Terms & Conditions
Terms of Use
This page (together with the documents referred to on it) explains the terms of use on which you may make use of our Services of thezensory.com (our “Services”) and our related software applications, whether accessed via web, desktop, iOS or Android (our ‘App’) (together, the ‘Services’).
Please read these terms of use carefully before using our Services. By using our Services, you accept these terms of use and you agree to abide by them at all times. If you do not accept them, please do not use our Services.
For clarity, these Terms & Conditions also govern your access to and use of our related software applications (including mobile and desktop applications) (the “App”) and any associated services, content, features, or functionality provided by us (together with the Site, the “Services”).
Definitions In these Terms, unless the context requires otherwise: “Agreement” means these Terms together with any Order; “Customer”, “you” and “your” refer to the organisation or person accepting these Terms; “Order” means an order form, statement of work, or online checkout confirming your subscription tier, quantities, fees and term; “Authorised Users” means your employees, contractors and other persons permitted by you to access the Services; “Customer Data” means data inputted by you or on your behalf into the Services; “Personal Data”, “Controller”, “Processor” and “Data Subject” have the meanings given in Applicable Data Protection Law; “Security Policy”, “Support Policy” and “SLA” mean our then-current policies referenced in an Order or made available within the Services.
Information About Us
The Services is operated by The Zensory (“We” or “Us”). We are a limited company registered in England and Wales under company number 13517725 and have our registered office at 29a High Street, West Wickham, Kent, United Kingdom, BR4 0LP.
The App and the Services are provided by The Zensory Ltd. References in these Terms to “we/us/our” include our affiliates and permitted subcontractors.
Description of the Services
We provide a platform, courses, workshops, and assessments to assist with productivity and wellbeing, with particular focus on sensory requirements and mindfulness, supporting users across sectors including, but not limited to, cybersecurity, corporate, enterprise, education, sports, healthcare, mental health, and neurodiversity. You may use the Services for your personal use or for internal business purpose in the organisation that you represent. You are responsible for obtaining internet access, compatible devices, and any equipment required to use the Services.
You may use the Services for your personal use or for internal business purposes of the organisation you represent, subject to these Terms and any applicable Order. Access to the App requires compatible hardware and operating systems; some features may be device- or region-specific.
SaaS Subscription; Orders; Term
(a) Subscription Model. The Services are provided on a subscription basis as Software-as-a-Service. The start date, initial subscription term, renewal term(s), quantities (e.g., number of seats), and pricing will be as stated in the applicable Order.
(b) Auto-Renewal. Unless the Order states otherwise, each subscription automatically renews for successive periods equal to the expiring term unless either party gives at least 30 days’ written notice prior to the end of the then-current term.
(c) Priority. If there is any conflict, an executed Order prevails over these Terms; a Data Processing Agreement (DPA) prevails over any conflicting data protection terms herein.
Licence Grant and Restrictions
(a) Licence. Subject to the Agreement and payment of applicable fees, we grant you a non-exclusive, non-transferable, worldwide, limited-term licence for your Authorised Users to access and use the Services solely for your internal business purposes. The App is licensed, not sold.
(b) Restrictions. You shall not (and shall not permit anyone to): (i) copy, modify, create derivative works of, frame or mirror any part of the Services; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive source code (except to the extent such restriction is prohibited by law); (iii) access the Services to build a competing product or service or to benchmark other than for your internal evaluation; (iv) use the Services in breach of Applicable Law or our Acceptable Use Policy (if provided).
(c) Third-Party Services. The Services may interoperate with third-party services (“Third-Party Services”). We do not control Third-Party Services and are not responsible for their acts or omissions. Your use of Third-Party Services is subject to their terms.
Accounts and Users
You are responsible for (a) configuring and administering Authorised User accounts; (b) maintaining the confidentiality of credentials; and (c) all activities occurring under your accounts. You will promptly notify us of any unauthorised use or security incident. We may suspend access where we reasonably believe there is a security risk, breach of these Terms, or non-payment, and will restore access once the issue is remedied.
Acceptance of terms
By accessing or using our Services, you confirm that you accept these terms of use and will comply with them. If you do not agree to these terms, you must not use our Services. We may amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time.
By accessing our Services, you confirm that you are over 18 years of age.
By using any part of the Services (including the App) or by executing an Order, you agree to be bound by this Agreement on behalf of the Customer. We may update these Terms from time to time. Material changes will take effect on renewal or 30 days after notice (whichever is earlier), unless required earlier by law or security.
Service Levels; Support; Maintenance
We will provide the Services using reasonable skill and care and in accordance with any SLA and Support Policy referenced in an Order. We may carry out scheduled maintenance, updates and upgrades; where practicable, we will schedule maintenance outside core business hours and provide advance notice for material downtime.
Availability of our Services
Although we aim to always keep our Services available, we do not guarantee that the Site, App, or any content will always be available or that access to it will be uninterrupted. We may also provide updates, upgrades, or patches to the App. These may be required for continued use, and failure to install updates may mean the App becomes unavailable or insecure. We will not be liable to you if, for any reason, you are unable to access our Services or any of its content.
The same applies to the App and the Services as a whole. We may suspend or restrict access for legal, security, or operational reasons. We may release patches, updates or new versions of the App; some updates may be required for continued use.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it. Those works are protected by copyright, database rights and other laws and treaties around the world. All such rights are reserved, and no rights are granted to you except for those expressly granted in these terms.
The Zensory, our platform, courses, workshops, assessments, and the names of individual services advertised on the Services are trademarks of Us. You agree not to display or use, in any manner, our trademarks, without our prior written permission.
We and our licensors retain all right, title and interest in and to the Services and underlying software, including any enhancements or derivatives. You grant us a royalty-free, worldwide licence to host, copy and process Customer Data solely to provide and support the Services, to prevent or address service or security issues, and as otherwise permitted under this Agreement.
Customer Data; Data Portability
(a) Ownership. As between the parties, you own all right, title and interest in Customer Data.
(b) Export/Deletion. During the term, you may export Customer Data via the Services’ standard functionality. Upon termination or expiry, we will delete or return Customer Data within a reasonable period per our retention schedules, except where retention is required by law or for legitimate business records.
(c) Aggregated/De-identified Data. We may generate and use aggregated, de-identified data derived from Customer Data and Service usage for analytics, benchmarking, and to improve the Services, provided such data does not identify you or any individual.
Data Protection
(a) Compliance. Each party will comply with Applicable Data Protection Law. Where we process Personal Data on your behalf, the Data Processing Agreement (DPA) available on request or appended to the Order applies and is incorporated by reference.
(b) International Transfers; Subprocessors. We may use sub-processors and transfer Personal Data internationally as described in the DPA. We remain responsible for our sub-processors’ performance.
(c) Security. We will implement and maintain appropriate technical and organisational measures as described in our Security Policy.
(d) Incidents. We will notify you without undue delay after becoming aware of a Personal Data Breach affecting your Personal Data, and will provide information and cooperation as reasonably required.
Acceptable Use
You shall not use the Services to: (i) store or transmit material that is unlawful, harmful, defamatory, or infringes third-party rights; (ii) upload malicious code; (iii) interfere with or disrupt the integrity or performance of the Services; (iv) attempt to gain unauthorised access; or (v) send unsolicited or unauthorised advertising (spam). We may remove content and/or suspend access for breaches of this section.
Disclaimers
The content on our Services is provided for general information only. Furthermore, we do not warrant or represent that the content on our Services is accurate, complete or up to date.
In the circumstances, we do not accept any responsibility for, and all liability is excluded in relation to, any loss which may arise from reliance on information or materials published on our Services.
Except as expressly stated in an Order or these Terms, the Services are provided “as is” and “as available”. We do not warrant that the Services will be uninterrupted or error-free, or that they will meet your requirements. We disclaim all implied warranties to the fullest extent permitted by law, including merchantability, satisfactory quality and fitness for a particular purpose.
Links to other Web Services
Where our Services contains links to other Services and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Web Services or of any information you may obtain from them. We have no control over the contents of such Web Services or resources.
The Services may include integrations with Third-Party Services. We are not responsible for and do not endorse Third-Party Services; your use of them is at your own risk and subject to their terms.
Viruses, Hacking and Other Offences
We do not guarantee that our Services will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services is stored, or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Services will cease immediately.
The foregoing applies equally to the App and the Services as a whole.
Limitation of Liability
Nothing in these terms shall operate so as to limit or exclude our liability for fraud, for death or personal injury caused by our negligence or for anything else for which our liability cannot, by law, be limited or excluded.
Subject to this, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Services or your use of, or reliance on, any content displayed on our Services.
Subject to the first paragraph above, our aggregate liability arising out of or in connection with the Agreement shall not exceed the total fees paid or payable by you for the Services giving rise to the claim in the 12 months immediately preceding the first incident out of which the liability arose. We will not be liable for: loss of profits, revenue, business, goodwill, or anticipated savings; loss, corruption or inaccuracy of data; or any indirect or consequential loss.
Indemnities
(a) IP Infringement Indemnity. We will defend you against any third-party claim that your authorised use of the Services infringes a UK or EU patent, copyright, database right or trade mark, and will pay any damages and reasonable costs finally awarded or agreed in settlement, provided you: (i) promptly notify us; (ii) give us sole control of the defence and settlement; and (iii) provide reasonable cooperation. We may procure the right for you to continue using the Services, modify them so they are non-infringing, or terminate the affected Services with a pro-rata refund. We have no liability to the extent the claim arises from your materials, combinations not provided by us, or use in breach of this Agreement.
(b) Your Indemnity. You will indemnify us against claims arising from Customer Data or your use of the Services in breach of this Agreement or Applicable Law.
Fees; Taxes; Invoicing
Fees are as stated in the Order and are payable in the currency specified therein. Unless stated otherwise, fees are exclusive of VAT and other applicable taxes, which you shall pay at the appropriate rate. Except as expressly provided herein, fees are non-cancellable and non-refundable. Invoices are due within 30 days of invoice date. Late payments may accrue interest at 4% per annum above the Bank of England base rate (or the maximum allowed by law, if lower) and we may suspend the Services for non-payment after reasonable notice. We may require a purchase order number on invoices if you notify us before invoicing.
Confidentiality
Each party shall keep confidential and not disclose to any third party any Confidential Information of the other, using at least the same degree of care as it uses for its own confidential information and no less than reasonable care. Confidential Information excludes information that is or becomes public (other than through breach), was lawfully known, is independently developed, or is lawfully received from a third party without restriction. Either party may disclose Confidential Information to its affiliates, professional advisers and subcontractors under appropriate confidentiality obligations, and as required by law.
App Store Terms; Device Permissions
Where the App is obtained via the Apple App Store, Google Play or other store (each an “App Store”): (a) these Terms are between you and us, not the App Store; (b) the App Store is not responsible for the App or its content, maintenance or support; (c) you must comply with the applicable App Store terms; and (d) to the extent permitted by law, the App Store has no warranty or liability obligation to you with respect to the App. Certain features may require device permissions (e.g., notifications, microphone, camera, motion sensors); you may manage these in your device settings, but disabling them may affect functionality.
Export Control; Sanctions; Anti-Bribery
Each party shall comply with applicable export control, trade sanctions and anti-bribery/anti-corruption laws (including the UK Bribery Act 2010). You warrant that you are not listed on any applicable sanctions list and will not permit access to the Services in violation of such laws.
Trials; Beta Features
From time to time we may offer free trials or access to beta features. Such features are provided “as is”, may be suspended or withdrawn at any time, and are excluded from any SLA or support commitments.
Professional Services
Any implementation, configuration, training or other professional services will be set out in an Order or statement of work and delivered on a time-and-materials or fixed-fee basis, as specified. Deliverables are licensed to you for your internal business purposes unless otherwise stated.
Publicity
We may not use your name or logo in customer lists, press releases or marketing materials without your prior written consent (email sufficient).
Assignment; Subcontracting
Neither party may assign the Agreement without the other’s prior written consent, except that either party may assign to an affiliate or in connection with a merger, acquisition or sale of substantially all its assets. We may subcontract our obligations, remaining responsible for our subcontractors’ acts and omissions.
Notices
Notices under this Agreement must be in writing and delivered by email to the contacts specified in the Order (or, if none, to your account administrator email and to legal@thezensory.com for notices to us). Notices are deemed received on the next business day after sending, if no bounce-back is received.
Term; Termination
The Agreement commences on the effective date of the first Order and continues until all subscriptions have expired or have been terminated. Either party may terminate an Order or the Agreement: (a) for material breach not cured within 30 days of notice; (b) if the other party becomes insolvent. You may terminate for convenience at the end of a subscription term by giving the notice required in the “Auto-Renewal” clause. On termination, your access will cease and we will handle Customer Data per “Customer Data; Data Portability”. Accrued rights and payment obligations survive.
Entire Agreement; Severance; Third Party RightsThis Agreement (including Orders, the DPA, and referenced policies) constitutes the entire agreement between the parties and supersedes prior discussions. Each party acknowledges it has not relied on any statement not expressly set out herein (but nothing excludes liability for fraud). If any provision is held invalid, the remaining provisions remain in full force. A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Governing Law and Jurisdiction
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
The foregoing applies to the Agreement and the Services as a whole, not only the Site.
App Store Terms
If you download our App from the Apple App Store, Google Play Store, or any other app store (each an “App Store”):
- you acknowledge that these Terms are between you and The Zensory, not the App Store;
- the App Store is not responsible for providing any maintenance or support for the App;
- the App Store has no responsibility for any product liability claims, legal compliance, or intellectual property infringement relating to the App; and
- you agree to comply with the App Store’s terms of service when using the App.
Contact Us
Please email us at info@thezensory.com to contact us about any issues.
For legal notices, please refer to the “Notices” section above.