So that we are clear, here are some of definitions that will be used throughout these Terms of Service.
“You” or “Your” means the corporation, entity, or person agreeing to these Terms of Service in order to use Zenventory.
“Zenventory LLC.” that is us who makes Zenventory. We may refer to ourselves in this agreement as “Zenventory”, “us”, “we”, or “our”.
“Zenventory” means the web-based software service supplied by us. This includes any enhancements, upgrades, bug fixes, new versions, and other modifications and amendments to Zenventory.
How much is this going to set me back?
You can try Zenventory for free for 14 days on a trial account. During that time, you can use Zenventory as much as you want, make as many transactions as you want, and add as many company users as you want. At the end of your trial, we will ask for your credit card. Your contract will automatically be renewed monthly until you cancel it. There is no cost to cancel, but we do need to receive your notice prior to the start of the new contract term period. To cancel, simply visit https://app.zenventory.com/v3/admin/subscription. Once you cancel you will not be charged again, but you are responsible for whatever charges have already been incurred for the current billing period.
You agree to allow us, or our credit card processing vendor, to store Your credit card payment information. Your card will be charged on receipt of your credit card authorization for the purchased monthly rate plus any applicable taxes – which we will ask for thirty days after the start of your free trial – and thereafter on or around the monthly anniversary of your signup date each subsequent month. You need to ensure that we always have the most up to date credit card information. If your card doesn’t work, we will notify you. If you do not supply an alternative card within three (3) business days of our notification, in our discretion will discontinue your use of Zenventory or continue to bill you until alternative payment is made.
What kind of license do I receive?
As soon as we process your payment, you will receive a non-exclusive license to use Zenventory. This non-exclusive license will continue until you cancel or there is a breach of this agreement. Additionally, you promise to use Zenventory only for your company’s own use. While we like sharing, you cannot share the use of Zenventory with anyone else, and you cannot transfer your rights or allow anyone outside of your company to use Zenventory.
Who owns Zenventory?
As you may have guessed, we own Zenventory and we retain all rights, titles, and interests to and in Zenventory. This includes any and all enhancements, modifications, and updates. In fact, we even copyrighted Zenventory. So, you may not rent, lease, distribute, modify, adapt, reverse engineer, decompile, disassemble or create a derivative of Zenventory. In short, don’t mess with Zenventory unless we let you know in writing that it’s okay.
Use with your Mobile Device.
In some situations, Zenventory may be available for use through a compatible mobile device. You agree that you are solely responsible for ensuring its mobile device supports Zenventory requirements. You also agree that you are solely responsible for any applicable charges, updates, and fees and as well as the terms of Your agreement with Your mobile device and telecommunications provider.
ZENVENTORY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATIONS SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTING CONNECTED WITH THE SERVICES.
Here comes the legal stuff.
While we’ve never had or anticipate an outage or loss of data, our lawyer still made us say the following. ZENVENTORY IS PROVIDED “AS-IS” AND “AS AVAILABLE” YOU DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SYSTEM INTEGRATION. VERBAL OR WRITTEN STATEMENTS MADE BY ZENVENTORY OR ANY REPRESENTATIVES DO NOT CONSTITUTE WARRANTIES AND SHALL NOT BE RELIED UPON BY YOU IN DECIDING WHETHER TO LICENSE ZENVENTORY. LICENSEE ACKNOWLEDGES THAT IT ASSUMES FULL RESPONSIBILITY FOR THE SELECTION AND USE OF ZENVENTORY TO ACHIEVE ITS INTENDED PURPOSES. ZENVENTORY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ZENVENTORY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ZENVENTORY IS INTERRUPTION OR ERROR FREE. YOU ADDITIONALLY DISCLAIM ALL OBLIGATIONS AND LIABILITIES FOR DAMAGES, ATTORNEY FEES AND COURT COSTS ARISING FROM OR IN CONNECTION WITH THE USE OF ZENVENTORY UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Zenventory’s entire liability and your sole and exclusive remedy for breach of the foregoing warranty or for any other legal, equitable, or statutory claims, shall be, at our option, to either (i) return to you the license fee for the period in which Zenventory did not perform according to this warranty; or (ii) repair the defects or replace Zenventory. In no event shall Zenventory be liable for consequential, special, exemplary, indirect, moral, or incidental damages (including damages incurred from loss of business profits, business interruption, loss of business information, and the like) arising out of or in connection with the use, or inability to use, Zenventory, for errors caused by improper configuration or installation of Zenventory, or for any interruption of service.
You agree to indemnify us and hold us harmless for any claims brought against us arising in whole or in part out of the claims brought against us involving tracking, mishandling, or misplacing items while using Zenventory.
Are you authorized to sign this agreement?
Is there privacy?
What happens if we disagree on something?
We don’t like confrontation, and we hope to have a long term business relationship. If a problem does arise, we agree to submit any claims to binding arbitration in Maricopa County, Arizona. Specifically, ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN COURT. If our problem or dispute goes to binding arbitration, the Federal Arbitration Act governs the interpretation and enforcement of this provision, and the arbitrator shall apply Arizona law to all other matters. If it becomes necessary to submit a claim to binding arbitration, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and expenses in addition to any other relief to which it may be entitled. Notwithstanding anything to the contrary, either party may at any time seek injunctions or other forms of equitable relief from the court. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. Jurisdiction and venue are proper in Maricopa County, Arizona. Finally, this Agreement is governed by the laws of the State of Arizona, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall be likewise be governed by the laws of the State of Arizona, excluding that State’s choice-of-law principles.
Here are some general provisions that our attorney again made us put in.
We may make changes to these Terms of Service from time to time. Therefore, we reserve the right to do so. The changes will be effective when posted or when we notify you by other means. By checking a box or clicking the Accept button, or by continued use of Zenventory, you are agreeing to the changes.
Nothing in this Agreement will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between us.
The headings, statements, or annotations in the Terms of Service are to make the Terms of Service easier to read and do not have any legal effect on the Terms of Service.
The rights by this License cannot be assigned by you without our prior written consent.
You may not use or otherwise export or reexport Zenventory except as authorized by United States law and the laws of the jurisdiction in which Zenventory was obtained. In particular, but without limitation, Zenventory may not be exported or reexported (i) into (or to a national resident of) any U.S. embargoed country, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using Zenventory, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.