User terms

Last updated: February 21, 2021

Acceptance of the User Terms of Use

These user terms of use are entered into by and between You and KENZAI INTELLIGENT SYSTEMS INC. DBA ZENDOC, a Delaware corporation (“Zendoc,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “User Terms of Use“), govern your access to and use of https://zendoc.com/ including mobile or localized versions and related domains / sub-domains and any content, functionality, software and services offered on or through https://zendoc.com/ and mobile or localized versions and related domains / sub-domains (the “Platform“).

You are an Authorized User on the Platform controlled by a Company.

An organization or other third party that we refer to in these User Terms as “Company” has invited you to an account (i.e., a domain where a group of users may access the Platform). If you are joining one of your employer’s accounts, for example, Company is your employer.

Company has separately agreed to our Company Terms of Use or entered into a written agreement with us (in either case, the “Contract”) that permitted Company to create and configure an account so that you and others could join (each invitee granted access to the Platform, including you, is an “Authorized User”). The Contract contains our commitment to provide access to the Platform to Company, who may then invite Authorized Users to join its account(s). When an Authorized User (including, you) submits content or information to the Platform, such as files (“Company Data”), you acknowledge and agree that the Company Data is owned by Company and the Contract provides Company with many choices and control over that Company Data. For example, Company may provision or deprovision access to the Platform, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign accounts, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Company Data.

AS BETWEEN US AND COMPANY, YOU AGREE THAT IT IS SOLELY COMPANY’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT COMPANY POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF COMPANY DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF COMPANY DATA AND THE OPERATION OF THE PLATFORM; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF COMPANY DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON COMPANY DATA, THE PLATFORM OR COMPANY’S FAILURE TO FULFILL THESE OBLIGATIONS.

Please read the User Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the User Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these User Terms of Use and our Privacy Policy, found at https://zendoc.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these User Terms of Use or the Privacy Policy, you must not access or use the Platform.

This Platform is offered and available to users who are 16 years of age or older. By using this Platform, you represent and warrant that you are a human of legal age able to form a binding contract with Zendoc. If you do not meet all of these requirements, you must not access or use the Platform.

Additional terms and conditions may also apply to specific portions, services, or features of the Platform, such as the Company Terms of Use. All such additional terms and conditions are hereby incorporated by this reference into these User Terms of Use.

Changes to the User Terms of Use

We may revise and update these User Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform hereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised User Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

Based on circumstances beyond our control or if we determine it is in the best interest of the Platform and its users, we may withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion, upon reasonable notice. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these User Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy https://zendoc.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately at privacy@zendoc.com of any unauthorized access to or use of your user name or password or any other breach of security. To ensure security procedures are maintained, please logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these User Terms of Use.

Proprietary Rights; Company Data

As discussed above, Company owns all right, title and interest in and to the Company Data, which includes all files, content or information you submit to the Platform. Zendoc shall own and retain all right, title and interest in and to (a) the Platform, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with any professional services or support, and (c) all intellectual property rights related to any of the foregoing.

Notwithstanding anything to the contrary, Zendoc shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Platform and related systems and technologies (including, without limitation, information concerning Company Data and data derived therefrom), and Zendoc will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the Platform and for other development, diagnostic and corrective purposes in connection with the Platform and other Zendoc offerings, and (b) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

Trademarks

Zendoc name, the terms, Zendoc trademark, Zendoc logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Zendoc or its affiliates or licensors. You must not use such marks without the prior written permission of Zendoc. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these User Terms of Use. You agree not to use the Platform:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Zendoc, a Zendoc employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Zendoc or users of the Platform, or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  • Except as permitted through our approved API’s, use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these User Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Platform.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any violation of these User Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy https://zendoc.com/privacy-policy/. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZENDOC NOR ANY PERSON ASSOCIATED WITH ZENDOC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ZENDOC NOR ANYONE ASSOCIATED WITH ZENDOC REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ZENDOC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ZENDOC AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO ZENDOC FOR THE APPLICABLE SERVICE IN THE LAST 90 DAYS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Zendoc, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these User Terms of Use or your use of the Platform, including, but not limited to, your contributions to Company Data, any use of the Platform’s content, services, and products other than as expressly authorized in these User Terms of Use, or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these User Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these User Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, although we retain the right to bring any suit, action, or proceeding against you for breach of these User Terms of Use in your country of residence or any other relevant country.

Waiver and Severability

No waiver by Zendoc of any term or condition set out in these User Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Zendoc to assert a right or provision under these User Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these User Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Terms of Use will continue in full force and effect.

Entire Agreement

These User Terms of Use, the Company Terms of Use, our Privacy Policy, and Cookie Policy, constitute the sole and entire agreement between you and Zendoc regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Comments and Concerns

This Platform is operated by KENZAI INTELLIGENT SYSTEMS INC. DBA ZENDOC, a Delaware corporation 600 1st Ave, Seattle, WA 98104, United States.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: privacy@zendoc.com.