Terms of service
Last updated December 14, 2016
1.1 “Kinzica” means the entity Kinzica Ventures, LLC, a limited liability company duly incorporated under the laws of Delaware, US.
1.2 “Services” means the any and all services and hosted software applications provided by Kinzica, including but not limited to, ZERYNTH VIRTUAL MACHINES, ZERYNTH STUDIO, the ZERYNTH APP, the ZERYNTH templates, the ZERYNTH Libraries, The ZERYNTH modules, the ZERYNTH drivers, the ZERYNTH API, the ZERYNTH Cloud, the ZERYNTH ADVANCED DEVICE MANAGER, the ZERYNTH Project management system, the ZERYNTH website and any other software services offered by Kinzica.
1.3 “You” means yourself and any entities you represent. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. if you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
1.4 “Products” means the physical products produced and sold by Kinzica including, for example shields, sensors, accessories and any kits.
1.5 “Third Party Products” – includes but is not limited to applications, websites, APIs, software, or hardware, produced by anyone other than Kinzica, that interact with, use or connect to any Kinzica Products or Services.
1.6 “Website(s)” means any web domains owned, operated, branded or co-branded by Kinzica Ventures, LLC.
1.7 Specific terms may reference “ZERYNTH Project management system” which means website(s) and services owned by Kinzica Ventures, LLC. that allows users to share information and details of their own projects and/or products. Information may include code, design specifications, photographs, and/or personal details. The ZERYNTH Project management system is also included as part of “Services”.
1.8 “APIs” means any API (Application Programming Interface) owned and operated by Kinzica.
1.9 “Services”, “Products” and “APIs” are licensed under the scheme provided at the Zerynth Licenses document [LINK]
2: GENERAL INTRODUCTION
2.1 This legal agreement (“Terms”) between you and Kinzica applies to You and your use of any and all Kinzica Products, Services and Websites.
2.2 By using the www.zerynth.com website (“Service”), or any services of Kinzica or any distributions of ZERYNTH you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
2.2.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2.3 If Kinzica makes material changes to these Terms, we will notify you by posting a notice on our site and/or through ZERYNTH STUDIO. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
2.4 Kinzica reserves the right to make updates, changes or improvements to Services structure from time to time with or without notice. We will endeavour to make You aware of said changes prior to installation if we deem them significant but make no promises.
2.5 You are responsible for using the Service in a private and secure manner. The Company is not liable for any damage or loss due to unauthorized account access resulting from your actions.
2.6 Violation of any of the terms below will result in the termination of your Account. While Kinzica prohibits such conduct and Content on the Service, you understand and agree that Kinzica cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
2.7 Kinzica reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
2.8 Kinzica may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
2.9 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kinzica customer, employee, member, or officer will result in immediate account termination.
2.10 You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2.11 You understand that Kinzica uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
2.12 You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
2.13 You must not transmit any worms or viruses or any code of a destructive nature.
2.14 If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Kinzica) of other Kinzica customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
2.15 Kinzica does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
2.16 You expressly understand and agree that Kinzica shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kinzica has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
2.17. The failure of Kinzica to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kinzica and govern your use of the Service, superseding any prior agreements between you and Kinzica (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under the law of the State of Delaware, USA.
2.18 Questions about the Terms of Service should be sent to email@example.com
3: ACCOUNT CREATION AND USE
3.1 In order to access certain Services, You must create an account in ZERYNTH and/or with Kinzica with a valid email address and password.
3.1.1 By creating an account, You are confirming that any and all information You provide upon registration is accurate and complete. The Service is not intended for children under 13. By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Service. You are also certifying that you are allowed to legally use these services in your county and are not barred from doing so by any legal entities.
3.2 You must provide a valid email address, and any other information requested in order to complete the signup process.
3.2.1 Only one account may be created per unique email address.
3.2.2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3.3 Users may access their ZERYNTH account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Kinzica, is bound by these Terms of Service plus the following specific terms: 1. You expressly understand and agree that Kinzica shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kinzica has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. 2. Abuse or excessively frequent requests to Kinzica via the API may result in the temporary or permanent suspension of your account’s access to the API. Kinzica, in its sole discretion, will determine abuse or excessive usage of the API. Kinzica will make a reasonable attempt via email to warn the account owner prior to suspension. 3. Kinzica reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
3.4 You are responsible for the confidentiality of Your login information and are fully responsible for the activities of Your account. Kinzica cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3.5 You agree to notify Kinzica immediately if You have reason to believe Your account has been compromised or You suspect unauthorized use of Your account. Kinzica cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.6 When you set up an account, you are agreeing to all Terms & Conditions outlined in this agreement, including but not limited to You bearing the sole responsibility for any and all activities, communications or behaviors that occur under your account (even when Content is posted by others who have access to your account) or with any Products and Services connected to Your account.
3.7 By creating an account, You grant Kinzica the ability to interact with any and all Products, hardware and Services connected to Your account. Interactions may include reading physical and technical data from the boards and the scripts (e.g. board ID, memory usage, and similar details, used libraries, modules and drivers, compiled bytecode size, etc.). Once You have set up this account, Kinzica will continue to have access to Products, hardware and Services connected to Your account until you specifically revoke access by altering your settings or closing Your account.
3.8 Kinzica reserves the right to revoke Your access to Your account if it believes You are engaged in (1) activities that violate this agreement, (2) unauthorized or suspected illegal activities in your jurisdiction.
3.9 After You have installed any ZERYNTH distributions (independently of whatever source You use for installing) and/or after account has been initially set-up, this agreement will be binding on any active users of Product or Services. You, the account creator, will continue to be responsible for all Products and devices connected to his or her account. If Account Creator allows others to use Products or Services connected or associated with the Account, it becomes the Account Creator’s responsibility; All terms apply to any user.
3.10 You and any legal entity connected to the account remain responsible for informing any person and/or entity to whom You provide access to Products or Services connected to Your account of their own use responsibilities and these terms which they accept by using any Products or Services. You agree to indemnify Kinzica for any damages that may arise if accounts, Products or Services are shared with others.
3.11 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
4: USE OF Kinzica PRODUCTS AND SERVICES
4.1 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Kinzica, or any other Kinzica service.
4.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Kinzica.
4.3 By using any and all Kinzica Products and Services, You agree to abide by all applicable local, state, national, foreign and international laws and regulations and you agree that You will be solely responsible for all acts or omissions that occur under Your account or password, including the content of Your transmissions through the Service.
4.4 You further agree to not use Products or Services to: (a) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products or Services; (b) engage in, our enable others to engage in, illegal activities; (c) access or attempt to access the accounts, materials, information, computer systems, networks or devices owned or created by Kinzica or otherwise , through password mining or any other means; (d) violate, tamper with, or circumvent the encryption codes or technological protection measures of the Services; (e) solicit personal information from anyone under the age of 18.
4.5 You acknowledge and agree that You are solely responsible for compliance with all legal, regulatory and safety-related requirements concerning Your products and projects, and any use of Kinzica Products or Services in its applications. By creating products and projects using Kinzica Products and Services, You represent and agree that you have all the necessary expertise to: (1) create and implement safeguards which anticipate dangerous consequences of failures; (2) monitor failures and their consequences; (3) lessen the likelihood of failures that might cause harm; and (4) take appropriate remedial actions. Products and Services are not recommended, authorized or warranted for use in military, air craft, space, life saving, or life sustaining applications. You will fully indemnify Kinzica and its representatives against any damages and/or losses arising out of the use of any Kinzica components in safety- or security-critical applications.
4.6 Kinzica may provide an opportunity to interact with, interface with, and use Third Party Products.
4.6.1 These Third-Party Products are not Kinzica Products and Services and You agree that Kinzica is not responsible for damages or loss that may be caused by them.
4.6.2 Once you have granted authorization to a Third Party, it will continue to be able to send and receive messages to designated products (Kinzica Products or otherwise), share data with Kinzica, access parts of Your Account and interact with Kinzica in ways you have granted permission until you specifically revoke access by altering your settings.
4.6.3 You release Kinzica for any future claims, liabilities or damages arising from (1) the behavior or actions of Third Party Products or their owners, or (2) resulting from Your use of the APIs or Third-Party Products that access data via the APIs.
4.7 You may at points use Services, including the API (Application Program Interface) and CoAP API, to control, access or provision access to Your account and products (Kinzica products or otherwise) connected to Your account.
4.7.1 The terms of this agreement also cover the use of the APIs through a Third-Party Product that accesses Kinzica.
4.7.2 Abuse or excessively frequent requests to any Kinzica API may result in the temporary or permanent suspension of Your account’s access to the API and other Services. Kinzica, at its sole discretion, will determine abuse or excessive usage.
4.7.3 Kinzica reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part of Services thereof) with or without notice.
4.8 If You choose to update firmware on Products with code not provided by Kinzica, the code and results are Your responsibility.
4.9 The Company may prohibit any user from using the Service in its sole discretion at any time for any reason, and is not liable for any damage or loss resulting from such prohibition.
5: PROJECT AND CONTENT SHARE
5.1 Subject to the license granted below, any remarks, ideas, graphics, photographs, or other information (collectively, “Content”) communicated to Kinzica and posted on the Service in a Hosted Area (any Kinzica’s websites or Services in which you post your Content) belong to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
5.2 By submitting any content to the ZERYNTH Project management system or other public sites governed by Kinzica, You hereby grant, and You represent and warrant that You have the right to grant, to Kinzica and its affiliates and partners, an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Site and Services and for any Kinzica PR and marketing efforts. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.
5.3 In order to operate and improve the Service, the Company needs the right to make certain uses of your Content as well. Therefore, when you post Content in any Kinzica service or webistes, you also agree to grant the Company an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Content on the Service and on services affiliated with the Service regardless of the form of media used or of whether such services now exist or are developed in the future.
5.4 The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal.vii. You acknowledge that Kinzica, directly or indirectly, may (i) be working on the same Content or a similar Content to the Content, or (ii) already know of such Content from other sources, or (iii) simply wish to develop this Content or as similar to the Content on its own. If Kinzica, or Kinzica’s partners and affiliates, introduces a Product or Service similar to an idea submitted on the ZERYNTH Project management system or any Kinzica Website. You understand and acknowledge that any coincidence is unintentional and release Kinzica against any claims of infringement. In return for Kinzica’s review and consideration of your Content, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted:
5.5 Neither the discussion or negotiations between Kinzica and you relating to the possible purchase or license of the Content, nor the making of any offer for the purchase or license of the Content, shall prejudice Kinzica in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Content. Further, Kinzica’s consideration or its discussions or negotiations with you will not in any way impair Kinzica’s right to contest the validity or infringement of your rights.
5.6 When you submit content to the ZERYNTH Project management system You acknowledge that this site is public and that You understand any and all implications of posting to a public forum, repository or site. In particular
5.6.1 The Content represents your own original work. You have all necessary rights to disclose the Content to Kinzica. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by Kinzica’s review and/or use of the Content.
5.6.2 You understand that disclosure of Content to Kinzica does not establish a confidential relationship or obligate Kinzica to treat your Content (or any related materials) as secret or confidential.
5.6.3 You understand that Kinzica has no obligation, either express or implied, to develop or use your Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of your Content, related ideas or ideas derived from your idea. You understand that Kinzica assumes no obligation with respect to any of your Content unless and until Kinzica enters into a written contract with you, and then only as expressed in that contract. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
5.6.4 If your Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact to Kinzica. To the extent you hold a patent in the Content, Kinzica acknowledges that no license under any patent is herein granted to Kinzica. Any license to use a patented Content shall be in the form of a written contract, in which event Kinzica’s obligations shall be only those expressed in such contract.
5.6.5 Kinzica will give your Content such consideration as is warranted by its sole judgment. Kinzica’s review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Kinzica is not obligated to give reasons for rejecting your Content or to reveal Kinzica’s activities that are related to the subject matter of the submitted Content.
5.7 Kinzica maintains the right to delete content from the ZERYNTH Project management system it deems inappropriate. Kinzica makes no promises that Your content will never be deleted or removed in the future in events of disruption or discontinuation of the site, so be sure to make plans for a back-up.
6.1 Purchases made from Kinzica’s online store (“Store”) are intended for end-users only and are not for commercial resale. If you’re interested in reselling Kinzica Products, please contact Kinzica at firstname.lastname@example.org to receive details and authorized approval.
6.2 If you’re interested in translating Kinzica training materials, books and documentation please contact Kinzica at email@example.com to receive details and authorized approval.
7: DISCLAIMER OF WARRANTIES
7.1 Kinzica does NOT warrant that (i) Services and Products will meet your specific requirements, (ii) Services and Products will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Services and Products will be accurate or reliable, (iv) the quality of any Services, Products, information, or other material purchased or obtained by you through will meet your expectations, and (v) any errors in the Service will be corrected.
7.2 Services are subject to sporadic interruptions and failures for a variety of reasons beyond Kinzica’s control, including, but not limited to, Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Kinzica is not responsible for any damages allegedly caused by the failure or delay of the Services.
7.3 You acknowledge that Kinzica uses third party service providers to enable aspects of the Services and Products – such as, for example, but not limited to, data storage, synchronization, and communication through third-party servers, and mobile device notifications through mobile operating system vendors and mobile carriers.
8: LIMITATION OF LIABILITY
8.1 You expressly understand and agree that Kinzica shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kinzica has been advised of the possibility of such damages) resulting from: (i) the cost of procurement for substitute products or services; (ii) the interruption of use or loss or corruption of data; (iii) actions or choices by any third parties using Services or Products; (iv) the interruption of access to or inability to access Services; (vi) Access, authorized or unauthorized, to Your data, or Your devices (Kinzica Products or otherwise) making use of Services (v) Your use of the Services (including the APIs or Third-Party Products that access data via the APIs) or Products.
8.2 Force Majeure: No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations.
9.1 You agree to indemnify, defend and hold Kinzica, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or relating to Your use of Products or Services; this includes your use of Products or Services in a project, product, device or any other item that you sell, pass or give to another person.
10: CANCELLATION AND TERMINATION
10.1. You are solely responsible for properly cancelling your account. To cancel your account, you can contact Kinzica’s support via email at firstname.lastname@example.org
10.2. All of your account details, projects, etc.. will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
10.3. All your posts and contributions to the forum, to the discussions, to blogs etc.. Are considered as voluntary contributions to the growth of the Community etc.. will not be cancelled.
Please note that, if you cancel your account, Kinzica may retain some information about you but will discontinue posting such information on the Kinzica Websites.
11: TRADEMARK NOTICE
ZERYNTH ® is a registered trademark of Kinzica Ventures, LLC in USA and certain countries, and applies internationally under Madrid Agreement.
All Kinzica product names and logos are trademarks or registered trademarks of Kinzica. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
12: EVERYTHING ELSE
12.1 This agreement shall be governed by the laws of the State of Delaware, USA.
12.2 All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Delaware or another location mutually agreeable by the parties.
12.3 If Kinzica does not immediately enforce any aspect of these provisions it does not mean that Kinzica approves of, allows, or will not enforce said provisions in the future.
12.4 Kinzica reserves the right to modify this Agreement, including policy or rule changes at any time. Kinzica reserves the right to make changes and/or update these terms of service from time to time by posting them on the Kinzica website. Continued use of our services will imply acceptance of these updated terms.
12.5 Questions about these Terms and Conditions can be directed toward email@example.com
The section headers in this agreement are for structure only.