Hey there! Welcome to Ubiquia, Inc. and congratulations on choosing Zenventory for an affordable solution, which is built to harness cloud computing technologies. Here is our Terms of Service for use of Zenventory. Even though we’ll try our best to dispense with the legalese, you should read this agreement carefully since it’s still a legal agreement. You will accept these Terms of Service electronically by clicking or checking the Accept button or by accessing or using Zenventory. Of course if you do not understand or agree with these Terms of Service please call or email us prior to accepting them.
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.
“Ubiquia, Inc.” that is us who makes Zenventory. We may refer to ourselves in this agreement as “Ubiquia,” “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.
Automatic Purchase Renewal and Cancellation
Once you decide to choose Zenventory, your subscription will continue automatically each month in advance until you cancel it. You agree to give Ubiquia’s credit card processing vendor, to store Your credit card payment information.
YOUR CARD WILL BE CHARGED ON RECEIPT OF YOUR CREDIT CARD AUTHORIZATION AND THEREAFTER EACH SUBSEQUENT MONTH FOR THE MONTHLY RATE ALONG WITH ANY TAXES THAT MAY APPLY.
We are relying on you to keep your credit card information current, so that your service does not interrupt. If a payment does not go through for whatever reason, service may be interrupted. We will of course try to work with you before any interruption by contacting you to provide alternative card information. However, if we cannot get alternative card information within three (3) business days of our notification, we can interrupt service.
Your contract will automatically be renewed monthly until you cancel it. There is no cost to cancel and we try to make canceling as easy and quick as possible. Ubiquia does need to receive your notice to cancel prior the start of the new contract term. 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.
THERE IS NO COST TO CANCEL. TO CANCEL AT ANY TIME, VISIT WWW.ZENVENTORY.COM/CANCEL, EMAIL US AT SUPPORT@UBIQUIA.COM, OR CALL US TOLL FREE 800-268-6296. CANCELATION NOTICES MUST BE MADE PRIOR TO THE RENEWAL PERIOD BEGINS. THERE ARE NO REFUNDS OR CREDITS ISSUED FOR PARTIAL PERIODS OF SERVICES.
All subscription prices are subject to change upon notice. Such notice may be provided by an email message to the Administrator or an announcement on the Service.
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 without Ubiquia’s express permission, 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. Ubiquia retains 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 the mobile device supports Zenventory requirements. You also agree that you are solely responsible for any applicable charges, updates, fees and the terms of Your agreement with Your mobile device and telecommunications provider.
UBIQUIA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILBILITY 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.
Your Promises to Us.
You represent and warrant that at all times you have all rights, consents, licenses and permits that may be necessary to use materials, graphics, logos, data or other information you input into Zenventory and that all of your content complies with applicable laws and regulations and that it does not violate the rights of any third party.
You agree to indemnify us and hold us harmless from all loss, costs, and damages for any claims brought against Ubiquia arising in whole or in part out of the claims brought against us by third parties relating to your use of Zenventory or your breach of these terms and conditions.
You agree that we may use your company name and company logo as a user of our software in publicity, press releases, advertising, marketing, and our website throughout the world and on any form of media, unless you inform us in writing prior to our use. If you wish to use our name or logo, send us a quick email before to make sure that you have permission, which will not be unreasonably withheld.
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 AVAILBLE” 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 UBIQUIA 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. UBIQUIA 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 WARRANITES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UBIQUIA’S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING WARRANTY OR FOR ANY OTHER LEGAL, EQUITABLE, TORT, NEGLIGENT, 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 UBIQUIA 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, LOSS OF USE, LOSS OF BUSINESS REVENUE, AND THE LIKE) ARISING OUT OF EQUITABLE CLAIMS, CONTRACT CLAIMS, NEGLIGENCE CLAIMS, TORT CLAIMS OR INTERRUPTION OF SERVICES.
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 KNOWLING 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.
Last Updated 9-29-17