The following key points of this User Agreement are brought for your convenience only. They do not substitute the full Terms.
- Who we are. ZenGo is owned and operated by ZenGo Ltd.
- What is ZenGo. ZenGo is a mobile application that allows users to conveniently and securely access, send and receive their crypto currencies, tokens and digital assets. ZenGo can also be used to interact with certain third party services, decentralized applications and platforms.
- Important disclaimers. ZenGo is not intended as, and does not provide, any investment or financial advice whatsoever. As with any financial or investment decisions, you should conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.
- Intellectual property. All legal rights in ZenGo, including all intellectual property rights, are ZenGo’s.
- Disclaimer of warranty. ZenGo is provided for use ‘as is’. We disclaim all warranties and representations with respect to ZenGo.
- Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use ZenGo.
- Law & jurisdiction. Use of ZenGo is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.
- Termination. You may request to terminate your account at any time by contacting us at [email protected]. Upon termination of these Terms or your account, your right to use ZenGo is terminated and you must immediately cease using ZenGo.
- THE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT.
… and in detail
Welcome to ZenGo, a mobile application (“App”) that allows users (“Users” or “you”) to conveniently and securely access, send and receive cryptocurrencies, tokens and digital assets (“Assets”) as well as interacting with certain third party services, decentralized applications (“DApp(s)”) and platforms (they will all be referred to as “Third Party Services”).
ZenGo is owned and operated by ZenGo Ltd. (“ZenGo”, “we”, “us” and “our”).
Please read the following User Agreement (the “Terms”) carefully. By signing up to, accessing, or using ZenGo, you agree to these Terms. If you do not agree to these Terms, you may not access or use ZenGo.
HOW DOES IT WORK?
Unlike traditional decentralized wallets, ZenGo offers its users a tool to conveniently and securely sign transactions (“Transactions”) with no private key for Users to manage (“Private Key”). ZenGo uses distributed security, by which our servers hold a key share (“Server Share”) to sign transactions, while the other share is on the User’s mobile device (“Device Share”). Only when both Shares interact, a Transaction can take place. This means that ZenGo is unable to access Users’ Assets without their volition and consent.
In case Users’ Devices are unavailable — e.g. if the Device is broken or stolen — ZenGo provides a way to assist Users to securely recover their Device Share by using unique facial recognition technology. The recovery process will be available to Users provided they have fully completed the backup process in accordance with the instructions presented on ZenGo.
We also offer certain trust services to users that hold an active digital currency wallet through ZenGo (the “Beneficiaries”). ZenGo will appoint a designated trustee whose information will be available through the App and on ZenGo’s website (the “Trustee”).
The Trustee will publish, for the review of the Beneficiaries, a quarterly report on https://github.com/ZenGo-Trustee/reports (the “Reports”). In addition, in the event that the company is unable to continue operating, the Trustee will publish certain software data (the “Master Decryption Key”) on https://github.com/ZenGo-Trustee/Server-key-release, that will allow each Beneficiary to combine the their individual Device Share along with its relevant Server Share, in order to assist the Beneficiaries to withdraw their funds from their wallet (the “Trust Services”).
Through ZenGo, Users can also access and view the balance of their Assets. The Fiat value of User’s Assets as displayed through ZenGo is only an estimate depending on relevant exchange rates of Fiat Currency and the valuation of Assets which are constantly changing. ZenGo does not warrant nor does it make any representations as to the accuracy of the fiat value displayed through ZenGo. For the avoidance of any doubt, “Fiat Currency” means any currency issued by a Central Bank of sovereign countries, such as the US Dollar, Euro, etc.
Time-lock Transmission. In case of an unexpected event that prevents a User from using its ZenGo account, we offer a service that enables Users to choose an alternative Beneficiary that will automatically gain access to the User’s ZenGo account in case User’s account becomes inactive for a certain period of time (defined by the User). The alternative Beneficiary must have a valid ZenGo account and actively accept User’s invitation to act as its alternative Beneficiary.
ZenGo is not intended as, and does not provide, any investment or financial advice whatsoever. With respect to any financial or investment decisions, it is strongly recommended that you conduct your own research and due diligence investigation, to properly evaluate the benefits and risks of any investment or financial transaction. It is also strongly recommended that you seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsels and investment advisors, in connection with any investment or financial transaction.
All information presented to you by the Trustee, including reference materials published on or presented to you in the Reports, or in relation to the Trust Services, do not in any way constitute a general offer or investment advice, with respect to an investment or the purchase of products or services presented on ZenGo. Nothing in the Reports or Master Decryption Key constitutes a recommendation, opinion, endorsement or financial advice of any kind.
You agree to be held completely and fully responsible for your decisions. The Trustee does not guarantee the completeness or accuracy of the information presented in the Reports or on the App and is not liable for any errors in actions taken in reliance thereon, including with respect to the release of any funds.
Use of ZenGo may not be available to you, in whole or in part, in certain regions, countries, or jurisdictions, in order to comply with certain rules and regulations.
False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to ZenGo.
Additional information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of ZenGo or when you submit requests related to your ZenGo account.
ACCEPTABLE AND PROHIBITED USE OF ZENGO
Accepted use. The following terms define the acceptable use of the App and the content available therein. By using the App, you agree to abide by all applicable laws.
Account suspension. We may temporarily or permanently suspend the use of or revoke your account, if we believe you have violated these Terms or exhibit behavior that raises suspicion of criminal activity.
Prohibited use. When using ZenGo, you must refrain from –
- Breaching these Terms or any other applicable rules and instructions that we may convey with respect to ZenGo;
- Interfering with, burdening or disrupting the functionality of ZenGo;
- Breaching the security of ZenGo or publicly identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of ZenGo, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in ZenGo;
- Sending automated or machine generated queries;
- Using robots, crawlers and similar applications to collect and compile content from ZenGo or send data to ZenGo including for the purposes of competing with ZenGo, or in such ways that may impair or disrupt ZenGo’s functionality;
- Displaying or embedding content from ZenGo, including by any software, feature, gadget or communication protocol, which alters the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information regarding ZenGo’s users, without their prior explicit consent;
- Abusing, harassing, threatening or intimidating other users of ZenGo;
- Linking to ZenGo from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
- Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
- Transferring your account on ZenGo to another person;
- Violating any applicable law;
You are solely responsible for the content you make available through ZenGo and for the consequences associated with doing so.
FEE-BASED AND FREE OF CHARGE SERVICES
Access to ZenGo is currently offered free of charge, but may be subject to payment of fees in the future. In such case, we will notify you in advance and seek your consent to the payment of the fees. If you do not consent, we may terminate your access to ZenGo. In addition, we may present you with in-app services and features that are subject to payment of fees in accordance with the packages, schemes and amounts presented to you, either upon registration or at a later time.
Fee-based services. Failing to settle the payment of any applicable fees will prevent you from further using ZenGo, notwithstanding any other remedies available to us under the applicable law. In such a case, we may terminate your ZenGo account and your use of its features.
Your subscription to ZenGo will continue on a monthly basis unless and until you cancel it and terminate these Terms (see the “Termination” section below) or otherwise it has been suspended or discontinued pursuant to these Terms.
All Fees are quoted in US Dollars, unless expressly stated otherwise.
We will charge you for the applicable fees (if applicable), as they become due, using the payment method you provide during registration or at a later stage (“Payment Method”). By providing your Payment Method, you represent and warrant that you are lawfully permitted to use the selected Payment Method in connection with your use of ZenGo.
We may require additional information from you before completing payment transactions. You must keep the Payment Methods you provided to us current, complete, and accurate, and notify us promptly in case of any change in your Payment Method or other details you have provided us.
Your Payment Method may be processed and handled through relevant third party payment processors, such as credit card service providers and payment processors (e.g. PayPal). Your Payment Method is therefore subject to the terms and conditions of these third parties pursuant to your contractual relations with them.
You acknowledge that the third parties processing any of the Payment Methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment processor. We will not be liable for mistakes, errors, malfunctions or miscalculations that you or third party payment processors might make in the course of a payment transaction.
We may, from time to time, and without specific notice to you, add additional Payment Methods to the then-current Payment Methods, or cease to use previously supported Payment Methods.
By registering to Zengo and confirming the packages, schemes and amounts presented to you, you give your consent to being billed for the applicable Fees, in addition to any applicable taxes (such as sales tax, value added tax or withholding tax), and any surcharges or commissions charged by the payment processor or your Payment Method.
All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges. In case needed, then promptly following our request, you will provide us with the taxation documentation necessary for processing the fees.
To the maximum extent permitted by applicable law, the fees paid by you are non-refundable. You are responsible for paying all applicable fees whether or not you actually accessed or otherwise benefited from your use of ZenGo. Failure to settle any overdue fees within thirty (30) calendar days of its original due date will constitute a material breach of these Terms, and may cause us to suspend, disable or terminate your account, in addition to any other remedies available to us under the applicable law.
While using the services of one or more third parties, you may be subject to fees and charges set by them. In some cases, ZenGo may receive a fee as an affiliate of the Third Party Service.
Our intellectual property. All rights, title and interest in and to the ZenGo, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are the exclusive property of ZenGo and its licensors.
Restrictions. You may not copy, reverse engineer, modify or create derivative works of ZenGo’s intellectual property, in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.
Your use of the ZenGo may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as iTunes, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple’s App Store. You agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
THIRD PARTY SERVICES
ZenGo may be used to interact with Third Party Services.
Third Party Services may provide you different services applicable to your Assets, such as purchasing Assets with fiat currency, selling Assets for fiat currency, swapping between Assets or saving through an interest bearing smart contract.
You may also “share” your activity on ZenGo and invite your friends to use ZenGo through social network Third Party Services.
You may also choose to access Third Party Services through the App or to grant permission to Third Party Services to access your ZenGo account. Any such permissions you may grant does not require our knowledge or need for approval and we do not have any control over it.
The following terms apply to services provided by Third Party Services.
- Use of Third Party Services is governed by their respective terms of service, not by these Terms. When you use Third Party Services, you bear the sole and exclusive responsibility for accepting and complying with their respective terms of service, fees and charges.
- The responsibilities, obligations and liabilities of Third Party Services are as indicated in their respective terms of service and ZenGo is not responsible for any service provided by a Third Party Platform.
- IF YOU CHOOSE TO ACCESS THIRD PARTY SERVICES THROUGH THE APP OR GRANT PERMISSION TO THIRD PARTY SERVICES TO ACCESS YOUR ZENGO ACCOUNT, EITHER THROUGH THE THIRD PARTY SERVICES OR THROUGH ZENGO, YOU ACKNOWLEDGE THAT YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ALL ACTS OR OMISSIONS AND ASSUME ALL RISK ARISING FROM THE USE OF THE THIRD PARTY SERVICES. ZENGO PROVIDES ACCESS TO THE THIRD PARTY SERVICES ONLY AS A CONVENIENCE AND DOES NOT WARRANT, CONTROL, ENDORSE, APPROVE, SUPPORT OR ADOPT ANY THIRD PARTY PLATFORM. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE THIRD PARTY SERVICES AND WE ARE NOT RESPONSIBLE FOR THEIR AVAILABILITY, OPERATION, SUPPORT OR LEGITIMACY.
Terminating your account. You may, at any time, request to terminate your account by contacting us at [email protected].
Upon termination of these Terms or your account, your right to use ZenGo is terminated and you must immediately cease using ZenGo.
Effects of Termination. Upon termination, your user account will be cancelled.
Terminating the operation of ZenGo. We may at any time discontinue or terminate the operation of ZenGo, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.
CHANGES AND AVAILABILITY
Changes on ZenGo. We may, at any time and without prior notice change the layout, design, scope, features or availability of ZenGo. We may also remove User Content if we deem it necessary for operational reasons.
Availability. The availability, functioning, quality and functionality of ZenGo depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
Changing these Terms. We may revise these Terms (beyond the terms, rules and policies explained in our user guide), in whole or in part, at any time by notifying you of the amended Terms ahead of time. Your continued use of ZenGo after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
ZENGO IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ZENGO, ITS CONTENT, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, THE THIRD PARTY SERVICES, THE FEES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) ZENGO WILL OPERATE UNINTERRUPTEDLY, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) ZENGO WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF ZENGO AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON ZENGO WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF USING ZENGO WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF ZENGO, OR THE CONTENT PRESENTED ON, OR THROUGH, ZENGO, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF ZENGO IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE THIRD PARTY SERVICES, THE FEES, THE USE OF, OR THE INABILITY TO USE ZENGO OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF ZENGO, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON ZENGO, OR FROM ANY COMMUNICATION THROUGH ZENGO, OR WITH OTHER USERS ON ZENGO, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON ZENGO, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE APP OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO ZENGO, OR IF THROUGH YOUR USE OF ZENGO, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of ZenGo, your breach of these Terms or infringement of any other person’s rights.
GOVERNING LAW, JURISDICTION
Regardless of your place of residence or where you access or use ZenGo from, these Terms and your use of ZenGo will be governed by and construed solely in accordance with the laws of the State of Israel.
The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to ZenGo or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to ZenGo or these Terms at [email protected].
Effective Date: March 29th, 2022.