End User License AgreementLast revised: 15.09.2020
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Thank you for choosing ZCoach. This End User License Agreement (the "Agreement" or "EULA") is a legal agreement between you ("User", "you", "your"), either an individual or an entity ZCoach. ("The Company", "Owner", 'Zcoach", "we", "us" or "our"), with regard to use of the App ZCoach (defined below as the "Software") and, including, without limitation, provision of services on training of cryptocurrency trader capabilities and managing of trading portfolios through the Software ("Services").
YOU SHOULD CAREFULLY READ THIS AGREEMENT BEFORE INSTALLING THE APP, ACCESSING THE SITE OR OTHERWISE USING THE SERVICE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU SHALL NOT ACCESS, DOWNLOAD, INSTALL THE APP, ACCESS THE SITE OR OTHERWISE ACCESS THE SERVICE.
Zcoach reserves the right to amend, supplement or modify this Agreement at any time in its sole discretion. ZCoach may notify the User of changes to this Agreement by placing pop-up message in the App or otherwise. Nonetheless, we encourage you to check the current Agreement or any changes made to it in the App or on the Site. If any changes to this Agreement are unacceptable to you or you no longer is in compliance with this Agreement, you may terminate this Agreement in accordance with Section 22. Your continued use of the Software after the changes become effective constitutes your acceptance of the revised Agreement. Zcoach may restrict use of certain Software features or limit your access to the Software or its part without notice and liability.
By accepting this Agreement, you represent that you are of legal age and legally able to enter into a contract. If you act on behalf of company while accepting this Agreement, you represent that you are authorized to bind that company, and where the context requires, 'you' means the company.
You need compatible hardware, software and Internet access (fees may apply) to use the Software. Proper operation of the Software may be affected by these factors.
"Service" (or "Services") means the services provided by ZCoach through the Software, including, without limitation, training beginners of cryptocurrency trader capabilities to gain experience and learn strategies in trading tokens.
"App" means the software program "ZCoach", available for use in iOS and Android operation system, with any updates provided by ZCoach.
"Website" ("Website" or "Site") means the website (if applicable), it's subdomains or other websites provided by ZCoach.
"ZCoach Platform" ("Platform") means a hardware and software that facilitates informational and technological interaction among Us, Users, Advertisers, and other parties using the Platform ("Platform Participants", "Partners"), developed or published by us or by independent software vendors ("Vendors") subject to the requirements set forth in this Agreement and which we use to provide the Services of ZCoach.
"Software" means the App, the Site and ZCoach Platform together.
"General Trading Account" means an Account that belongs to the User at token exchange and synchronized with ZCoach User's Account after completion of synchronization process as specified in the Software.
"Virtual Trading Account" means an Account that belongs to the User after completion of registration process giving the access to the Software feature of simulating real crypto currency trading with reference to real-time data of token exchange.
"ZCoach Marks" means names, trademarks, designs, graphics, logos, symbols, words, font and images or any combination thereof, whether registered or unregistered, associated with ZCoach and its Services and owned or otherwise controlled by ZCoach.
"Territory" means the territory of any country in the world where or from which the User is entitled to use Software, excluding the USA and Japan and to the extent possible under the laws of respective territory.
1.1. Subject to acceptance of this Agreement, ZCoach directly grants to you a non-exclusive, non-transferable, revocable limited license to use the Software by running the App or the Site and accessing the Services in the Territory through the Software exclusively for your personal, non-commercial use (the "License").
1.2. The Software is a carefully controlled environment designed to provide maximum level of enjoyment for all Users. In order to preserve an enjoyable experience for all Users, and to protect ZCoach intellectual property rights, the activities identified in subsection 1.3 are strictly prohibited. Therefore, any use of the Software in violation of subsection 1.3 exceeds the scope of the License granted to you and constitutes breach of this Agreement, which may result in immediate limit of your access to the Software, suspension or permanent banning of your Account, or such other lesser measures which ZCoach may take in its sole discretion.
1.3. The User is not entitled to:
(a) use the Software beyond the scope of this Agreement, including, without limitation, commercially exploit the Software and Services, make copies of the Software or reproduce the Software or any part thereof (other than as set forth herein);
(b) reverse engineer, decompile, disassemble, display, perform, prepare derivative works based on, or otherwise modify the Software, in whole or in part, take any actions that could damage, disable, overburden, or impair the Service;
(c) restrict or inhibit any other user from using and enjoying any Software features;
(d) to abuse any campaigns, discounts, referral systems, provided from time to time by ZCoach;
(e) Data mining: use third-party software that intercepts, collects, reads or otherwise «mines» information generated or stored by ZCoach;
(f) automated access to the Software («bots»), i.e. any code or software that wasn't directly authorized by ZCoach, and allows the automated control of the Service and/or any component or function of the Service;
(g) post, transmit, promote, upload, or distribute any content that is illegal and that you do not own or have permission to freely distribute, upload files that contain a virus, worm, spyware, or other programs that may damage, interfere with or disrupt the Software, as well as use abusive, offensive, or defamatory lexis;
(h) harass, threaten, embarrass, spam or do anything else to another User that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.;
(i) use of automation facilities, anonymizer systems and other companies or organizations that provide an access through open proxy servers or otherwise for the purpose of concealing or substitution of information about User, as well as the User's actual location;
(j) misinform your identity using the login and password of another registered User, to distort you (User's information) on yourself, your age, or your relationships to other persons or organizations.
1.4. From time to time, we may (i) deploy or provide patches, updates, additional content or other modifications to the Software (for example, add new features or resolve software bugs); and remove or suspend access to particular features, content or other parts of the Software. We need to take the actions referred to in this subsection in order to keep the Software and the Service running efficiently. It is therefore not practicable to ask for your approval or even to notify you before we take these actions. Any patches, updates and modifications to the Software shall be deemed the part of the Software, therefore, the use of these patches, upgrades and modified Software is covered by the terms of this Agreement.
2. USER ACCOUNTS AND ACC. SECURITY
2.1. You may be required to register and create an account with ZCoach in order to use the Software and access the Service. For creation of ZCoach Account you will be required to complete the registration form and provide the information requested.
2.2. For access to the Software you may sign in using your Google Account or Token Exchange Account (if any). You hereby acknowledge that the Service is in no way sponsored, endorsed or administered by Google Inc. or any token exchange. Depending on the Service you use you may create either General Trading Account or Virtual Trading Account.
2.3. Number of ZCoach accounts. You can have as many Accounts as you want.
2.4. We are entitled to assume that any use of your Account is made by you. You are entirely responsible for maintaining the confidentiality of the Account username, password and access to your e-mail. You are solely responsible and liable for any use of the Software under your Account or any other use of your username and password.
DO NOT SHARE YOUR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY IMPROPER USE OF YOUR PASSWORD OR ACCOUNT BY YOU OR ANY OTHER PERSON. IF YOU HAVE REASONS TO ASSUME THAT ANY OTHER PERSON KNOWS YOUR PASSWORD, OR THAT YOUR ACCOUNT HAS BEEN USED BY ANY OTHER PERSON, YOU MUST INFORM US IMMEDIATELY.
2.5. If you lose access to your Account, ZCoach may ask you to provide certain types of data, including personally identifiable information, to determine ownership of the Account. This may include, but is not limited to: proof of identity, proof of residence, confirmation of telephone number/email ownership.
2.6. Account suspension. ZCoach will suspend you Account in either of the following: (i) if you notify ZCoach of suspension of your Account by yourself for any reason or no reason by issuing an in-application message or by sending an email to firstname.lastname@example.org with the subject entitled "Suspension", (ii) if you do not log in your Account for 12 months. You might be, if possible, notified in advance. If we are unable to contact you, or you do not take any action to prevent account suspension, any bonuses accrued will be lost. Upon suspension of your account for any reason, you agree to no longer access (or attempt to access) Services.
2.7. Reactivation. If you voluntarily suspend an Account, you may reactivate that Account at any time. Accounts suspended by ZCoach as specified in this Agreement cannot be reactivated for any reason.
2.8. WE MAY, IN OUR SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AND PROHIBIT ACCESS TO THE SOFTWARE, OR DELAY OR REMOVE USER CONTENT OF USERS FROM ANY COUNTRY, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.
3. SERVICE RESTRICTIONS
From time to time ZCoach may suspend granting license to the Software or restrict the use of the Software feature by the Users residing in specific country due to domestic laws or regulations adopted by this country. Please note that in some cases You may be asked to provide your residency or other documents and/or information under Know Your Client procedure.
4. THIRD PARTIES
4.1. ZCoach may include hyperlinks and information to web sites operated by third parties (for ex. any platform or network where the User holds or is the beneficial owner of crypto assets; advertisers and other content providers). Those sites may collect data or solicit personal information from you.
4.2. We may restrict an access or change access requirements to any third party web sites and platforms through the Software and under no obligation to notify the User about such restrictions.
5.1. All right, title, and interest in and to the Software (excluding user content) shall remain the exclusive property of ZCoach and its licensors including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialogs, settings, artwork, sounds effects, musical works. Nothing in this Agreement gives you a right to use the ZCoach Marks, domain names, and other distinctive brand features except the right to use them in accordance with this Agreement.
Any feedback, comments, or suggestions you may provide regarding the Software is entirely voluntary and we will be free to use such feedback, comments or suggestions as we decide fit and without any obligation to you.
5.2. User License: You retain your rights to any content you submit to or through the Software. By posting any content (if applicable) you expressly grant, and you represent and warrant that you have all rights necessary to grant to ZCoach a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such content and your name, voice (if applicable), and/or likeness as contained in your content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Software and ZCoach business, including, without limitation, for promoting and redistributing the Software or its part (and derivative works thereof) in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and noncommercial purposes alike. You also hereby grant each User of the Software a non-exclusive license to access your content through the Software, and to use, reproduce, distribute, display and perform such Content as permitted through the Software features and under this Agreement.
The Software may include a bonus system featuring bonuses ("Bonus"). The User cannot purchase or otherwise obtain the Bonus except as for committing certain actions as may be determined and amended by ZCoach from time to time. The list of actions may include, without limitation: (i) using the App or the Site with the logged in Account every day, (ii) generating new users, (iii) win the leaderboards. You may use the accrued bonuses for access Software features, virtual products, assets and services offered by ZCoach or its partners as it may be determined by ZCoach. ZCoach reserves the right to stop implementing bonus system at any time at its sole discretion.
7. Subscription: ZCoach subscription will renew automatically at the end of the calendar month for successive renewal term, each equal to the calendar month, unless you decide to cancel or not to renew your subscription, as outlined below in our Cancellation/Termination clause. As described in the initial subscription information provided, the then-applicable subscription renewal fee will be billed to the credit card you designated during the initial subscription process (or that you subsequently changed). As a convenience to its users, ZCoach subscribes to a third party service from Google wherein if your credit card details change your card provider may provide ZCoach with that updated card information. We may use this new information for your future subscription payments. For more details how to add the payment method through Google Play please read https://support.google.com/pay/answer/7625139?hl=ru&ref_topic=7625285&co=GENIE.Platform%3DAndroid&oco
8. Cancellation/Termination: You may remove the benefit of automatic renewal by changing the settings in Play Market. Please read https://support.google.com/googleplay/answer/7018481?co=GENIE.Platform%3DAndroid&hl=ru
for more details. Your cancellation will take effect once you receive a confirmation email from us. It is your responsibility to read and understand the terms of the refund policy. If you have questions, please email directly at email@example.com
9. ZCoach refund policy: In the absence of specific refund terms for a Service as discussed in the Cancellation/Termination section above, Monthly subscribers may cancel their subscription at any time, all payments are non-refundable. All cancellations and refund requests must be made by changing Play Market's Settings or in some cases contacting the Our support service as noted above.
10.1. Individual Users
If you are an individual using the Software on your own behalf, you represent and warrant that: you are at least 18 years of age or of legal age under applicable laws to enter into a binding contract and you have not previously been suspended or prohibited from using the Software. Only people ages 18 or older may create an Account and use the Software. If you're at least 14 years old, but not yet legally considered an "adult" in the country you live in, you must ask one of your parents (or other legal guardians) to read this Agreement and accept it on your behalf. You may not create or use an account for a commercial purpose.
10.2. Corporate Users
If you represent a user which is a legal entity (a "Corporate User"), then by accepting this Agreement you consent to this Agreement on behalf of such Corporate User. In this Agreement "you" and "yourself" include both you and such Corporate User.
On behalf of yourself and/or the Corporate User, as applicable, you represent and warrant that: you as an individual are an authorized representative of the Corporate User with the authority to bind the Corporate User to this Agreement, neither you as an individual nor the Corporate User has previously been suspended or prohibited from using the Services.
THE SOFTWARE IS PROVIDED TO YOU ON "AS IS" AND "AS AVAILABLE" BASIS and we are liable only to provide our services with reasonable skill and care.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE ZCOACH REMAINS WITH YOU. NEITHER ZCOACH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OR VENDORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE OR SERVICE. YOU ASSUME ALL RESPONSIBILITY FOR USE OF SOFTWARE AND SELECTING THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR RESULTS OBTAINED FROM THE SERVICES.
WE RESERVE THE RIGHT TO SUSPEND OR DISCONTINUE SERVICES OR ANY PART OF THEM AT ANY TIME, INCLUDING ANY FEATURES AND OTHER SERVICE CONTENT AND REVOKE ANY AND ALL LICENSES TO YOU UNDER THIS AGREEMENT. IF THAT HAPPENS, WE MAY NOT BE REQUIRED TO REFUND, BENEFIT OR OTHERWISE GRANT ANY COMPENSATION TO YOU AND YOU WILL HAVE NO FURTHER RIGHT TO ACCESS YOUR ACCOUNT OR USE THE SOFTWARE.
12. LIMITATION OF LIABILITY
12.1. We give no other warranty in connection with the Software or the Service and we disclaim any liability for any special, incidental or consequential damages resulting from possession, use or malfunction of the Software (even though that party was aware of the circumstances in which such damages could arise), including, but not limited to, loss of goodwill, loss of anticipated savings, loss of business opportunity and management time.
12.2. ZCoach shall not be liable for any of the following:
(a) incompatibility of the App, the Site and the User's device, your gadget's failure or malfunction (including, but not limited to, any amount or kind of loss or damage due to any malicious software that may infect a user's software, data or other property caused by any other person accessing, using or downloading the Software, the Service or any User Content);
(b) any changes in the laws or regulations, or the acts of any legislator or regulator in any part of the world;
(c) any hacking attach to the Software databases and any kind of data stolen;
(d) damages for personal injuries (to the extent permitted by law) whether arising in tort (including negligence) contract, liability, or otherwise, whether or not ZCoach has been advised of the possibility of such damages;
(e) infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or the Service;
12.3. ZCoach shall not be liable for any delay or failure to perform this Agreement resulting from reasons beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
12.4. The limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. These terms give you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
13. WAIVER, SEVERABILITY & ENTIRE AGREEMENT
13.1. Waiver: The failure of ZCoach to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
13.2. Severability. If any sentence or any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, such sentence or provision will be interpreted to the maximum extent to which it is valid and enforceable, all as determined by such court in such action, and the remaining sentences and provisions of this Agreement will, nevertheless, continue in full force and effect without being impaired or invalidated in any way.
You agree to indemnify, defend, and hold ZCoach , its partners, licensors, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions in using the Software pursuant to the terms of the Agreement.
15. GOVERNING LAW
15.1. You agree that this Agreement shall be governed by the laws of Cyprus and that any dispute arising from or in connection with this Agreement, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of Cyprus, without regard to conflict of law provisions or principals. If the laws of Cyprus provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail.
15.2. User Disputes. You shall be solely responsible for resolving any and all disputes that may arise between you and other Users in connection with the use of Software, and for paying any and all expenses incurred by you in connection with resolving such dispute. ZCoach shall not be responsible for mediating or resolving any such disputes and shall have no liability to you or to any third party for any costs, fees, expenses, damages or other losses incurred in connection with or as a result of any such disputes.
16.1. The terms of this Agreement are effective until terminated by you or by the ZCoach.
16.2. This Agreement shall be deemed automatically terminated upon any of the following: (i) if ZCoach ceases operating the Software servers, (ii) if ZCoach determines or believes your use of the Software involves or may involve fraud or money laundering or any other illicit activity, or (iii) upon your failure to comply with terms and conditions of this Agreement.
16.3. You may terminate this Agreement at any time by (i) requesting ZCoach to terminate and delete your User Account or (ii) destroying and/or deleting installed Software.
16.4. If this Agreement is terminated due to your violation of this Agreement, ZCoach may prohibit you from re-registering or re-accessing the Software.
All questions, comments or complaints should be directed to us via Customer Support and we will try to respond to within 48 hours. All notices regarding this Agreement shall be written in English.
17.2. Technical Support. We may provide User with technical support. Please note, that we do not provide technical support on issues related to third party services. You may contact us through firstname.lastname@example.org
17.3.1. ZCoach shall have the right to assign and/or delegate in its sole discretion its rights and obligations under this Agreement in whole or in part to a third party at any time without notice to Users or User's approval.
17.3.2. Each User's rights or obligations are personal to such User and may not be assigned without prior written consent of the ZCoach. If the User transfers a device with the downloaded or installed App, the User shall provide the acquiring person with this Agreement. The person who acquired such a device may use the App only if this person accepts this Agreement.
17.4. The applicable language. The English version of the Agreement shall prevail if it is translated into any other language.
I hereby acknowledge that I have read and understand the foregoing End User License Agreement and agree that by clicking "I ACCEPT" or installing the Software, I am acknowledging my agreement to be bound by the terms and conditions of this Agreement.