They are addressed to all the people who download, register and use the "Zenly" Application.
It is therefore imperative that anyone who wishes to use the "Zenly" Application becomes aware of the TOUs, since they define its rules of use.
The TOUs and the "Privacy and Protection of Private Life Policy" attached to it (http://www.zen.ly/privacy) have a contractual value which, as a result, binds ZENLY and the User.
Acceptance of the TOUs of the "Zenly" Application is deemed, between the parties, materialized as soon as it is downloaded.
- Contracting Parties
- Contractual documents
- Access to Services
- Creation of an account by the User
- Choosing an Alias
- Validation of the user's telephone number
- Acceptance of geolocation
- Choosing Friends
- Geolocation Service
- Accessory Services
- Temporary geolocation service
- Convention on evidence
- Characteristics of Contents
- Legality of Contents
- Rendering of Content
- Computer Technology and Freedom
- How the "Zenly" Application works
- Intellectual property
- Termination of TOUs
- Termination with respect to the download platform publisher
- Principle of freedom of termination
- Termination for non-use of Account
- Termination for default
- Terms of notification of termination
- Force majeure
- Transfer of the TOUs
- Language of the TOUs
- Applicable law
- Competent Courts
- In domestic law
- In international law
- Creation and management of an Account, which is individual and can be deleted at any time by the User (by sending an email to firstname.lastname@example.org or using the parameters proposed directly on the "Zenly" Application),
- Access to this Account enabling the User to access the features uploaded by the "Zenly" Application, among which, in particular:
- The creation, modification, deletion and backup of any Content, within the technical limits proposed by ZENLY,
- The possibility of inviting their Friends and/or responding to any invitation from a Friend,
- The ability to be geolocated by their friends, according to their preferences in terms of geolocation accuracy, using the options provided by the "ZENLY" application,
- The possibility of suspending any geolocation, either towards a specific Friend, or all their friends, temporarily (for a period of 48 hours maximum) or permanently (withdrawing the person from their Friends)
- The ability to geolocate their friends, according to their preferences in terms of geolocation accuracy,
- The ability to contact by phone or SMS via the interface proposed by the "Zenly" Application
- The ability to "chat" with their friends,
- The ability to exchange "emoticons" with their friends, according to Users' preferences.
- On the fact that this geolocation will not be known to all the other Users, but only Friends of each User,
- On the fact that the User will be geolocated by their Friends permanently, even if they are not using the "Zenly" Application; being specified that any User may at any time suspend their geolocation, either globally (in the settings of the "Zenly" Application or those of their smartphone) or individually for a particular Friend,
- On the fact that, basically, the geolocation does not deal with the person of the User or their Friends, but the smartphone used when registering the User or their Friends,
- On the fact that the User and/or their Friends can use several Alias corresponding to several smartphones, each with a telephone number,
- On the fact that a smartphone can be lent by any User to third parties and may, therefore not inform on the position of the person of the User but only on that of the smartphone lent,
- On the fact that the principle of a "social network", such as the "Zenly" Application, implies a reciprocity of the members who constitute it. Consequently, when a Friend of the User accepts the invitation of the user, each of them can geolocate the other, except setting of each one.
- Contact each other by phone via the interface of the "Zenly" Application,
- Exchange SMS (depending on the version of the "Zenly" Application used),
- "Chat" with their Friends,
- Send emoticons to each other,
- Be informed that their friends' smartphone battery is empty, to find out why they cannot locate them, or recharge the battery on their phone,
- Decide how to meet, if necessary, using other applications previously downloaded by the User (with, for example, public transport services, taxi services, by car or on foot)
- Use the "Zenly" Application as a compass to head to their Friends.
- Modify the photo associated with their Alias,
- Edit their Alias,
- Take advantage of geolocation on the ski slopes, to find more easily their Friends in a ski resort,
- Contact the ZENLY team, who will make their best efforts to respond to the User; being specified that the languages used are mainly French and English,
- Consult these TOUs,
- See the "Privacy and Private Life Policy" implemented by ZENLY for the "Zenly" Application,
- Be assisted online in the use of the "Zenly" Application through a "FAQ"
- Define their map options (mainly plan, satellite or mixed),
- Choose to display certain points of interest on the map, determined by its editor,
- Determine the unit of length associated with the card,
- Call friends using VoIP, provided that the smartphones of Friends using this Service are connected to Wi-Fi terminals.
- The use of the "Zenly" Application, the dates and times of such use,
- Their geolocation,
- The nature and substance of the Content registered by the Users in their Account,
- The nature, substance, date and time of all correspondence with ZENLY personnel carried out in particular by means of the "Zenly" Application,
- and, more generally, of all the information exchanged by means of the "Zenly" Application between ZENLY and them.
- Has a pornographic or pedophile character;
- incites violence, including violence against women, as well as attacks on human dignity, crime, offense, suicide, terrorism,
- advocacy of war crimes, crimes against humanity, crimes and offenses of collaboration with the enemy or acts of terrorism;
- Causes discrimination, hatred, violence against a person or a group of persons because of their origin or their belonging or non-belonging to an ethnic group, nation, race or religion;
- Causes hatred or violence to any person or group of persons because of their gender, sexual orientation, gender identity or disability;
- Causes discrimination among natural persons by reason of their origin, gender, marital status, pregnancy, physical appearance, surname, health status, disability, genetic characteristics, sexual orientation, gender identity, age, political opinions, trade union activities, true or alleged belonging or non-belonging to an ethnic group, nation or race or a particular religion;
- Affects the honor, consideration or image of a person;
- Interferes with the security, private life, image and privacy of a person;
- Is contrary to public order.
The TOUs constitute an agreement which binds:
On the one hand: anyone who registers on the "Zenly" Application,
Hereinafter referred to as the "User",
On the other hand: ZENLY, with capital of 53,763.22 euros, whose registered office is located at 8, rue du Caire 75002 Paris, registered with the Trade and Companies Register of Paris under number 538 197 799,
Hereinafter referred to as "ZENLY",
In the TOUs, words or phrases beginning with a capital letter have the following meanings:
Alias: Identity under which a User appears on the "Zenly" Application with respect to their Friends and other Users.
Friend(s): Any person with the status of User with whom another User shares his/her geolocation and who shares with them their own geolocation, subject to their respective settings of the "Zenly" Application.
"Zenly" Application: Computer program, published by ZENLY in the form of "App", whose main purpose is to allow any User to be geolocated by his/her Friends, according to his/her preferences, and to geolocate his/her Friends according to their preferences.
Account: The space allocated to each User within the "Zenly" Application and accessible only to the User who owns it, enabling him/her to have access to all the Services.
Content(s): Any information, including geolocation, and any computer file, subject to the applicable technical limitations, that the User generates, records and manages on their account and in particular their photograph and their address book, which are hosted by ZENLY.
User: Any natural person, over the age of majority according to the regulations of their country, which is registered on the "Zenly" Application by means of a valid mobile phone number.
Service(s): Any kind of functionality proposed on the "Zenly" Application by ZENLY to Users and, most importantly, to be able to share geolocation between Friends and exchange correspondence with Friends.
The use of the "Zenly" Application is free of charge without any compensation for ZENLY since, in accordance with the contractual stipulations contained in the "Privacy and Private Life Policy" (http: //www.zen .ly / privacy), the User accepts the processing, described therein, of their personal data by ZENLY.
It is specified that in relations between ZENLY and the User, the TOUs and the "Privacy and Private Life Policy" govern their entire contractual relationship and apply to the exclusion of any other agreement.
ZENLY reserves the right to modify, at any time, certain Services or to add new ones which will automatically be subject to the TOUs.
Access to Services
The Services are mainly:
The Services are intended for non-professional purposes only. If a User wishes to use the "Zenly" Application for business purposes, he must first contact ZENLY: email@example.com.
Creation of an account by the User
The creation of a User Account necessarily requires the completion of the following steps.
Choosing an Alias
To create their Account, the User must choose an Alias they wish to be identified by on the "Zenly" Application and, in particular, to their Friends. It is therefore recommended to use first and last names, although the use of a pseudonym is possible.
If a pseudonym is used, ZENLY can not guarantee an optimal use of the Zenly Application and this use is carried out under the sole responsibility of the User concerned.
In any event, Users expressly acknowledge that ZENLY does not have the physical means to control the exact identity of every User or the veracity of the information provided by them.
The User may modify their Alias at any time by going to the "Settings" section.
ZENLY reserves the right to delete the Account of any User whose Alias would be contrary to morality or illegal, without notice or indemnity in favor of the User, nor prejudice to the rights of ZENLY.
Validation of the user's telephone number
In order to prevent a person from registering another against their will, a verification test is carried out consisting in sending a temporary access code to the smartphone of the User being registered. This password is sent by SMS and/or voice message.
The User must enter this password to complete their registration.
Acceptance of geolocation
The purpose of the "Zenly" Application is to allow Users, who so desire, to be geolocated by their Friends. Accordingly, registration in the "Zenly" Application is only possible if the User who signs up agrees to be geolocated. For this purpose, depending on the settings of the smartphone used by the User, geolocation must be activated for registration on the "Zenly" Application.
However, once the User is registered, they can disable this geolocation for the "Zenly" application, which means that no one of their friends can geolocate them.
ZENLY draws the attention of the User:
The purpose of the "Zenly" Application is to allow Users, who so desire, to be geolocated by their Friends. As a result, registration for the "Zenly" Application is only possible if the Registered User accepts that the address book on their smartphone is downloaded by the "Zenly" Application. For this purpose, depending on the settings of the smartphone used by the User, geolocation must be activated for the "Zenly" application.
If the User wishes to share their geolocation with people who are not present in their address book or who are present without being Friends, they must use the functionality described in the article "Temporary geolocation service".
However, any person in the address book is not necessarily a "Friend" within the meaning of the TOUs, namely a person the User wishes to be geolocated by. ZENLY expressly recommends Users to show good judgment to make their choices of Friends, both by sending invitations and responding to the invitations they receive.
This is the reason why the User must choose their "Friends", within the meaning of the TOUs, one by one.
This choice is made by means of an invitation, which is addressed to the Friend through:
A notification via the "Zenly" Application for the Friends chosen who are already Users of the "Zenly" Application
A notification by SMS for the Friends chosen who are not Users of the Application "Zenly" yet (the User being solely responsible for the possible cost of the SMS).
The User may choose to receive notification of the acceptance of their invitation by their Friend or to see the acceptance of this invitation by logging directly into their Account.
Only the User can access the address book they have downloaded. This address book is never shared with other Users or Friends.
In any case, a Friend receiving an invitation from a User and wishing to join them on the "Zenly" Application, must have, like the User themselves, a smartphone supporting the "Zenly" Application. In this regard, the User is informed that if they change their smartphone and wish to continue to use the "Zenly" Application, they must choose a new smartphone compatible with the "Zenly" Application.
The "Zenly" application allows any User to share, with their Friends, their geolocalisation by using a geographical map whose display is dynamic.
The geolocation corresponds to the geographical position in the world of a User.
This geolocation is provided in real time; being understood that, given the intrinsic hazards of telecommunication networks, in particular as regards the bandwidth of these different networks, latency times may occur and that in any case the commitment to provide to he Friends of any User their geolocation in real time is subscribed by ZENLY as a simple obligation of means.
Every User may, using the logo provided for this purpose, set up the "Zenly" Application so that it is not geolocated by anyone or by some of their Friends only. In addition, the User may opt for a geolocation in the city where they are located only.
Every User may also withdraw the Friend status at any time and to any person and be removed from the Friend status by any other User.
The Geolocation Service operates, in normal conditions of use, throughout the world. However, in order to be geolocated, a user must have a telephone in normal operating condition and sufficient network coverage.
ZENLY also draws users' attention to the fact that the geographical maps it uses to geolocate the Users are produced by third parties and that geographical areas may not yet be processed anywhere in the world and/or that the transformations made are not yet relayed on these maps (for example new streets, renaming a street). Any User may contact ZENLY (firstname.lastname@example.org) to inform them of the geographical features of a place not yet taken into account by the "Zenly" Application and ZENLY will do do their utmost to take them into account as soon as possible.
In addition to the Geolocation Service, Friends can:
By setting the "Zenly" Application, the User can, at any time:
ZENLY does everything on a daily basis to improve the "Zenly" Application and propose new features.
ZENLY draws the attention of the User to the fact that the Accessory Services listed in this article may not be fully or partially functional depending on the download platform used by the User and/or the version of the 'ZENLY' application installed by the User on their smartphone and/or the operating system version of the smartphone; what the latter accepts.
Temporary geolocation service
ZENLY provides the Users with a temporary geolocation service which allows them to be geolocated by persons who do not have the status of "Friend" within the meaning of these TOUs and temporarily.
This may include people who do not have a smartphone or a smartphone that is not compatible with the "Zenly" Application. However, these persons must, of course, have a browser and a connection to the Internet in order to be able to geolocate the User using this functionality. They will be able to geolocate the User, but for a time limited to 45 minutes only, expandable by 10 minutes.
The person in question is informed about the User's wish to be geolocated by means of an SMS, an email sent by the User or by any other form of online communication.
Convention on evidence
In general, ZENLY recommends that all Users protect their smartphone using the password system that it offers.
In any event, the User is solely responsible for their smartphone and, more particularly, for protecting their content by means of a password as well as for the use they make of this smartphone.
Accordingly, the User expressly acknowledges that the use of the "Zenly" Application, by means of the User's smartphone, is valid, in the relations between the parties as well as between the User and their Friends, proof of their identity and expresses their consent to all operations that will be carried out on the "Zenly" Application.
The User must ensure to maintain their valid telephone number during the period of their registration on the "Zenly" Application. Otherwise, it will not be able to access it.
Users expressly agree that ZENLY's automatic registration systems shall be considered proof of:
ZENLY shall not be liable for any damages that Users may suffer as a result of third party use of their Account. In the event of loss, misappropriation or fraudulent use of the smartphone, the User must immediately notify ZENLY: email@example.com. They remain responsible for any use made of their Account before informing ZENLY and before ZENLY can, within a reasonable time, block its use.
Characteristics of Contents
Content is registered on the "Zenly" Application by a User for the sole purpose of being exchanged with their Friends. Except for this exchange, this Content will be accessible only by them from their Account. However, ZENLY personnel authorized by ZENLY for this purpose and, in particular, administrators of the "Zenly" Application will be able to access the User's Content for the purposes of assistance to Users, administration, operation and supervision of the Services.
For technical reasons, only the file types whose format is accepted by the most common smartphones on the market are processed on the "Zenly" application; being specified that ZENLY may at any time take the decision to limit the size granted to the Account allocated to all or some of the Users.
Finally, no Content, likely to pose a threat to the computer security of the Application "Zenly", can be registered by the User on their Account.
In all cases and at any time, the User may delete any Content from their Account by sending a written request to ZENLY: firstname.lastname@example.org.
Content remains in the User Account until the User requests the deletion from ZENLY. It is specified that, technically, ZENLY cannot be aware that a User has uninstalled the "Zenly" Application. Consequently, it is imperative that the User wishing to do so contacts ZENLY for the deletion of their Contents. In this case, ZENLY will delete all Contents as soon as possible (approximately 10 business days).
Legality of Contents
The Content is the sole responsibility of the User, except the Content consisting of elements (e.g. "emoticons") made available by ZENLY on the "Zenly" Application provided they have not been modified.
ZENLY provides only a technical hosting service for the Content. Since the content management on the "Zenly" Application is fully automated, ZENLY does not verify the consistency and therefore the legality of a Content when registered by the Users, which is in principle immediate, subject to processing times related to telecommunication networks.
ZENLY has the quality of editor of the only contents that it publishes of its own initiative on the "Zenly" Application. The Content registered by the Users on the "Zenly" Application is not subject to any control, either a priori or a posteriori, by ZENLY. By application of law No. 2004-575 of June 21, 2004 "for confidence in the digital economy," ZENLY is thus expressly deemed between the parties to have the quality of hosting and not of publisher of the Contents thus registered on the "Zenly" Application.
As such, and in accordance with the aforementioned Law No. 2004-575 of June 21, 2004, which determines in particular the responsibilities of the content hosts for making available to the public through online communication services to the public online, ZENLY is obliged, in its role of host, to act promptly to remove the illicit contents that it would host or make it impossible to access, as soon as it becomes aware of it.
It is recalled that ZENLY does not have a general obligation under this law to monitor the information and content accessible on the "Zenly" Application, nor the general obligation to look for facts or circumstances revealing unlawful activities.
By way of example, without this list being of any exhaustive nature, Users commit not to register any Content or send a message which:
The User expressly accepts that ZENLY may remove from their Account any Content that is contrary to good morals or does not comply with the regulations in force with regard to online content, without notice or indemnity in favor of the User, nor prejudice of the rights of ZENLY.
In any case, the User agrees to respect the laws applicable in the countries in which he uses the "Zenly" Application.
If a User finds Content that does not comply with the stipulations of this article and/or the provisions of a French or foreign law, this User agrees to inform ZENLY immediately at email@example.com.
The User grants to ZENLY the right to reproduce on its servers any Content present on their Account for the purpose of operating the "Zenly" Application. In addition, the User grants to ZENLY the right to represent on the Application "Zenly", from the reproductions thus made, any Content that does not have the characteristics of a private correspondence, in particular for the attention of the Users' Friends. These rights are granted to ZENLY, for the whole world, on a non-exclusive basis, for the maximum period of protection of these rights, subject to a request for the deletion of the Contents as provided for in the article "Characteristics of Contents".
ZENLY draws the User's attention to the fact that, the use of the "Zenly" Application being free, the rights granted to ZENLY by the User under the preceding paragraph are also free.
ZENLY cannot be held responsible for the Contents registered and/or transmitted by a User, on their own initiative and under their exclusive responsibility, liable to contravene the rights of third parties. In particular, the User agrees with ZENLY to hold all the intellectual property rights or to have the authorization of the owners of rights on the Contents that they register on their Account and/or transmit to their Friends and/or to ZENLY and guarantees ZENLY, in the case of fault on its part, the consequences of the registration of these Contents on the "Zenly" Application and their transmission.
In addition, it is strictly prohibited for Users to enter, by any means whatsoever, data likely to modify or affect the content or presentation of the "Zenly" Application, in particular viruses, Trojan horses, spyware, malicious software, etc.
Rendering of Content
During the execution of the TOUs, the User may at any time take copies of the files constituting the Content present on their Account.
Generally speaking, with regard to the free hosting of the User Content, ZENLY does not guarantee the User a complete and perfect backup of their Content on the "Zenly" Application, nor their permanent accessibility to their Account.
In particular, ZENLY does not assume any obligation to supply its Content to the User at the end of the TOUs, whatever the reason.
Therefore, it is up to the User to regularly back up this Content present on their Account on any media belonging to them and preferably not only on their smartphone.
Computer Technology and Freedom
How the "Zenly" Application works
The application "Zenly" is optimized for use with the following smartphones: iPhone(s) under the Apple brand, model 4S or newer, and equipped with the iOS9 or iOS10 operating system, smatphones equipped with the Android operating system, for a version higher than 4.0.4. In the event that the version of the smartphone and/or its operating system is no longer supported by ZENLY during the execution of these Terms, the User may continue to use the "Zenly" Application, but the operation may be disturbed and/or degraded and/or interrupted.
The "Zenly" Application is normally available 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the control of ZENLY. However, ZENLY does not warrant that the "Zenly" Application will operate continuously without interruption or error.
In addition, the operation of the "Zenly" Application may be temporarily degraded or interrupted, in whole or in part, and to all or some of the Users, due in particular to maintenance, updating or technical improvement, without notice.
ZENLY does not commit to any continuity or quality of service, which the User expressly accepts. Consequently, ZENLY cannot be held liable for any such interruptions or malfunctions.
In addition, ZENLY cannot be held responsible for the no operation, the inability to access or malfunction of the "Zenly" Application attributable to unsuitable equipment, malfunctions of the services of the Users' access provider or of telecommunication networks. The same shall apply to any other reasons external to ZENLY.
Furthermore, Users acknowledge that the characteristics and constraints of the telecommunication networks do not guarantee the total security, availability and integrity of the data transmissions, consequently also with regard to the "Zenly" Application.
Finally, since telecommunication networks are accessible to all and in particular to mean-spirited people, Users acknowledge that ZENLY cannot guarantee the absolute secrecy of the correspondence exchanged by the means made available to them on the "Zenly" Application or the diffusion of their geolocation to their friends only.
ZENLY holds all intellectual property rights and/or exploitation rights, in particular in respect of copyright, database law and trademark law, relating to the "Zenly Application", Its content and all the elements that constitute it.
The "Zenly" Application, as well as the software, database structures, texts, information, analyzes, images, photographs, graphics, logos, sounds, marks or any other data contained on the "Zenly" Application remain the property of ZENLY and/or third parties with which it has entered into an operating agreement.
They may not be reproduced, used or represented without the express written permission of ZENLY, under penalty of prosecution.
ZENLY grants Users a non-exclusive, personal and non-transferable right to use the "Zenly" Application and the original intellectual works and data contained therein. The right thus granted consists of (i) a right to consult the original intellectual works and data contained in the "Zenly" Application and (ii) a reproduction right consisting of the printing and/or preservation of such original intellectual works and data consulted. This right of use is strictly for private use only.
Any other use of the "Zenly" Application, in particular commercial use, by the Users is prohibited without the express written authorization of ZENLY.
Users may not reproduce and/or represent for any purpose other than private, download, sell, distribute, transmit, translate, adapt, exploit, distribute and communicate in whole or in part in any form, commercially or otherwise, any original intellectual work or data contained in the "Zenly" Application.
Finally, the name "Zenly" has been registered by ZENLY as a trademark.
Termination of TOUs
Termination in connection with the download platform publisher
Each party has entered into a contract with the publisher of the download platform from which the "Zenly" Application can be downloaded by the User. The maintenance of the execution of these contracts is a necessity for the execution of the TOUs.
It is the User's responsibility to maintain their contract with the publisher of the download platform. Otherwise, they could no longer use the "Zenly" Application, in whole or in part.
ZENLY commits to inform the User as soon as possible and in the best possible form of the possible termination of their own contract with the publisher of the download platform if such end involves any impact on the execution of the TOUs.
If applicable, the TOUs shall terminate on the date on which the contract concluded by either party with the publisher of the download platform has ended.
Principle of freedom of termination
The TOUs constitutes a contract concluded between ZENLY and the User, taking effect on the date of registration of the User.
As this contract is for an indefinite period, either party may terminate it, without cause or indemnity for the other party, by giving thirty (30) days notice when the termination is at the initiative of ZENLY and immediately when the termination is at the initiative of the User. In the latter case, it is simply necessary for the User to uninstall the "Zenly" Application and notify Zenly and notify ZENLY of this termination by sending an email to firstname.lastname@example.org.
Termination for non-utilisation of Account
In particular, ZENLY may terminate the TOUs if the User does not log in to their Account for a period exceeding six (6) months. Termination of the TOUs will however be preceded by sending a reminder by SMS to the telephone number communicated by the User when registering.
The former User may however register again.
Termination for default
ZENLY may, at its convenience, issue a notice for the purpose of recalling its obligations to any User who is at fault.
It is specified that ZENLY reserves the right to terminate the TOUs binding it to a User who does not respect their substantive contractual obligations or the laws and regulations in force. In the event of an emergency and in particular in the event that ZENLY is required to withdraw all or part of the Content registered on the "Zenly" Application by the User pursuant to the law and/or the TOUs or in the event that ZENLY finds that a User distorts or attempts to distort the use of the "Zenly" Application, the termination of the TOUs may be effective immediately, that is to say without any prior notice or indemnity for the latter and without prejudice to their other rights.Terms of notification of termination
In the case of a termination taking place on the User's initiative, the user must simply remove the "Zenly" Application from their smartphone and notify ZENLY of this termination by sending an email to email@example.com.
In this case, the geolocation of the User is unavailable, within a few minutes, for all their Friends who can no longer contact them by means of the "Zenly" Application.
In the event of a termination of the TOUs taking place on the initiative of ZENLY, the notification of the contractual breaches alleged shall be notified to the User by SMS, at the telephone number which the latter will have communicated at the time of their registration.
ZENLY shall not be liable for any facts other than those relating to the edition of the "Zenly" Application and the Services it offers.
ZENLY can under no circumstances be held liable for any damage that may occur on a User's smartphone and/or loss of data resulting from the use of the "Zenly" Application by a User, unless there is a proven fault on their part.
ZENLY does not commit to:
Achieve or maintain any level of service, including availability and performance of the "Zenly" Application,
Save the Contents of the User, which are hosted by ZENLY for the only good operation of the "Zenly" Application.
ZENLY shall not be liable for any loss suffered by a User as a result of lost profits, loss of luck or loss of image. The liability of ZENLY can only be identified for direct and foreseeable damage, exclusively caused by a proven failure of ZENLY to fulfill its contractual obligations.
Except for any legal or regulatory constraint, ZENLY does not subscribe to the User any contractual obligation of result under the TOUs.
In the event that the liability of ZENLY is sought in the event of a failure by a User to fulfill their obligations under the terms of the TOUs binding them to ZENLY or the laws in force, the User agrees to guarantee ZENLY of all condemnations pronounced against ZENLY or amicable compensation. This guarantee covers both the indemnities that would be paid, and the attorneys' fees and legal fees that would be borne by ZENLY.
To the extent legally foreseen, the liability of ZENLY is limited to the repair of the only damages which are certain, real and proven by the User.
ZENLY shall not be liable for any failure, delay or non-fulfillment of its obligations under the TOUs, where such default, delay or non-performance is linked to a case of force majeure.
Expressly, force majeure or unforeseeable events are considered, in addition to those usually adopted by French jurisprudence: total or partial strikes, internal or external to ZENLY, lockouts, bad weather, telecommunication means blocking for any reason, computer or server failures, electrical or technical problems, failure or malfunction of the transmission networks and any other case beyond the control of the parties preventing the normal execution of the TOUs.
In addition, the User declares they are aware of the complexity of the world telecommunication networks, the unequal capacities of the various sub-networks, the influx of Users at certain hours and the various "bottlenecks" in some parts of these networks. The current transmission protocols via these telecommunication networks do not make it possible to ensure the correct reception and integrity of the information, messages and documents transmitted in a certain and continuous manner. ZENLY's responsibility cannot be sought in the event of a bad transmission due to failure or malfunction of these telecommunications networks.
Non-WaiverThe fact that one of the parties to the TOUs does not rely on a breach by the other party of any of its contractual obligations cannot be interpreted in the future as a waiver of the obligation in question.
Transfer of the TOUs
The User agrees in advance that ZENLY may be substituted in the execution of the TOUs by any other person of their choice. TOUs entered into between the User and ZENLY will be deemed terminated between the parties so that each of them will be released from their obligations to the other and new TOUs will be deemed concluded between the User and the entity which will substitute for ZENLY. The TOUs will then be updated accordingly by the successor of ZENLY.
Language of the TOUs
In case of translation of the present TOUs into a language other than French, only the French version of the TOUs will be legally valid and can be produced in court.
Any dispute must be addressed in English or French to ZENLY.
In the event that the article "In international law" does not apply, the User commits to send ZENLY any document, letter, notification, legal writing and attachment in a French version, carried out at the exclusive expense of the User.
The TOUs are subject to French law.
In domestic law
IN VIEW OF THE MOBILITY ASSOCIATED WITH THE BENEFIT OF THE SERVICES, AND IN PARTICULAR THE APPLICATION "ZENLY", THEIR SERVICE SHALL BE DEEMED TO ARISE FROM THE ZENLY SUPERVISION CENTER LOCATED AT ITS REGISTERED OFFICE.
In international law
THE COURTS OF PARIS WILL BE SOLELY COMPETENT TO HEAR ANY DISPUTES RELATING TO THE TOUs, INCLUDING, BUT NOT LIMITED TO, THE LIMITATION OF THEIR VALIDITY, INTERPRETATION, PERFORMANCE AND/OR TERMINATION AND ITS CONSEQUENCES, IN CASE OF A GUARANTEE CALL AND PLURALITY OF DEFENDERS, EVEN FOR THE SUMMARY PROCEDURES OR BY REQUEST.