Terms and Conditions
These Customer Terms of Service (the "Customer Terms") describe your rights and responsibilities when using Zenler(New Zenler) course and marketing automation
platform and tools (the "Services"). Please read them carefully. If you are a Customer (defined below), these Customer Terms govern your access and use of our Services. If you
are using a Zenler Site set up by a Customer, refer to the Site’s terms of service that govern your access and use of the Services.
These Customer Terms (or, if applicable, your written agreement with us) and any Order Form(s) (defined below) together form a binding "Contract" between
Customer and us.
If you sign up on behalf of a Customer, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have
the necessary authority to enter into the Contract on behalf of Customer before proceeding.
Customer and Customer’s Users
Use of the Services
Customer must comply with the Contract and ensure that its Users/Site Visitors comply with the Contract and the User Terms. We may review conduct for compliance purposes, but we
have no obligation to do so. We aren't responsible for the content of any Customer Data or the way Customer or its Users choose to use the Services to store or process any
Customer Data. The Services are not intended for and should not be used by anyone under the age of 16. Customer must ensure that all Users are over 16 years old.
By agreeing to the Terms when you sign up as Customer, and creating an Account or Pay subscription fees for some of the features/services, you become a Zenler Customer.
There are various products and services available to Customers, and monthly prices applicable to such products and services. Zenler pricing is subject to change without notice.
Price changes are effective on the first day of the month after the price change is posted, By agreeing to the terms and providing your credit card information you authorize
Zenler to charge your credit card in the amount indicated for the value of the services you select, including any future price changes. Unlimited plans are subject to fair usage policy. Email lists purchased from others are not permitted - this means while importing an email list or email into the platform you should make sure that your contacts on the list has opted-in to receive your communications.
Our Removal Rights
Zenler retains the right to pull down Content or suspend Accounts containing Content that are threatening, offensive, defamatory, unlawful, libelous, pornographic,racism,
obscene, viruses or otherwise objectionable or if any content contains copy-right infringement, if it violates anyones intellectual property, involve in any fraudulent
activities using the site or these Terms of Service.
If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Customer Data we will, in most cases, ask Customer to
take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Customer does not take appropriate action,
or if we believe there is a credible risk of harm to us, the Services, Users, or any third parties.
Only if you are a zero commission paid subscription plan that allows enrolling students into Zenler from outside Zenler or if you have contract to do that from Zenler,
you can collect payments for your courses outside of Zenler service. If its found that there is an attempt to bypass Zenler payment system in such cases will result in
suspension or removal of the account. If you aim is to give NO commission to be given to Zenler, upgrade to the zero subscription paid plan.
Zenler is not your backup service, so if it comes to our notice that our service is being used purely as a backup, we retain the right to take appropriate action including
suspension if the account in question in such cases.
For Customers that purchase our Subscription plans, fees are specified during the check-out process and in the Order Form(s) — and must be paid in advance. Payment obligations
are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event Customer downgrades any subscriptions from a
paid plan to a free plan, Customer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered
upon expiration of the initial paid plan subscription term. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including,
for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). Customer will be responsible for paying all Taxes associated
with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse
us for such withholding tax.
Customers subscribing to the free trial of paid monthly plans shall last for a period of 14 days. After the 14 day free trial, regular price for the pricing plan will be charged.
All customers signing up for the free trial will be required to submit payment card details as part of the process, to allow automatic payments once the free trial period finishes.
Customers not wishing to continue the Hosting Service once the free trial ends must cancel the plan or downgrade from Accounts> Billing or email firstname.lastname@example.org. Reminder
email will be sent 24 hours days before the first payment is due.
Downgrade for Non-Payment
If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights
and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that
its account is overdue. Notwithstanding the second paragraph of the "Providing the Services" section below, Customer acknowledges and agrees that a downgrade will result in
a decrease in certain features and functionality and potential loss of access to Customer Data.
Multiple Sites/ Add Sites
When you use Add Sites functionality to add more sites:
- Various limits like Email limits etc are based on your Plan for all the sites altogether, so the limits are shared across all your sites.
- You can ONLY add sites that you own. i.e You cannot add Sites that do not belong to you.
- Adding Client sites or using this as an agency account for your clients will be a violation of terms and could result in cancellation of the account.
Ownership and Proprietary Rights
Your data belongs to you - What’s Yours is Yours.
As between us on the one hand, and Customer and any customer’s Users on the other, Customer will own all Customer Data. Subject to the terms and conditions of the Contract,
Customer (for itself and all of its Users) grants us and the Zenler Extended Family a worldwide, non-exclusive, limited-term license to access, use, process, copy, distribute,
perform, export and display Customer Data, and any Zenler Products created by or for Customer, only as reasonably necessary (a) to provide, maintain and update the Services; (b)
to prevent or address service, security, support or technical issues; (c) as required by law or as permitted by the data request policy and (d) as expressly permitted in writing
by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Users/Site Visitors as may be necessary to grant this license.
What’s Ours is Ours
We own and will continue to own our Services, including all related intellectual property rights. We may make software features/products available as part of the Services.
We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Users to use the object code version of these components,
but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.
Term and Termination
As further described below, a free plan subscription continues until terminated, while a paid plan subscription has a term that may expire or be terminated.
The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract
will terminate all subscriptions and all Order Forms.
Unless an Order Form says something different, (a) all subscriptions automatically renew for additional periods equal to one (1) year or the preceding term, whichever is
shorter; and (b) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term. Either party can give the other notice
of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.
Termination for Cause
We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days
after the non-breaching party provides notice of the breach. Customer is responsible for its Users, including for any breaches of this Contract caused by its Users. We may
terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Users in violation of applicable law.
Termination Without Cause
You can cancel your account or cancel your subscriptions at any time without cause. In rare cases for violation of terms or long period of inactivity, we may also terminate
Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written a notice.
In rare cases for violation of terms, we may also terminate Customer’s paid subscriptions without cause, but we will provide Customer with thirty (30) days prior written a notice.
Effect of Termination
Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of
termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of
termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.
Data Portability and Deletion
We are custodians of Customer Data. During the term of a site’s subscriptions, Customer will be permitted to export or share certain Customer Data from the Services; provided,
however, that because we have different products with varying features and Customer has different retention options, Customer acknowledges and agrees that the ability to export
or share Customer Data may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following
termination or expiration of a site’s subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited,
delete all Customer Data in our systems or otherwise in our possession or under our control.
Zenler API License
Only on subscription plans that include API access feature, you are permitted to use Zenler API’s.
Subject to the provisions of this Agreement, Zenler grants You a worldwide, revocable, non-exclusive license, under Zenler copyrights, to Use the Zenler APIs to facilitate the
interoperability of the Zenler Solution and the Software Application solely for internal development or testing purposes. You are granted this license provided that You adhere
to the API Limits as a condition to receiving this license and that You do not attempt to circumvent any such API Limits. You also agree to not use the API to create or to be
used in a competing service or competing software.
Proper use of Zenler Trademarks and Logo
You may do any of the following, as long as you do so in a way that does not devalue, dilute, or disparage the Zenler brand ‐
a. Websites and Packaging. On product website(s), packaging, advertising, and other collateral, use of a Zenler Trademark must be less prominent than your brand, preferably by use of different type font, size, and color.
b. Separate Use. The Zenler Trademark must be used independently and separately from your trade names, service marks, logos or trademarks (no combining of Zenler Trademarks and your trade names, service marks, logos or trademarks is permitted).
c. Collective Display. Your own name, trademark or logo must be displayed wherever a Zenler Trademark is displayed.
d. Use as an Adjective. The Zenler Trademark must only be used as an adjective followed by a generic description of the branded goods or services the first time it is used in text, and as often as possible after that.
e. First Use. The “®” or “™” symbol, as appropriate, must be included with the first or most prevalent use of the Zenler Trademark in materials on which it appears. For a listing of Zenler trademarks and their current status, please refer to Section 3.
f. Attribution. The appropriate trademark symbol (i.e., “®” or “™”) should appear at least with the first use of the Zenler Trademarks and all occurrences of the Zenler logo. An attribution statement must be included in a legend on the packaging, splash screens, web pages, and other materials where the Zenler Trademark(s) appear. The statement should read: “Zenler, [list of other Zenler marks used] is/are either registered trademarks or trademarks of Zenler Inc. in the United States and/or other countries.”
g. Exact Form. The Zenler Trademark must be used only in the exact form as indicated by Zenler
h. Cessation of Use. You must comply with a Zenler request to correct, remedy, or discontinue any use of the Zenler Trademark which is determined by Zenler to be improper under these guidelines. This section applies notwithstanding any trademark license you may have in place with Zenler.
i. Nominative Use. You may indicate that your product or service is related to a Zenler product or service by using an appropriate phrase, such as "for," "for use with," or "works with," as long as your usage does not create the impression of any partnership with or endorsement by Zenler, and as long as your usage does not create the possibility of confusion as to the source of the product.
Improper use of Zenler Trademarks and Logo
Use of a Zenler owned logo is reserved solely for use by Zenler. If you would like to use a Zenler logo please contact Zenler about logo licensing terms. Examples of unauthorized use of the Zenler Trademarks include ‐
a. Entity Names. You may not form a company, use a company name, or create a software or SaaS product name that includes the “Zenler” trademark or implies any corporate or authorship role of Zenler. If you have a software product that works with Zenler, it is suggested you use terms such as “[product name] for Zenler”.
b. False or Misleading Statements. You may not make false or misleading statements regarding Zenler using the Zenler Trademarks (e.g., "Zenler Approved").
c. Domain Names and/or Search Terms. You must not use, for example, Zenler, Zenler’s Trademarks or any confusingly similar phrase or any misspelled keywords in a domain name. For instance, examples like “www.zenlerdiscount.com”, “www.buyzenler.com” or variations with ‘Zenler’ word in the domain name is not allowed. You may not use a Zenler Trademark or any word or phrase similar to a Zenler Trademark as an ad word or search marketing term.
d. Merchandise. You must not manufacture, sell or give away merchandise items, such as T‐shirts and mugs, bearing a Zenler logo. If you wish to do this, please contact us and we will be happy to discuss a license.
e. Variations, Takeoffs or Abbreviations. You may not use a variation of the Zenler Trademarks for any purpose. For example, the following are not acceptable‐ CoursesZenler, ZenlerCourses, ZenlerCourseMarketing, ZenlerAutomation or ZenlerEmails etc.,
f. Endorsement or Sponsorship. Endorsement or Sponsorship. You may not use the Zenler logo in a manner that would imply a Zenler affiliation with or endorsement, sponsorship, or support of a product or service. If you seek such an endorsement or sponsorship, please contact us.
g. Rebranding. Absent prior approval from Zenler, you may not change the brand or logo on unmodified Zenler software to your own brand or logo. You may not hold yourself out as the source of the Zenler software.
h. Web Tags. You may not use a Zenler Trademark in a title/metatag of a web page to influence search engine rankings or result listings.
i. Prohibited Publications and Sites. Display a Zenler Trademark in any publication or on a website that is pornographic, violent in nature, is in poor taste or unlawful, or which has a purpose or objective of encouraging unlawful activities.
Representations Disclaimer of Warranties
Customer represents and warrants that it has validly entered into the Contract and has the legal power to do so. Customer further represents and warrants that it is responsible for the conduct of its Users/Site Visitors and their compliance with the terms of this Contract and the User Terms.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR THE ZENLER EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT TERMS” SECTION ABOVE.
IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF THE ZENLER EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
We will not be responsible for any damages, losses or liability to Customer, Users, or anyone else if any event leading to such damages, losses or liability. Additionally, Customer is responsible for all login credentials, including usernames and passwords, for administrator accounts as well the accounts of your Users. We will not be responsible for any damages, losses or liability to Customer, Users, or anyone else, if such information is not kept confidential by Customer or its Users, or if such information is correctly provided by an unauthorized third party logging into and accessing the Services.
The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.
Our Indemnification of Customer
We will defend Customer from and against any and all third party claims, actions, suits, proceedings, and demands alleging that the use of the Services as permitted under the Contract infringes or misappropriates a third party’s intellectual property rights (a “Claim Against Customer”), and will indemnify Customer for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Customer in connection with or as a result of, and for amounts paid by Customer under a settlement we approve of in connection with, a Claim Against Customer; provided, however, that we will have no liability if a Claim Against Customer arises from (a) Customer Data or Non Zenler Products; and (b) any modification, combination or development of the Services that is not performed by us, including in the use of any application programming interface (API). Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting our defense and settlement of such matter. This section states our sole liability with respect to, and Customer’s exclusive remedy against us and the Zenler Extended Family for, any Claim Against Customer.
Customer's Indemnification of Us
Customer will defend Zenler and the members of the Zenler Extended Family (collectively, the “Zenler Indemnified Parties”) from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to Customer’s or any of its Users’ violation of the Contract or the User Terms (a “Claim Against Us”), and will indemnify the Zenler Indemnified Parties for all reasonable attorney’s fees incurred and damages and other costs finally awarded against a Zenler Indemnified Party in connection with or as a result of, and for amounts paid by a Zenler Indemnified Party under a settlement Customer approves of in connection with, a Claim Against Us. We must provide Customer with prompt written notice of any Claim Against Us and allow Customer the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting Customer’s defense and settlement of such matter. This section states your sole liability with respect to, and the Zenler Indemnified Parties’ exclusive remedy against Customer for, any Claim Against Us.
Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including all Order Forms, as well as non-public business, product, technology and marketing information. Confidential Information of Customer includes Customer Data. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
Protection and Use of Confidential Information
The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those instructors, agents, JV partners, support personnel, assistants, employees, affiliates and contractors who need to know such information in connection with the Contract; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.
Compelled Access or Disclosure
The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.
The sections titled in this terms will survive any termination or expiration of the Contract.
Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so Customer may send us an email to email@example.com stating that it does not wish to be used as a reference.
Customer grant us Zenler permission to use any and all photos/videos taken by Zenler or its agents or employees, or submitted by you to Zenler as well as all written endorsements/videos of Zenler that you send to us, or that you post on Zenler community/Zenler Facebook group, social media (videos, photos, social media posts, and feedback/video feedback sent to Zenler are hereinafter referred to as “Testimonials”) in any Media (including internet, print, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Zenler or any product or service sold and marketed by Zenler. You agree that this authorization to use Testimonials may be assigned by Zenler to any other party. You agree that that the Testimonials may be edited or modified to include other Videos, Photos, sounds, text and graphics at Zenler’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Zenler in exchange for this Release and Assignment. You hereby release and forever discharge Zenler from any and all liability and from any damages you may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon your heirs and assigns. You agree that this Release is irrevocable.
Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Relationship of the Parties; No Third Party Beneficiaries
The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the Contract.
As our business evolves, we may change the pricing, change these Customer Terms and the other components of the Contract. If we make a material change to the Contract, we will provide Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by messaging Customer through the Services. Customer can review the most current version of the Customer Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any User) accesses or uses the Services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions.
No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.
The Contract, including these Customer Terms and all referenced pages and Order Forms, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, the Contract supersedes the terms of any online agreement electronically accepted by Customer or any Users. However, to the extent of any conflict or inconsistency between the provisions in these Customer Terms and any other documents or pages referenced in these Customer Terms, the following order of precedence will apply: (1) the terms of any Order Form (if any) (2) the Customer Terms and (4) finally any other documents or pages referenced in the Terms. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process or web portal, or any other Customer order documentation (excluding Order Forms) will be incorporated into or form any part of the Contract, and all such terms or conditions will be null and void.
The Site is owned and operated by Zenler Ltd a company registered in England and Wales whose registered office is at
1-15 Clere Street,
If you have any queries please contact Customer Services at firstname.lastname@example.org
Company No: 09019348, VAT ID: 305 3474 25