1. ACCEPTANCE OF TERMS OF SERVICE

You agree to be bound by the Terms of Service if you:

• click accept in the sign-up flow or otherwise agree to the Terms of Service; or
• access and use the Site; or
• download and use the ZenMinutes application to your mobile device (an 'App'); or
• otherwise use the Services, as further described below or on the Site or in the App.

If you do not agree to the Terms of Service, you may not activate or use the Services. Once accepted, these Terms of Service constitute a binding agreement between you and ZenMinutes. In addition, by downloading the App from App store or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.

ZenMinutes may make changes to Terms of Service from time to time. ZenMinutes will publish the changes at the Site/App and will inform you of these changes. The changes will be effective starting on the date announced in the notification and/or on Site/App. You understand and agree that if you continue to use the Services after the date of notification of the amended Terms of Service’s, the usage of the Services shall constitute your agreement to the updated Terms of Service.

2. THE SERVICES

ZenMinutes works hard to offer you cheap international calling services.

The calling services will allow you to make calls to conventional telephone numbers around the world (subject to your contact being in an area or jurisdiction which we at the time support). The calling services enable you to place voice calls over the public switched telephone network, terminating on both fixed and mobile telephony networks. In more detail, ZenMinutes is using Voice over IP technology as well as virtual local landline numbers and is routing parts of the call over the internet. The calling services are only available from smartphones (i.e iOS and Android) with specific operating systems, as notified at the moment of app download or later on, with the occasion of various app updates. In some cases it is possible to originate a call via Mobile Data Connection (3G/4G) or WiFi. We can offer termination in several countries around the world, but we can’t guarantee that we support termination in all countries or to all phone numbers or that we always will support termination to any particular country or phone number. We make no representation that our Services are available for use in any particular location. Note that certain parts of the call will be routed over the Internet.

These communication services and all other services, products, features, functionalities and/or interactions as set forth in this document or presented on the Site or otherwise provided or made available to you by ZenMinutes from time-to-time, as well as the App and the Site shall collectively be referred to in these Terms of Service as the 'Services'. The term Services shall also include/refer to any and all software and all types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by ZenMinutes or you in relation to the use of the App or the Site or otherwise provided in relation to the provision of the Services (the “Software”).

2.1 Intellectual property rights, licenses etc.

In consideration of you agreeing to abide by these Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the App, the Site and other parts of the Services provided or made available to you by ZenMinutes. You may download a copy of the App onto a Device which you control and to view, use and display the App on the Devices only in accordance with the granted license to you by ZenMinutes, as set out above. We reserve all other rights.

Not limiting the aforesaid, in relation to the App, we license the use of the App to you on the basis of these Terms of Service and subject to any Terms and Conditions, rules or policies applied by Apple Inc. and/or Google LLC., or any other entity within the Apple or Google group (“Apple“ and “Google”). We do not sell the App to you. We remain the owners of the App at all times.

You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Site or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

The Software may contain open-source software. Any use, reproduction and distribution of components of the Software licensed under an open-source software license is governed by the applicable law and terms of such open-source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open-source software license.

You acknowledge that you have no right to access the App or other parts of the Services (where applicable) in source-code form.

All ownership and intellectual property rights in or to the Software, the App, the Site or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary knowhow, shall be owned by and vested in ZenMinutes, or ZenMinutes’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from ZenMinutes to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under these Terms of Service. For the purpose of clarification; nothing in these Terms of Service give you a right to use any of ZenMinutes’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services provided to you.

The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Service, regardless of the reason for termination. Furthermore, ZenMinutes has the right to, in its sole discretion, at any time remove or modify any content, materials, or any other documents published on the Site and/or App.

Without prejudice to Article 361 of Law 8/1996 on copyright and related rights, the systematic retrieval of content or data from this Site and App and extraction of text and data (such as the use of any automated analysis techniques aiming to analyse text and data in digital form in order to generate information such as patterns, trends and correlations, including data mining, indexing, content gathering or database searching) by robots/bots or other technical means, whether automatic or manual, and any reproduction, extraction and/or other use for the aforementioned purposes is expressly prohibited without the prior written consent of ZenMinutes.

It is also prohibited to extract, reproduce, adapt and/or otherwise use the content or data on this Site and App for the creation of computer programs, including but not limited to the training of a machine learning or artificial intelligence (AI) system.

2.2 Use of the Services

You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations).

It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.

You acknowledge and agree that the voice communication service provided by ZenMinutes is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in these Terms of Service) exist between the traditional telephone service and the voice communication service provided by ZenMinutes.

You acknowledge that the products, features or functions or other parts of the Services may change over time. ZenMinutes may change the form and nature of the Services. This may interalia lead to that future versions of the Software or the App may be incompatible with applications developed on or with previous versions.

Furthermore, ZenMinutes may suspend or stop (permanently or temporarily) providing the Services to you or to users, for example, in the following situations, but not limited to: (a) ZenMinutes suspects or becomes aware of any incident or action, that is governed by Section 2.7 of these Terms of Services (Prohibited use and restrictions); (b) for security and fraud prevention reasons; (c) periods of time required to carry out scheduled maintenance/repairs/improvements to Services; (d) ZenMinutes and/or its Service Providers decide to cease their activity or restrict/stop the provisions of the Services or part of Services; (e) App updates, including the Software and operating systems, that may be incompatible with your Device.

ZenMinutes may make updates of the Software, the App or other parts of the Services at any time. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable).

The Services are for your individual use. You shall not resell or commercialize the Services to any third party.

You agree that you are solely responsible (and that ZenMinutes has no responsibility to you or any other third party) for any data, content, or resources that you transmit or receive by using the Services, and for the consequences of such actions (including any loss or damage which ZenMinutes or any third party may suffer). For the avoidance of doubt, ZenMinutes will not be liable for any type of communication spread by means of the Services.

2.3. Jurisdictional restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services, you may not use the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.

2.4 Third party services

You acknowledge that the use of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator ('Provider'). Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the Services, and may also impose additional fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator (or any other Provider that you are using in relation to the use of the Services) that the use of the Services is permitted in accordance with any contractual obligations you may have with that Provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by ZenMinutes, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy).

2.5 Your Account

In order to use the Services, you are required to register as a user with ZenMinutes. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you. Subject to such registration you will receive access to your ZenMinutes account (the 'Account').

Ability to Contract. Legal Capacity. You hereby affirm that you are fully able and competent to enter into these Terms of Service, and to abide by and comply with these Terms of Service. You should use our Service only if you are at least 18 years of age, fully able to understand and enter into and comply with these Terms.

Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you agree to manually or automatically download and install updates to our Services.

You should choose a password/PIN to your Account that is hard to guess and keep it secure. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, password/PIN or other data.

You are fully responsible towards ZenMinutes for all (including any fraudulent) use of the Services which is or can be connected to your Account.

WHO HAS RIGHTS UNDER THIS AGREEMENT.

This agreement does not give rights to any third parties.

You cannot transfer your rights or obligations under this agreement without our consent. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

2.6. Unauthorized use, stolen device

You are responsible for maintaining the confidentiality of all information/data available under your Account and you are not allowed to transmit any confidential information (such as, but without being limited to, PIN/Passwords) to unauthorized parties.

You are required to contact ZenMinutes immediately, at help@ZenMinutes.com, to suspend the Services and block your Account if you suspect that your mobile phone or other device you are using the Services on (“Device”) is lost/stolen or otherwise that an unauthorized third party may be using the Device or the Account or if your password/PIN or any other account information is lost, stolen or accessed without authorization. You are responsible for all charges to your Account until the Services are suspended and the Account is blocked. You may terminate the Account and cancel the Service at any time in accordance with Section 4 “Termination and suspension”. ZenMinutes takes no responsibility for your failure to comply with the obligations in this Section 2.6 “Unauthorized use, stolen device”.

2.7 Prohibited use and restrictions

You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive. You may not and you agree not to:

• use the Services by creating multiple accounts with a clear malicious intent of abusing our new customers acquisition marketing strategy (such as, but not limited to Free Trial services, 1st Order Bonus, etc.). This behavior therefore results in financial losses and negative impact towards the company.
• use the Services for any unlawful purpose, or in any manner inconsistent with the Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;
• infringe ZenMinutes’s intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these Terms of Service);
• transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of Services;
• use the Services for transmitting unsolicited communications (sometimes referred to as 'spam'), or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
• use the Services in a way that could damage, disable, overburden, impair or compromise ZenMinutes’s or any third party’s systems or security or interfere with other users;
• collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
• submit or post to the Site/App, or otherwise expose any third party to or use any material or content which infringe any third party’s intellectual property rights or violate the rights of any third party;
• submit or post to the Site/App, or otherwise expose any third party to any material or content which is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise, in ZenMinutes’s sole discretion, is objectionable;
• intercept or monitor, damage or modify any communication which is not intended for you;
• sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Services (or any part thereof);
• use the Services (or any part thereof) within or to provide commercial products or services to third parties (the foregoing shall not preclude you using the Services for your own business communications); and/or use the Account, Site, App, Software, or parts of the Services in any fraudulent way.

In relation to the ZenMinutes’s unlimited deals the following should be noted in particular. These deals offer unlimited outbound international calling services as set forth herein and on the Site (note that third party fees may apply, see Section 2.4 “Third party services”). You acknowledge and agree that the ZenMinutes’s unlimited deals are intended only for normal, single-person and noncommercial use to regular landline and mobile numbers in certain applicable subscription countries (by way of example special, premium, service and non-geographic numbers are excluded).

Not limiting the generality of the aforesaid, the following practices are always considered unauthorized use: re-selling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; calling numbers (whether singly, sequentially or automatically) to generate income for yourself.

Unusual calling patterns inconsistent with normal, individual subscription use may also be considered unauthorized use. ZenMinutes reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Excessive conferencing or call forwarding, excessive numbers of regular calls of short duration, excessive number of regular calls to multiple numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue and/or consistent excessive usage will be considered indicators of such unauthorized or excessive use.

ZenMinutes may, at its option, immediately suspend the Services in relation to you and/or terminate the Terms of Service with you if ZenMinutes determines you are using your unlimited deal in breach of the Terms of Service.

2.8 Submission of information to ZenMinutes

You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with ZenMinutes (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant ZenMinutes a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.

2.9 Disclosure of information

Within the limits of the law, ZenMinutes reserves the right at all times to disclose any information as ZenMinutes deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

2.10 No warranties

You expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided 'as is' and 'as available', with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that ZenMinutes is not responsible for and cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.

2.11 No emergency calls

The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind.Neither are they intended to support calls to operator or directory inquiry services. ZenMinutes is not liable in any manner for such calls. You must ensure that you have alternative arrangements for making any such calls.

2.12 Access numbers provided by ZenMinutes

ZenMinutes may, as part of the technical setup of the Services, offer you one or more access numbers. These phone numbers are shared by multiple ZenMinutes users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by ZenMinutes to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party or otherwise away from ZenMinutes.

The phone numbers provided by ZenMinutes do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.

3. PAYMENT, RATES AND ACCOUNTS

3.1 Payment

In order to purchase calling credit for the Services and to charge your Account you shall pay ZenMinutes the rates (offers, deals, plans or similar) as stated on the Site or in the App, by use of such payment methods made available to you by ZenMinutes from time to time. Payments are either made manually by you or through the automatic recharge function activated by you. Payments are processed by Stripe (Stripe Payments Europe Limited), whose applicable Terms and Conditions can be consulted here: https://stripe.com/en-ro/legal/consumer.

The automatic recharge function, if you have enabled it, means that when your Account balance is below a certain level, your Account will be automatically recharged with a certain pre-selected amount (the credit card you have connected to your Account will be charged).

Subscriptions to call packages are automatically renewed unless discontinued by you prior to the occurrence of the new subscription period. You can cancel your subscription at any time by accessing your Account.

Payment amounts for automatic recurring transactions may vary depending on the exchange rate between the default currency, United States Dollar (USD) and the currency You selected for your Account’s display. We regularly update the exchange rates (on a daily basis) but we reserve the right to change these exchange rates at any time without notice in case there are important fluctuations on the market. If you do not wish to accept such adjustments of exchange rates, please do not use the Services.

All payments are processed via a third-party payment processor ('Payment Processor'). You agree to provide complete and accurate payment information and further agree that the processing of payment transactions is subject to the terms, conditions and policies, including privacy policies, of the Payment Processor and your credit card issuer.

3.2 Rates and VAT

The rates for the Services are published on the Site. ZenMinutes reserves the right to change the rates (offers, deals, plans or similar) at any time without notice. The new rates will apply to your next phone call after the new rates have been published. If you do not wish to accept such adjustment of rates, do not use the Services. No refunds are available. You agree that by continuing to use the Services, following the adjustments of the rates, you accept such adjustments.

Unless stated otherwise, all rates and charges for the Services shall be stated in US dollars (USD), Pound Sterling (GBP) or Euro (EUR) and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. You shall be responsible for paying any and all VAT or any other taxes or fees applicable to the Services.

3.3 Minute rounding

The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next minute. For example, if you call for 7 minutes and 10 seconds, we will round up the call length to 8 minutes.

3.4 Out-of-country usage

If you connect to/use the Services through a phone number provided by ZenMinutes while you are in a country that is not the country associated with your fixed net or mobile phone operator or other Provider (in other words; out-of-country usage) this usage may lead to significantly higher costs in relation to your Providers than regular usage. You are solely responsible for keeping yourself informed and paying for such possible roaming and other applicable charges levied by your mobile operator or other Provider.

3.5 Refund

If you believe that ZenMinutes has charged you in error, you may request for a refund by submitting a written request in Romanian or English to ZenMinutes’s customer services at help@ZenMinutes.com. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for Services paid or credit acquired through vouchers, gift tokens or similar. ZenMinutes reserves the right to deny unfounded repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.

For the avoidance of any doubt, the payments made manually by you or through the automatic recharge function activated by you, in accordance with Section 3.1 of these Terms of Service, are non-refundable.

3.6 Account and receipt

When you log in to your Account you will find certain information relating to your use of the Services, such as payments made, calling history (during a limited period) and your current balance etc., in addition ZenMinutes may also provide you with a receipt (by e-mail) upon pre-payments for the Services (“Account Records”). The account is personal and only you can use it. Please note that the Account Records is the only statement of the Account, or the activities relating to the Account, that ZenMinutes will provide to you. It is your responsibility to print and/or save copies of your account records, and to retain copies for your records.

ZenMinutes will use commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your inability to view the Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to ZenMinutes.

3.7 Expiration of credits

A credit balance for the Services on the Account expires 6 months after the last activity of the Services. Credit balances that are not used within the said 6 months period will be lost.

4. TERMINATION AND SUSPENSION

The Terms of Service is effective until terminated by you or ZenMinutes. A termination of the Terms of Service could take place, for example, in the following situations:

• You may terminate the Terms of Service (cancel the Account, the Services etc.) at any time, through your settings in the Account, for example, by going to the "Delete my account" section available on the Site or by sending ZenMinutes a termination notice to help@ZenMinutes.com (the Account will be cancelled within five (5) days of receipt of such notice).
• Without limiting any other remedies, ZenMinutes may modify, limit, suspend, discontinue or terminate your use of all or any part of the Services and/or the Terms of Service, with immediate effect, automatically and without recourse to the courts or other tribunals, if ZenMinutes reasonably suspects that you are:
• in breach of any of the terms and conditions of the Terms of Service;
• you are using the Services to break the law or infringe third party rights;
• you are trying to unfairly exploit or misuse any of our policies;
• you are using the Services fraudulently or that your Account is being used by a third party fraudulently;
• creating problems or legal liabilities (actual or potential);
• delinquent with respect to any charges due for the Services;
• engaging in fraudulent, immoral or illegal activities; and/or
• subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws.
• In addition, the same rights shall apply to ZenMinutes in relation to fraudulent calling patterns, excessive usage, billing irregularities, or misuse of service promotions or campaigns; or if required due to a change in laws/regulations by a regulator or authority with a lawful mandate in any particular territory; or if required by any of ZenMinutes's service providers.
• Also, ZenMinutes may terminate the Terms of Services without having to provide a reason, observing the pre-notice requirements (if any) provided by applicable law.
• ZenMinutes reserves the right to cancel the Account if it has been inactive for more than one (1) year.

On termination for any reason: all rights granted to you under the Terms of Services shall cease; you must immediately cease all activities authorized by the Terms of Services, including your use of any Services; you must immediately delete or remove the App, the Software and other parts of the Services (where applicable) from all Devices, and immediately destroy all copies of the same then in your possession, custody or control. ZenMinutes shall effect the termination by preventing your access to the Account or other parts of the Services, where applicable.

5. MISCELLANEOUS

5.1 Assignment

ZenMinutes may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of ZenMinutes.

5.2 Limitation of Liability

In no event shall ZenMinutes and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.

In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that ZenMinutes's total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise arise under the Terms of Service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the Services in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of 50 euros in all cases.

5.3 Indemnity and Liability

You agree to indemnify, defend and hold harmless ZenMinutes and, including but not limited to, its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from, including but not limited to, any losses, costs, attorney’s fees, claims, damages, demand, governmental investigation or enforcement action made by ZenMinutes, or including but not limited to, its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider or any third party due to or arising out of Your use of the Services, your breach of these Terms of Service, or Your violation of any applicable laws, regulation, policies.

For the avoidance of doubt, you will be liable for any and all damages (including direct, indirect, moral, material damages, damages to the reputation of ZenMinutes) caused to ZenMinutes or its subsidiaries, affiliates, officers, directors, employees and agents and any other service providers who provide services to you in connection with the Services.

5.4 Applicable law and competent court

The Terms of Service shall be governed by and construed in accordance with the laws of Romania. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with ZenMinutes, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of the district of Romania. Notwithstanding the foregoing, ZenMinutes shall be entitle to bring actions for injunctive relief in any court of competent jurisdiction.

5.5 Entire Agreement

The Terms of Service represent the entire agreement between you and ZenMinutes relating to the use of the Services, App, Sites, Accounts and any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by ZenMinutes or otherwise with the written agreement of ZenMinutes. For the avoidance of doubt, ZenMinutes may unilaterally amend these Terms and Conditions at any time.

If a court or arbitration panel finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.

5.6 Headings

Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

5.7 Translations of the Terms of Service

For your convenience, ZenMinutes may provide you with a translation of the English language version of the Terms of Service (available at www.ZenMinutes.com). In the event of any inconsistency between a non-English version of Terms of Service and the English version, the English version shall govern your relationship with ZenMinutes.

5.8 Waiver

If we fail to insist that you perform any of your obligations under the Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

5.9 Force Majeure

You acknowledge and agree that if ZenMinutes is unable to provide the Services as a result of a force majeure event, ZenMinutes will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of ZenMinutes.

5.10 Confidentiality

You shall keep confidential all information and documentation including, but not limited to, information concerning the Services, business, trade secrets, know-how, design rights, intellectual property rights, clients and employees of ZenMinutes, documents, („Confidential Information”) in connection with the Services and these Terms of Services both before and after the Effective Date.

For any avoidance of doubt, you shall not use any Confidential Information for any purpose other than in complying with your obligations under these Terms of Services or disclose any Confidential Information to any third party, except as otherwise provided in these Terms of Service or permitted by law.

5.11 Communication between us

If you wish to contact ZenMinutes, or if any condition in the Terms of Service requires you to give us notice in writing, you can send this to us by e-mail to help@ZenMinutes.com.

ZenMinutes may, when sending any notices to you in relation to any relevant aspects regarding the Services or this agreement, use the contact details provided by you in connection with your use of the Account, App, the Sites or other parts of the Services, or otherwise presented to us in your contacts with ZenMinutes.

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