The purpose of these Terms is to introduce the basic terms and conditions of our services offered through our website. MyZenTeam provides Customers with a human resources software („Software”) that focuses on asynchronous communication and helps to improve employee engagement (“Service”).
As used in these Terms, "MyZenTeam" means The Remote Company, Inc., a corporation incorporated under the laws of Delaware, with its business address at 228 Park Ave S, PMB 54955, New York, New York 10003-1502 U.S.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR ACCESSING OR USING ANY MYZENTEAM SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED OR REFERENCED TO IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
1. Acceptance of Terms
1.1. To use our Service you must:
1.1.1. be at least sixteen years old;
1.1.2. provide accurate contact and billing information;
1.1.3. agree with these Terms and Data Processing Addendum (“DPA”), which form part of these Terms.
1.2. By signing up and using the site, you accept these Terms and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.
2. General rules
2.1. You must follow these rules:
2.1.1. Your use of our Service has to comply with all applicable laws and regulations, including but not limited to data protection. In connection with the Customer’s use of the Service / the Software, the Customer or its representatives will not copy, modify, or create derivative works of the Software; or use the Services for the purposes of developing, directly or indirectly, a product or service competitive to the MyZenTeam‘s Services.
2.1.2. If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" or "Customer" reference your company.
2.2. If you violate any of these rules, we may suspend or terminate your account.
3. Payment terms
3.1. Payment is not made until provision of Service. The payment period is one month and can be settled by credit card only. We do not accept American Express cards, cash, payment checks or any other payment methods.
3.2. User subscriptions purchased by you commence on the start date specified in the applicable order and continue for the subscription term specified on that order.
3.3. After the end of the plan of the Services it will be renewed automatically unless Services will be terminated.
3.4. Prices do not include VAT or other taxes of any kind. We may modify or change our fees and pricing at any time.
4.1. You acknowledge and agree that MyZenTeam may occasionally send you communications regarding your account or the Service via email.
4.2. Communication with MyZenTeam must be conducted in English only. If you provide official letters or documents to MyZenTeam, MyZenTeam reserves the right to request that you translate it to English.
5. Accounts, passwords and security
5.1. In order to access our Service you must:
5.1.1. be a registered user. After creating a MyZenTeam account, you will need to complete two steps to validate your account: (i) Complete your profile; (ii) Get a confirmation email. Users are limited; or
5.1.2. be invited by an existing user to join. After acceptance of the invitation, you will need to sign up.
5.2. We will approve your account if you comply with the requirements. MyZenTeam reserves a right at its sole discretion to disapprove your account. In both cases, you will receive an email.
5.3. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username. You shall also ensure that your representatives will keep any usernames and passwords safe and secure and will ensure that they are not used without your permission. The Customer is liable for the acts or omissions of its representatives/users.
5.4. MyZenTeam reserves the right, at its sole discretion, to delete your disapproved account without notifying you.
5.5. MyZenTeam reserves the right to access your account to provide support, manage settings, or test it to ensure the functionality and features of MyZenTeam Services.
5.6. If your account is inactive for 1 year or more, MyZenTeam reserves the right to permanently delete your account with all its data provided to MyZenTeam. In case MyZenTeam decides to delete your account, you will be informed via email. You will then be given 30 days to export the data or reactivate your account before the account is permanently deleted.
6. Limitation of Liability
6.1. Your use of the Service is at your sole risk. In no event shall MyZenTeam:
6.1.1. Be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website and/or Services, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data;
6.1.2. Be held liable for any virus or otherwise uploaded harmful file;
6.1.3. Be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances;
6.1.4. Be held liable for the results and your expectations of using the Service;
6.1.5. Be held liable for a dispute between the Customer and its users or any other third-party ("Dispute"). The Customer agrees that MyZenTeam is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby holds MyZenTeam harmless from any such loss or damage or any liability in relation to any Dispute. In case the Dispute arises Article 9 of these Terms will apply;
6.1.6. Be held liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services as a result of MyZenTeam’s service providers (network provider, data centers, etc.).
6.2. You accept and acknowledge that we do not exercise any control over your specific human resource practices or decisions related to employment, promotion, advancement, termination or compensation of your employees when using our Software or Service. You assume full responsibility for any and all decisions with respect to Your use of the Service and agree to use the Service at your own risk.
7. Termination of Service
7.1. The term of Service will continue for as long as you have a MyZenTeam account or until you or we terminate it.
7.2. We reserve the right to terminate your account or limit your use of the Services at any time with or without cause. If we decide to terminate your account, you will receive a termination notice with further instructions.
7.3. You also have the option of canceling your account at any time without penalty. In the event of account cancellation, you will lose all data related to your account.
7.4. We reserve the right to terminate our Services if your account is inactive for 1 year or more as per section 5.6 of these Terms.
8.2. We may, at our sole discretion, offer refunds in other situations in accordance with the requirements we post on the website, which may be changed from time to time. In any case, the refund can only be made within 30 days from the last transaction date.
9. Account Disputes
9.1. In the event of internal disputes involving MyZenTeam accounts, you shall resolve the matter directly with the other party. You shall not request access to or information about an account that you do not have access to.
9.2. MyZenTeam reserves the right to suspend any account associated with the dispute to protect the security and privacy of the data held within the account until the dispute is properly resolved. Please note that we will request a copy of the court decision or other legitimate document to suspend the account.
9.3. MyZenTeam shall not investigate repetitive requests related to the account dispute unless a new significant basis is provided and/or there are convincing arguments that MyZenTeam’s previous actions were incorrect.
11. Intellectual property
11.1. MyZenTeam claims no intellectual property rights over the material you provide to the Software. You acknowledge that MyZenTeam owns all rights, titles and interests in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Software.
12. Free trial
12.1. All new free accounts get a 14-day trial.
12.2. Once you upgrade to a paid plan, your free trial will end.
14. Data Processing Addendum
14.1. If you share any personal data with us, the Data Processing Addendum applies to you.
15. Miscellaneous provision
15.2. The Terms become effective with subscription to the Service (“Effective Date”) and continue until all subscriptions granted in accordance with these Terms have expired or been terminated. If you elect to use the Service for a free trial period and do not purchase a subscription before the end of the trial period, the Terms will terminate at the end of that period.