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MagyarTerms & Conditions
Preliminary Information
Thank you for your interest in our company, website, application, and services.
Please read this document carefully. By navigating our website or downloading the application, you agree to the Terms and Conditions described below. This document constitutes a legal agreement. A contract between you and us. Please also read our Privacy Policy before browsing the site or using our application. If you do not agree with these Terms or the Policy mentioned above, please do not use the website or the application.
We reserve the right to modify these Terms at any time and without prior notice. By accessing our website or application, you will find the most recent version of the Terms.
We cannot guarantee that any services that have been included at any time on the site will be available at any time. We reserve the right to cease the provision of any service at any time.
If you have any questions or uncertainties, you can confidently contact us at [email protected] and we will respond to you as soon as possible.
Definitions
| “Provider” | Means Fx Studio Software SRL, a Romanian company with its registered office in Sibiu, Bdl Mihai Viteazu nr. 25, ap. 86, Sibiu County, registered in the Trade Register under no. J32/163/21.01.2019, having the tax registration code 40468052
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| “Application” or
"Zen Agenda" |
Means an application for managing appointments developed by the Provider and which can be downloaded from Google Play, AppStore, or in the Windows version
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| "Account" | Means the section of the Application accessible to the User through the use, for identification purposes, of an email address and a password, which allows the User to use the application and which contains information about the User and the User's history in the Application (e.g., Application usage data, sent SMS, tax invoices, etc.)
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| "Contract" | Means the consensual understanding at a distance between the Provider and the User, without their simultaneous physical presence, regarding the sale or purchase of one or more packages of the Application, through the placement of an Order by the User and its acceptance by the Provider, in compliance with legal provisions and the terms and conditions for the online provision of the Provider's services. As a rule, the Contract is concluded in Romanian.
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| "Plans" or "Packages" | Means versions of subscriptions that allow the User to use the application for a certain number of SMS, users, and/or other technical specifications. These, along with their prices, are usually displayed on the homepage of https://zenagenda.com/ and their prices are those at the date of the conclusion of the contract, except for different contractual provisions.
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| "Confidential Information" | Means any information related to the User or Provider, their associates and affiliates, or this Agreement, provided either before or after the date of signing. |
| "Site" | Means the website owned by the Provider with the domain https://zenagenda.com/ and using the Provider's logos, through which the Provider presents the Services offered for provision, and Clients can choose the Products and/or services they wish to purchase, respectively to pay for them using one of the accepted payment methods. |
| "Services" | Means any services, including online or SMS management services for appointments, that are offered to the User for purchase, for a fee, through the Application.
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| "Specifications" | Means any details regarding the characteristics of the Services as specified in the description available on the site/application.
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| "Transaction" | Means the payment operation carried out by the User, respectively the collection by the Provider, of a sum of money as a result of the provision by the Provider, respectively the purchase by the User, of one or more Services.
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| "User" | Means the individual who creates an account to use the application. |
Eligibility
To use the Application, you must (1) be over 18 and/or have full legal capacity, (2) agree to the Terms, and (3) provide us with accurate, complete, and up-to-date contact information.
The personal data you provide will be processed in accordance with national and European legislation on the protection of personal data. For more information, please consult our Privacy Policy.
Prices
The prices of the Services are displayed in lei and do not include value-added tax. The Provider may update the prices of the Services at any time, and such updates will replace any previously displayed prices for the respective Services.
In the case of online payments, the Provider is not and cannot be held responsible for any additional costs incurred by the User beyond the price of the purchased Service, including but not limited to transfer fees or currency conversion fees applied by the User's card-issuing bank, in the event that the currency of the card issuance differs from the currency in which the sale is made.
Order Placement and Contract Conclusion
The contract can be concluded online (remotely) by following the purchase steps indicated in the application, by phone, or by physically signing the contract.
The accepted payment methods are by advance payment order/bank transfer or online card payment.
In the event that the order is placed online and you have provided us with a valid email address, you will receive a confirmation email. If, for any reason, we are unable to process your order, we will notify you as soon as possible. If we cannot process the order but payment has already been made, we will proceed with the refund of the amount.
Any data available on the site and/or on any other communication channels does not constitute an offer, but an invitation to offer (invitatio ad offerendum). The contract between us will be concluded at the moment when the order is expressly accepted by us. Until the express acceptance of the order, there will be no contract between us and you. If we do not accept the offer but payment has already been made, the amount will be refunded in full.
Force Majeure and Fortuitous Event
We shall not be held liable for any delays or failures in the performance of our services if a case of force majeure or a fortuitous event occurs. Force majeure and fortuitous events include, but are not limited to, changes in laws or regulations, accidents, illnesses, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, weather conditions, acts of hackers or internet service providers, Zombie Apocalypse. Force majeure or fortuitous events will be communicated to the Client as soon as possible.
Intellectual Property
The entire content of the site/application is the intellectual property of the Provider. The site and the application will be used by users only for informational purposes or acceptable use.
Users of the site/application do not have the right to download, modify partially or entirely the site/application, reproduce partially or entirely the site, copy, distribute, sell, or exploit the site in any other manner contrary to the interests of the Provider, regardless of whether there is a commercial purpose or not.
Any content (including, but not limited to databases, graphic elements, trademarks, legal content) is the intellectual property of the Provider. The site and application are protected by Law no. 8/1996 on copyright and related rights, and for any infringement of intellectual property, we reserve the right to notify the competent courts for the full recovery of damages, as well as to file a criminal complaint with the judicial authorities for holding the perpetrator criminally liable.
Application Usage Policy
The user declares and guarantees that:
- They will not send "SPAM". By SPAM, we understand "the sending of unsolicited commercial messages" according to the definition provided by Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector and Law no. 365/2002 on electronic commerce.
- They will not use rented or purchased databases from third parties and will ensure that they have the consent of each client for sending notifications.
The Provider does not allow the promotion or incitement to hatred, harm, discrimination, threats, or blackmail and reserves the right to suspend or close the account for any use of the application that contains threats of physical, psychological, or emotional violence or any inappropriate content including, but not limited to, harassment, intimidation, abuse, discrimination based on race, nationality, ethnicity, language, religion, social category, beliefs, sex, sexual orientation, age, disability, chronic non-communicable disease, HIV infection, membership in a disadvantaged category, as well as any other criterion aimed at or resulting in the restriction, removal of recognition, use, or exercise, on equal terms, of human rights and fundamental freedoms or rights recognized by law, in the political, economic, social, and cultural fields or in any other areas of public life.
Confidentiality
Both the Provider and the User undertake and guarantee to maintain the confidentiality of the Confidential Information, to prevent its disclosure to third parties, and not to use it for purposes other than those intended by this Contract, except for those authorized in advance in writing by the Provider/User and subject to the terms and conditions imposed by it.
The Confidential Information may be made available either in writing, in a visually legible form or electronically, including by fax or other electronic means of transmission, or orally, and may be marked as confidential or not.
The following information is not considered Confidential Information: (i) is or has become public (including, without limitation, any information presented to any government agency and available to the public) other than as a result of a disclosure by the Provider in violation of this section; (ii) is made available to the Provider on a non-confidential basis from a source other than the User that the Provider believes is not prohibited from disclosing such information to the Provider; (iii) is known to the Provider prior to being received from the User without any obligation of confidentiality; or (iv) is developed by the Provider independently of the Confidential Information disclosed by the User.
The User shall not disclose any Confidential Information received from the Provider to any third party, except for the Deliverable and only under the conditions set forth in these terms and conditions and unless required by applicable law. In the event that the User discloses Confidential Information to any other person (public or private) other than those necessary for the fulfillment of the contracted Service (e.g. Trade Register, courts, law enforcement authorities, banking institutions, national tax administration agencies, or business partners), the Provider reserves the right to seek compensation from the User for any damages that may result from such disclosure.
Without prejudice to the confidentiality obligations set forth in this Agreement, the Client acknowledges that the Provider has the right to disclose to third parties (e.g. in the case of promotional materials) that it has acted for the Client.
Notifications
The User agrees that all communications made under this Contract shall take place via electronic mail at the address provided by them in the Application, consenting that such communication is valid upon simple proof from the Provider regarding the sending of the communication. The Provider has the right to use other methods of transmission (by mail, courier, or through judicial executors) for its communications to the User.
The Parties agree that all communications regarding this Contract will be made at the following addresses:
For User – at the postal address mentioned through the Application;
For Provider – at the following electronic address: [email protected].
Applicable Law. Disputes.
This agreement, as well as any use of the site/application, shall be governed by Romanian law. The Parties will attempt to resolve any misunderstanding amicably; otherwise, disputes will be resolved by the competent Romanian courts in accordance with the law.
Congratulations! You have reached the end. Thank you for taking the time to read the Terms and Conditions of “Zen Agenda”!
Last updated: 15.02.2019