Terms and Conditions
Last updated: August 12, 2024
These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and ZenDiary ("Platform", "us", "we", "our"), developed by Pulkit, governing your access to and use of the ZenDiary services, including but not limited to the website, mobile application, and any related services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue your use of the Services. ZenDiary reserves the right to update, modify, or replace these Terms at any time, and such changes will be effective immediately upon posting on the Platform.
Eligibility and Account Responsibility
To use ZenDiary, you must be at least 13 years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement. By registering for an account, you represent and warrant that all information provided by you is accurate, complete, and up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. ZenDiary cannot and will not be liable for any loss or damage arising from your failure to secure your account.
You agree to notify us immediately of any unauthorized access to your account or any other security breaches. We reserve the right to suspend or terminate your account at our discretion if we suspect any violation of these Terms or fraudulent activities.
Use of Services
ZenDiary grants you a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with these Terms. You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services.
You are prohibited from engaging in any of the following activities:
- **Unauthorized Access:** Attempting to gain unauthorized access to any part of the Services, including user accounts, computer systems, or networks connected to the Services.
- **Data Mining:** Using any manual or automated software, devices, scripts, or other means to scrape or extract data from the Services.
- **Distribution of Malicious Software:** Uploading, posting, or transmitting any viruses, malware, or other harmful code through the Services.
- **Content Manipulation:** Modifying, adapting, translating, or reverse-engineering any part of the Services.
- **Prohibited Content:** Posting or sharing content that is illegal, harmful, abusive, defamatory, obscene, or otherwise objectionable.
ZenDiary reserves the right to monitor your use of the Services to ensure compliance with these Terms and to investigate any suspected breaches.
Intellectual Property
All content, features, and functionality on ZenDiary, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of ZenDiary or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy, reproduce, distribute, transmit, display, perform, or create derivative works of any content from the Services without our prior written consent. Any unauthorized use of the content or intellectual property on ZenDiary may violate intellectual property laws and could result in legal action.
The ZenDiary name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ZenDiary or its affiliates or licensors. You must not use such marks without the prior written permission of ZenDiary.
User-Generated Content
You retain ownership of any content you create or post on ZenDiary, including journal entries, comments, and other user-generated content ("User Content"). By posting User Content on the Platform, you grant ZenDiary a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, distribute, display, and perform such User Content in connection with the Services.
You represent and warrant that you have all necessary rights, licenses, and permissions to grant this license and that your User Content does not violate any laws or the rights of any third parties. ZenDiary reserves the right to remove or disable access to any User Content that violates these Terms or is otherwise objectionable.
Third-Party Services
ZenDiary may include integrations or links to third-party services or websites that are not owned or controlled by us. We do not endorse, assume any responsibility for, or have any control over the content, privacy policies, or practices of any third-party websites or services. Your use of such third-party services is at your own risk, and we encourage you to read the terms and privacy policies of any third-party services you access through ZenDiary.
Disclaimers and Limitation of Liability
The Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. ZenDiary disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
ZenDiary does not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. You understand and agree that your use of the Services is at your sole risk and that ZenDiary will not be liable for any damages of any kind arising from your use of or inability to use the Services, including but not limited to, direct, indirect, incidental, punitive, and consequential damages.
In no event shall ZenDiary's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services.
Indemnification
You agree to indemnify, defend, and hold harmless ZenDiary, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another.
Use of AI Services and Data
When you use AI-driven features like AI Insights or Zeni within ZenDiary, you agree that your data, including journal entries and interactions, may be used to train and improve our machine learning models. This data is anonymized to protect your privacy and is used solely for the purpose of enhancing the quality and effectiveness of our AI services.
Termination
ZenDiary reserves the right to terminate or suspend your access to all or part of the Services, without notice, for any conduct that ZenDiary, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of another user, ZenDiary, or third parties..
Upon termination, your right to use the Services will immediately cease. You understand that any termination of your account may involve the deletion of your User Content associated with your account from our live databases. ZenDiary will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content.
Governing Law
These Terms and your use of the Services are governed by and construed in accordance with the laws of the jurisdiction in which ZenDiary operates, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction to resolve any disputes or claims arising out of or relating to these Terms or the Services.
Miscellaneous
These Terms constitute the entire agreement between you and ZenDiary regarding your use of the Services and supersede any prior agreements between you and ZenDiary. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
ZenDiary's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. The headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Us
If you have any questions about these Terms, please contact us at [hi@zendiary.in] or through our contact form available on the Platform.