ZenGo – User Agreement

In short...

The following key points of this User Agreement are brought for your convenience only. They do not substitute the full Terms.

Who we are. ZenGo is owned and operated by Kzen Networks Ltd.

What is ZenGo. ZenGo is a mobile application that allows users to conveniently and securely access, send and receive any of their crypto and digital assets.

Important disclaimers. ZenGo is not intended as, and does not provide, any investment or financial advice whatsoever. As with any financial or investment decisions, you should conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.

Privacy. We respect your privacy as further explained in our Privacy Policy.

Intellectual property. All legal rights in ZenGo, including all intellectual property rights, are Kzen’s.

Disclaimer of warranty. ZenGo is provided for use ‘as is’. We disclaim all warranties and representations with respect to ZenGo.

Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use ZenGo.

Law & jurisdiction. Use of ZenGo is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.

Termination. You may request to terminate your account at any time by contacting us at help@kzencorp.com. Upon termination of these Terms or your account, your right to use ZenGo is terminated and you must immediately cease using ZenGo.

THE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT.

And in details...

Welcome to ZenGo, a mobile application (“App”) that allows users (“Users” or “you”) to conveniently and securely access, send and receive any of their crypto and digital assets (“Assets”). ZenGo is owned and operated by Kzen Networks Ltd. (“Kzen”, “we”, “us” and “our”). Please read the following User Agreement (the "Terms") carefully. By signing up to, accessing, or using ZenGo, you agree to these Terms. If you do not agree to these Terms, you may not access or use ZenGo.


HOW DOES IT WORK?

Unlike traditional decentralized wallets, ZenGo offers its users a tool to conveniently and securely sign transactions (“Transactions”) with no one single private key for Users to manage (“Private Key”). ZenGo uses distributed security, by which our servers hold one part of User’s Private Key (“Share”) to sign transactions, while the other Share is on the User’s mobile device (“Device”). Only when both Shares are present, a Transaction can take place. This means that ZenGo is technically unable to access Users’ Assets without their volition and consent.

In case Users’ Devices are unavailable, for example, if the Device is broke or stolen, ZenGo provides a way to assist Users to securely recover their Share by using unique facial recognition technology. In rare cases, we also provide a server-side mechanism to assist Users to remove their funds in case ZenGo is unable to operate. Such features’ ability to assist Users may vary, based on the information provided by users, technological capability and the particular circumstances.  


IMPORTANT DISCLAIMERS

ZenGo is not intended as, and does not provide, any investment or financial advice whatsoever. With respect to any financial or investment decisions, it is strongly recommended that you conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. It is also strongly recommended that you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.


REGISTRATION

Information you provide.
In order to use ZenGo, you must be an individual 18 years of age or older and register with a personal user account. When you register to ZenGo, we will ask you to provide us the details we describe in our Privacy Policy. (“Registration Information”). ZenGo’s features are activated and available only to users who have successfully completed the sign-on process.

False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to ZenGo.

Additional Information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of ZenGo or when you submit requests related to your ZenGo account.


YOUR PRIVACY
We respect your privacy. Our Privacy Policy , explains our privacy practices. We encourage you to read it carefully.


PROHIBITED USE OF ZenGo
When using ZenGo, you must refrain from –

Breaching these Terms or any other applicable rules and instructions that we may convey with respect to ZenGo;

Interfering with, burdening or disrupting the functionality of ZenGo;

Breaching the security of ZenGo or publicly identifying any security vulnerabilities in it;

Circumventing or manipulating the operation or functionality of ZenGo, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in ZenGo;

Sending automated or machine generated queries; Using robots, crawlers and similar applications to collect and compile content from ZenGo or send data to ZenGo including for the purposes of competing with ZenGo, or in such ways that may impair or disrupt ZenGo's functionality;

Displaying or embedding content from ZenGo, including by any software, feature, gadget or communication protocol, which alters the content or its design;

Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;

Collecting, harvesting, obtaining or processing personal information regarding ZenGo’s users, without their prior explicit consent;

Abusing, harassing, threatening or intimidating other users of ZenGo;

Linking to ZenGo from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;

Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

Transferring your account on ZenGo to another person;Violating any applicable law;

You are solely responsible for the content you make available through ZenGo and for the consequences associated with doing so.


FEE-BASED SERVICES

use of the ZenGo is free of charge. Without derogating from the above, we may, at any time and in our sole discretion, change a free-of-charge feature to a fee-based feature, by notifying you of such changes and obtaining your consent to them.


INTELLECTUAL PROPERTY

Our intellectual property.
All rights, title and interest in and to the ZenGo, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are the exclusive property of Kzen and its licensors.

Restrictions. You may not copy, reverse engineer, modify or create derivative works of Kzen’s intellectual property, in any way or by any means. You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.

Application Marketplace

Your use of the ZenGo may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as iTunes, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.

The following terms apply if you downloaded an App from Apple's App Store. You agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


THIRD PARTY PLATFORMS

ZenGo may interface with third party services and platforms, such as Facebook, Twitter, Google etc. (“Third Party Platforms”). For example, you may “share” your activity on ZenGo and invite your friends to use ZenGo through Third Party Platforms. Use of these Third Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.


TERMINATION Terminating your account.

You may, at any time, request to terminate your account by contacting us at help@kzencorp.com. Upon termination of these Terms or your account, your right to use ZenGo is terminated and you must immediately cease using ZenGo.

Effects of Termination. Upon termination, your user account will be cancelled.

Terminating the operation of ZenGo. We may at any time discontinue or terminate the operation of ZenGo, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.


CHANGES AND AVAILABILITY

Changes on ZenGo.
We may, at any time and without prior notice change the layout, design, scope, features or availability of ZenGo. We may also remove User Content if we deem it necessary for operational reasons.

Availability. The availability, functioning, quality and functionality of ZenGo depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.

Changing these Terms. We may revise these Terms (beyond the terms, rules and policies explained in our user guide), in whole or in part, at any time by notifying you of the amended Terms ahead of time. Your continued use of ZenGo after the effective date of the amended Terms constitutes your consent to the amended Terms.


DISCLAIMER OF WARRANTY
ZenGo IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ZenGo, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) ZenGo WILL OPERATE UNINTERRUPTEDLY, ERROR­ FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) ZenGo WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF ZenGo AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON ZenGo WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF USING ZenGo WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF ZenGo, OR THE CONTENT PRESENTED ON, OR THROUGH, ZenGo, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.YOU AGREE AND ACKNOWLEDGE THAT THE USE OF ZenGo IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.


LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE ZenGo OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF ZenGo, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON ZenGo, OR FROM ANY COMMUNICATION THROUGH ZenGo, OR WITH OTHER USERS ON ZenGo, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON ZenGo. IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO ZenGo, OR IF THROUGH YOUR USE OF ZenGo, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.


INDEMNIFICATION

To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of ZenGo, your breach of these Terms or infringement of any other person’s rights.


GOVERNING LAW, JURISDICTION

Regardless of your place of residence or where you access or use ZenGo from, these Terms and your use of ZenGo will be governed by and construed solely in accordance with the laws of the State of Israel.

The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to ZenGo or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.


GENERAL

Assignment.
You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.


CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to ZenGo or these Terms at help@kzencorp.com.


Effective Date: January 9, 2019.