WAY. ZENKO DOES NOT GIVE ANY WARRANTY IN RELATION TO THE WEBSITE, THE SERVICES, THE SOFTWARE, THE BLOCKCHAIN AND CONTENT NOR WITH ANY INFORMATION PUBLISHED OR AVAILABLE ON THE WEBSITE, SHOULD IT BE ITS AVAILABILITY, ACCURACY OR LAWFULNESS. ZENKO SHALL NOT VERIFY, UPDATE OR CORRECT SUCH INFORMATION. ZENKO DOES NOT WARRANT THAT THE WEBSITE AND THE SERVICES WILL BE AVAILABLE AT ALL TIMES AND EXPRESSLY RESERVES THE POSSIBILITY TO DISCONTINUE THE WEBSITE OR THE SERVICES WITHOUT NOTICE. ZENKO DOES NOT REPRESENT OR WARRANT THAT THE USAGE OF THE WEBSITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR ANY DEFECTS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.


THE WEBSITE OR THE SERVICES MIGHT BE SUBJECT TO TEMPORARY DOWNTIME. FROM TIME TO TIME, WE ALSO UPDATE OR MAINTAIN THE WEBSITE OR THE SERVICES, WHICH WILL RESULT IN THE WEBSITE AND/OR THE SERVICES NOT BEING AVAILABLE FOR A CERTAIN PERIOD OF TIME. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES OPERATE UNINTERRUPTED OR ERROR FREE. 



  1. LIMITATIONS OF LIABILITY


THESE TERMS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES WITH RESPECT TO THE WEBSITE AND THE SERVICES.


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE OR THE SERVICES ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT POSSIBLE BY LAW, ZENKO SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY THEORY OF RESPONSIBILITY OR LIABILITY, FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF DATA, USE, OR PROFITS; BUSINESS INTERRUPTIONS; OR ANY OTHER DAMAGES OR LOSSES), FOR ANY MULTIPLIER ON OR INCREASE TO DAMAGES, OR FOR ANY COSTS OR FEES (INCLUDING ATTORNEYS’ FEES), WHETHER UNDER THESE TERMS OR OTHERWISE, ARISING IN ANY WAY IN CONNECTION WITH YOUR ACCOUNT, THE VPN SERVICES, OR THESE TERMS, WHETHER ARISING AT LAW, IN EQUITY, OR OTHERWISE, AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), COMMON LAW, STATUTE, EQUITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE WEBSITE OR THE SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. 


WITHOUT LIMITATION OF THE FOREGOING, ZENKO CANNOT ACCEPT RESPONSIBILITY FOR ANY DAMAGE, LOSS, DELAY, OR INCONVENIENCE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL. SUCH CIRCUMSTANCES INCLUDE BUT ARE NOT LIMITED TO WAR, THREAT OF WAR, RIOTS, CIVIL STRIFE, OR TERRORIST ACTIVITY, INDUSTRIAL DISPUTES, NATURAL OR NUCLEAR DISASTERS, FIRE, AIRPORT CLOSURES, BAD WEATHER CONDITIONS, INTERRUPTION OR FAILURE OF A UTILITY SERVICE OR THE ACTS OF ANY LOCAL OR NATIONAL GOVERNMENT.


WITHOUT LIMITATION OF THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ZENKO FOR ANY REASON WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES SHALL NOT EXCEED CHF 100 OR THE AMOUNT YOU PAID US, IF ANY, FOR USE OF THE WEBSITE OR THE SERVICES WHICHEVER AMOUNT IS GREATER. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.



  1. INDEMNITY


You agree to defend, indemnify and hold harmless Zenko, and any parents, subsidiaries, or third-party contractors and each of their respective directors, officers, employees and agents from and against all third party claims, damages, costs, liabilities and expenses (including, but not limited to, court and attorneys’ fees) caused by, arising out of or related to (a) your use of, or inability to use, the Website or the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings, warranties, or instructions provided by Zenko or a third-party in relation to the Website or the Services; (c) your violation of any applicable law or any rights of any third-party.



  1. RESERVATION OF RIGHTS


Zenko may block, terminate, or suspend your ability to use the Website or the Services, in whole or in part, without notice and at any time, at the sole discretion of Zenko, as well as close or interrupt the Website or the Services. In particular, Zenko reserves the right to terminate your right to use the Website or the Services if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for Zenko. Zenko reserves the right to initiate legal proceedings against any person for fraudulent use of the Website or the Services and any other unlawful acts or acts or omissions in breach of these Terms.


Zenko may also restrict access to the Website or the Services if the stability and security of the operation, the maintenance of the integrity of the network, in particular the prevention of serious disruptions to the network, the software or the stored data require such action. 


  1. LINKED WEBSITES


Activating certain links on the Website may, under certain circumstances, cause you to leave the Website. Zenko has not checked the websites linked to the Website and does not explicitly or implicitly guarantee the quality, relevance, accuracy, completeness, updating, availability, and legality of their content, and does not assume any responsibility for the products and services, information and other content offered by these linked websites.


In addition, prior written authorization must always be obtained before placing a link from an external website to the Website.


  1. NO WAIVER


Zenko’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.



  1. CONTACTING ZENKO AND COMPLAINTS


Zenko hopes to be able to answer any questions or concerns you have about your personal data. You have the right to make a complaint if you feel your personal data has been mishandled or if Zenko has failed to meet your expectations. You are encouraged to contact Zenko about any complaints or concerns, but you are entitled to complain directly to the relevant supervisory authority.



  1. CHANGES TO THE TERMS


Zenko may modify these Terms from time to time and will post the most current version on the Website. If a modification reduces your rights, it will inform you immediately when you will use our Website or Services and you will have to accept the changes.



  1. ENGLISH VERSION


If there is an inconsistency between any of the provisions of this English language version and a translated version of these Terms, the provisions of this English language version shall prevail. Any translated versions of the Terms or the Privacy Policy are provided only for your convenience.



  1. JURISDICTION AND GOVERNING LAW


This Policy and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.


Any dispute relating to this Policy must exclusively be brought before the courts of Neuchâtel, Switzerland, subject to an appeal to the Swiss Federal Court.



  1. CONTACT


To ask questions or make comments on these Terms or to make a complaint about our compliance with applicable laws, please contact us through:


a. our contact form available on our website: www.zenko.ai 

b. our email address: legal@zenko.ai; or

c. our address: Zenko.AI SA, rue des Prés 33, 2017 Boudry, Switzerland.


We will acknowledge and investigate any complaint pursuant to these Terms.