Terms of service

This TERMS OF SERVICE Agreement (the “Agreement”) describes rights and responsibilities when using Zeeg.me, an online meeting scheduling service (the “Service” or “Zeeg”). This Agreement is a binding contract that the Customer enters into with Zeeg. (“Company”, “we”, “us” “our”) as of the date you click the “I accept”, "Sing up", or any similar button when you sign up to use the Service. If you are entering this Agreement to use the Service with your organization’s messaging and collaboration systems, then “Customer” means the organization you represent, and you should submit the organization name during the registration process. Please make sure you have the necessary authority to enter into the Agreement on behalf of such Customer before proceeding. If you did not submit an organization name on the registration page, then “Customer” means you, as an individual. You understand that by entering into this Agreement, you agree to provide us with access to information owned by the entity you are entering into this Agreement on behalf of.

1. The Service

Access

Provided that the Customer complies with the terms and conditions of this Agreement, we will provide the Service to the Customer. To access the Service by organizational Customers, the employees and contractors (“Users”) will set up login credentials. If the Customer is an individual, then such setup will only include yourself and one (1) set of login credentials. For purposes of this Agreement, “User” refers to either a Customer employee or contractor (for Customers that are organizational entities) or to yourself as an individual, depending on how you registered for the Service. Customer will make sure that each User agrees to provide all information reasonably requested by us to confirm each User’s identity prior to such User logging into the Service. Customer’s right to use and access the Service is limited to the number of Users permitted when Customer signed up to use the Service. If there are other restrictions or capacity limitations within this Agreement or noted within the Service, the Customer agrees to only use and access the Service in compliance with those restrictions and capacity limitations. Customer is responsible for: (a) ensuring that Users are aware of and bound by obligations and restrictions consistent with this Agreement; (b) ensuring the security and confidentiality of all User login credentials for the Service; (c) preventing unauthorized access to, or use of, the Service through its User’s accounts; (d) all activities of Users that occur under User’s accounts; and (e) notifying us promptly of any unauthorized use of the Service or any breach, or attempted breach, of security of the Service. Notwithstanding anything to the contrary in this Agreement, the Service including all storage of Customer Data (as defined below) by or on behalf of us, will be provided solely from within and on computers, systems, networks, and other infrastructure located in Germany and Customer is solely responsible for obtaining any necessary consents from Users if necessary for the transfer of the Customer Data into or out of Germany in order for such User to use and access the Service. Any Users using the Service outside of Germany do so entirely at the Customer’s own risk. The customer acknowledges and agrees that the Service is a software-as-a-service offering, and there are no circumstances under which Customer is entitled to receive a copy of the software underlying the Service (the “Software”).

Customer Systems

Customer is responsible for purchasing, installing, and maintaining any equipment or other services, such as internet service and a base calendaring service (e.g., Google Suite, Microsoft Exchange or Office365), necessary for, or useful in, accessing and using the Service (“Customer Systems”). Customer is fully responsible for maintaining the security of its Customer Systems and for all uses of its Customer Systems. We are not responsible for any outages, losses of service, data losses, or other failures of the Service caused by the Customer Systems.

Restrictions

Customer will not, and will not permit others (including Users) to (a) modify, translate, adapt or create derivative works based on the Service or the Software, (b) reverse engineer or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service or the Software (except as expressly authorized under applicable statutory law), (c) rent, lease, or sublease the Service, (d) use the Service in any service bureau, timesharing or any other similar situation (e) allow more than the number of Users described above to use and access the Service, (f) remove, alter, or obscure any proprietary rights notices or branding contained within the Service, (g) create Internet “links” to or from the Service, or “frame” or “mirror” any content forming part of the Service, (h) use the Service in violation of any applicable local, state, or federal law or regulation; (i) use the Service in a manner that infringes or may infringe upon any copyrights, trademarks, patents, trade secrets, or other types of intellectual property of third parties; (j) transmit offensive or threatening materials, including materials that are obscene, pornographic, defamatory, libelous, abusive, hateful, excessively violent, or otherwise inappropriate through the Service; (k) transmit fraudulent, deceptive, or misleading materials or to advance any type of financial scam through the Service; (l) transmit any materials that harass another person or entity through the Service; (m) use the Service to transmit viruses, Trojan horses, or other materials harmful to any network or equipment or other Users or third parties; or (o) use the Service in a manner that exposes or may expose Company, its customers, partners, or vendors, or any other person or entity using the Service to abuse, complaints, retaliation, connectivity issues, or other negative impact. Customer agrees that we have no obligation to monitor Customer’s use of the Service, but we may do so to ensure Customer’s compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country. We reserve the right to suspend immediately, terminate, or otherwise deny Customer or any User’s access to or use of all or any part of the Services, without liability, if: (x) we receive a judicial or other governmental demand or order, subpoena or law enforcement request that requires us to do so; or (y) we believes that: (i) Customer or any User has failed to comply with this Section or any material term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement; or (ii) this Agreement expires or is terminated. Our Service is not intended for and may not be used by individuals under 13 years of age. By registering for a Zeeg account, you promise that you are at least 13 years of age.

Unauthorized Activities

Please understand that the use of these Services is strictly authorized only for Permitted Purposes. Any usage of these Services for purposes other than those explicitly permitted is strictly prohibited and constitutes unauthorized use. Unauthorized use may lead to violations of various copyright laws in Germany, Europe, and internationally. Consequences may include the deletion of your Zeeg account or a suspension from using the Services. Without written permission from us indicating otherwise, you are not permitted to employ these Services in any of the following manners. (Please note that these are only examples, and the list below is not exhaustive, detailing actions that are not allowed):
You may not use the Services for:

• Developing a competing product, reselling, or brokering the Services to third parties.
• Altering, publicly displaying, publicly performing, reproducing, or distributing any of the Services.
• Engaging in activities that contravene any relevant laws or the Terms outlined in this Agreement, including but not limited to any actions that are illegal in the jurisdiction where the User, Invitee, and/or Authorized User is situated.
• Stalking, harassing, spamming, or causing harm to individuals, organizations, or businesses.
• Disclosing information without proper authorization.
• Impersonating any person or entity, providing false Personal Data, or misrepresenting your affiliation with a person or entity.
• Disrupting or interfering with the Services, servers, or networks connected to the Services.
• Utilizing data mining, robots, or similar data collection methods in connection with the Services.
• Spreading viruses, worms, or other harmful code.
• Attempting to gain unauthorized access to any part of the Services or any other accounts, computer systems, or networks linked to the Services, whether through hacking, password mining, or any other means.
• Submitting or storing Payment Card Industry data (e.g., credit card numbers) without using an authorized Zeeg payment integration.
• Revealing any information specified in relevant privacy regulations, including medical or health insurance data, educational information, employment details, credit or debit card information, driver’s license, or other government identification numbers.
• Disclosing or collecting information classified as protected characteristics under relevant law, such as Age (if 40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, and genetic information (including familial genetic information).
  
• Disclosing or collecting information defined by relevant laws as biometric data or information that falls within the definition of “special categories of data” under EU Data Protection Laws or “protected health information” under relevant laws or regulations. “Special categories of data” include, for instance, details about an individual’s race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life, sexual orientation, or criminal records.
  

Fair Use Policy

Zeeg’s Fair Use Policy complements the existing usage guidelines and plays a crucial role in ensuring that our services are accessible fairly to all customers. Some Zeeg features, such as notifications, are sent collectively from a limited number of email addresses or phone numbers, indicating that these features are simultaneously utilized by multiple customers. If a single customer places an excessive demand on the services, it may negatively impact the overall Zeeg experience for other users. It’s important to note that the majority of our customers use our services thoughtfully, and their usage patterns do not detrimentally affect the service’s capacity. However, even a small number of customers who misuse the service can significantly disrupt the experience for others.
We continuously monitor customers’ use of specific features, such as SMS notifications. In cases where a customer generates an exceptionally high load in a short period of time, Zeeg reserves the right to limit usage, suspend access, or impose fees for excessive usage. This action is taken to safeguard Zeeg’s platform and ensure that the service remains accessible to all customers. It’s worth emphasizing that this policy will only affect customers who consistently create an unusually high load over an extended period.

2. Data

Customer Data

Customer may share, synchronize, upload, and store information and data connected with its use of the Service (“Customer Data”). Such Customer Data may include messages sent by or to Users or information regarding the User’s activities as employees of Customer (e.g., appointments with vendors or prospective customers, or correspondence with a co-worker and associated emails or contact information), or data related to the User as an individual (e.g., doctor appointments, or correspondence or appointments with friends and family). We will not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Users and any processing related to such use or otherwise necessary for providing the Service. Customer grants Company a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to use, copy, store and display Customer Data for and in conjunction with providing the Service. Customer represents and warrants that it owns or has the necessary permissions, rights, and consents to use and authorize the use of Customer Data, (a) by Customer to receive the Service, and (b) by us to operate and provide the Service. Customer acknowledges and agrees that (except as expressly stated in this Agreement) we are not responsible for Customer Data, that Customer is solely responsible for maintaining adequate back-ups of Customer Data, and that Customer assumes all risk associated with Customer Data and the transmission of Customer Data. Customer also acknowledges and agrees that Customer is completely responsible for the accuracy, quality, integrity, legality, and reliability of the Customer Data. Customer understands and agrees and will make sure that Users understand and agree that specific Customer Data may be shared with third parties by Users (e.g., a shared calendar invite or emails) and that while Customer or Users may delete certain Customer Data on their own systems, such Customer Data will not be deleted for persons with whom the Customer Data was shared. The permissions granted by you in this Section includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service, and the rights granted to us are extended to these third parties to the degree necessary for the Service to be provided. Last, the Customer is the only party that may provide us with instructions on what to do with Customer Data.

Service Data

As part of providing the Service, we collect certain usage information that results from the Customer’s use of the Service, and we also may derive certain information from the use of the Customer Data (“Service Data”). Service Data does not include any personal, identifying information of the Customer or its Users. Notwithstanding anything else to the contrary, we will retain all right, title, and interest in and to the Service Data.

Proprietary Rights

Customer’s Ownership

As between the parties, the Customer owns all right, title, and interest in and to the Customer Data.

Service Ownership

We own all right, title, and interest in and to the Service and the Software and all updates, upgrades, fixes thereto and derivative works thereof and all intellectual property rights therein. We also owns all right, title, and interest in and to our Confidential Information and any results, materials, code or anything produced by us as part of the Support Services. Customer acknowledges and agrees that (a) the Service and the Software are protected by Germany and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) we retain all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Service and the Software and any and all related or underlying technology, and any derivative works or modifications of any of the foregoing, (c) there are no implied licenses under this Agreement and any rights not expressly set forth in this Agreement are hereby expressly reserved by us, and (d) the Service is licensed and not sold.

4. Term and Termination

Term

Unless earlier terminated by either party pursuant to this Agreement, this Agreement is for the initial term of one (1) year (“Initial Term”). On the anniversary of the start date of the Initial Term, this Agreement will automatically renew for additional, successive periods of one (1) month (each a “Renewal Term”), unless either party provides written notice of non-renewal at least ten (10) days prior to the end of the then-current term. The Initial Term together with any Renewal Terms will be the “Term”.

Payment Terms

Customer will pay to Zeeg through Paddle, our Payment Processor, without offset or deduction, all fees due under this Agreement for the paid subscription.

Termination

Either party may immediately terminate this Agreement if the other party materially breaches this Agreement and does not cure such breach within thirty (30) days’ (ten (10) days in the event of non-payment) of receipt of written notice of such breach. We may terminate this Agreement at any time and for any reason upon thirty (30) days prior, written notice (which may be sent by email) to Customer.

Effect of Termination

Upon any termination of this Agreement, Customer will cease all use of the Service. If requested, we will delete your Zeeg account and this means we will stop displaying your Customer Data (other than Customer Data that has been transmitted to other users and/or made public), but you understand and agree that it may not be possible to completely delete that content from our records, and that your Customer Data may remain viewable elsewhere to the extent that it was copied or stored by other users. In addition, Customer Data that is sent to other users (such as emails or calendar notes) may be retained by the recipient users.

Inactive free accounts

For system's stabiliy and security of scheduled events data in case of a data breach, accounts on the free Starter plan that haven't got any scheduled events in the past 3 months of the check and have not registered any login activities during that time, will be suspended and then deleted after 1 month.

Exceptions

The rights and obligations set forth in Sections 2, 3, 5, 6, 7 and 9 – 11 will survive any termination of this Agreement.

5. Confidentiality

Definition

Each party (the “Disclosing Party”) may disclose certain Confidential Information to the other party (the “Recipient”) in the course of carrying out its obligations under this Agreement. For the purposes of this Agreement, “Confidential Information” will mean any non-public business information of the Disclosing Party, whether or not owned or developed by the Disclosing Party, which the Recipient may obtain knowledge of through carrying out its obligations hereunder or communications with the Disclosing Party’s employees or independent contractors that a reasonable person would consider to be confidential given the nature of the information disclosed or the circumstances of disclosure. Customer’s Confidential Information will include the Customer Data, however, Customer understands and agrees that Customer Data that is shared or provided to a third party through use of the Service will remain stored on our servers and may be accessed by such third parties after termination of this Agreement. Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our Service.

Exceptions

The Disclosing Party agrees that the foregoing obligations will not apply with respect to any information that the Recipient can document (i)is or becomes generally available to the public through no fault of the Recipient, or (ii)was rightfully in its possession or known by it prior to receipt from the Discloser, or (iii)was disclosed to it without restriction by a third party, or (iv)was independently developed without use of or reference to any Confidential Information of the Disclosing Party (except for patentable subject matter, which will not be subject to this exception).

Obligations

The Recipient agrees to (a) hold the Disclosing Party’s Confidential Information in strict confidence and not disclose such Confidential Information to any third party without the prior written consent of a duly authorized representative of the Disclosing Party, and (b) use such Confidential Information for any purpose other than to carry out its obligations under this Agreement. Recipient also agrees that Confidential Information will be disseminated only to those employees, officers, directors, consultants, and contractors with a clear and well-defined “need to know” purpose who are informed of and bound by the obligations of this Agreement or another agreement with terms just as protective of the Disclosing Party as the terms of this Agreement.

6. Customer Feedback

From time to time, Customer may provide us with suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the Service (“Feedback”). Customer understands and agrees that Feedback is not considered Customer’s Confidential Information and our receipt of Feedback will not impose any confidentiality obligations on us. Customer agrees that we are free to use, disclose, reproduce, license or otherwise distribute and exploit any Feedback as we see fit, entirely without obligation or restriction of any kind.

7. Data Security

The security of Customer Data is important to us. As such, we agree to maintain appropriate security measures to safeguard the security of Customer Data. We also agree to maintain an information security and risk management program to preserve the confidentiality, integrity and accessibility of Customer Data with administrative, technical and physical measures conforming to generally recognized industry standards applicable in Germany.

8. Warranty and Warranty Disclaimer

THE SERVICE AND THE SOFTWARE IS PROVIDED “AS IS;” AND COMPANY MAKES NO WARRANTIES FOR THE SOFTWARE OR SERVICE, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE, SOFTWARE OR DOCUMENTATION WILL MEET CUSTOMER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR THAT THE SERVICE IS NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE.

9. Indemnification

You are solely responsible for any breach of these Terms on your part. By agreeing to these terms, you agree to indemnify and protect Zeeg, its parent companies, subsidiaries, affiliates, officers, agents, employees, resellers, other partners, and licensors from any claims, demands, losses, or damages, including reasonable attorneys’ fees (referred to as “Losses”). These Losses may arise from third-party claims, lawsuits, actions, or proceedings (referred to as “Third-Party Claims”) asserting that the Customer Data or its use in accordance with this Agreement infringes upon or misappropriates the intellectual property rights of a third party or violates any applicable laws or regulations. This indemnification also extends to Third-Party Claims based on your or any Authorized Users’ (i) negligence or willful misconduct; (ii) unauthorized use of the Services as per this Agreement; (iii) use of the Services in conjunction with data, software, hardware, equipment, or technology not provided by Zeeg or authorized by Zeeg in writing; or (iv) modifications to the Services not made by Zeeg. It’s important to note that you may not settle any Third-Party Claim against Zeeg without Zeeg’s consent. Additionally, Zeeg retains the right to defend itself against any such Third-Party Claim or participate in the defense through its own chosen legal counsel.

10. Limitation of Liability

ZEEG WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR YOUR ACTIONS INVOLVING THE DISPLAY, COPYING, OR DOWNLOADING OF DOCUMENTATION FROM THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL ZEEG BE LIABLE UNDER THIS AGREEMENT, REGARDLESS OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERS, FOR ANY OF THE FOLLOWING: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) ADDITIONAL COSTS, DIMINISHED VALUE, LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COSTS ASSOCIATED WITH REPLACEMENT GOODS OR SERVICES. These limitations apply irrespective of whether Zeeg was informed about the possibility of such losses or damages, or whether they were otherwise foreseeable.
UNDER NO CIRCUMSTANCES SHALL ZEEG’S TOTAL LIABILITY OR ZEEG’S INDEMNIFICATION OBLIGATIONS ARISING FROM OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERS, EXCEED THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU TO ZEEG IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE ACTION GIVING RISE TO LIABILITY, OR (II) €100.00.
THIS LIMITATION OF LIABILITY IS AN INTEGRAL PART OF THE AGREEMENT BETWEEN YOU AND ZEEG AND APPLIES TO ALL LIABILITY CLAIMS, EVEN IF ZEEG WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES FAIL TO ACHIEVE THEIR INTENDED PURPOSE.

11. General Terms

A delay by either party in the performance of its obligations under the Agreement will not be deemed a default of the Agreement to the extent that the delay is attributable to a Force Majeure Event and could not have been prevented by the non-performing party taking reasonable precautions. For the purposes of this Agreement, “Force Majeure Event” means an act of war or terrorism, a riot, civil disorder, or rebellion, a fire, flood, earthquake, or similar act of God or a strike, lockout, or similar labor dispute, or electrical, internet or telecommunications outage that is beyond the reasonable control of the affected party. This Agreement will be governed by and construed under the laws of the State of California without giving effect to any choice or conflict of law principle (whether of the State of California or any other jurisdiction). Any legal claim, suit, action, or proceeding arising out of this Agreement (including its breach) will be instituted exclusively in the courts of Germany. Each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection based on improper venue or forum non-conveniens. The failure of either party to enforce any right or provision in the Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be illegal, unenforceable, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable, but will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Except where otherwise stated in this Agreement, notices to be given or submitted by either party to other pursuant to this Agreement will be in writing and will be deemed to have been given (i) when delivered by hand (with written confirmation of receipt), or (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested) or by certified or registered mail, return receipt requested, postage prepaid. Customer agrees that we may use the name or logo of Customer to reference Customer as a customer of ours either on our promotional materials or website and grants us a license to do the same. This Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which will constitute the same instrument. We reserve the right to alter the terms of this Agreement at any time. If the alterations constitute a material change to the Agreement, we will notify the Customer via email or by notifying the Customer through the Service. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment but will only include those changes that materially affect Customer’s use of the Services or Customer’s rights under this Agreement. Notice will be considered to have been delivered once sent. Any use of the Services after an alteration of the Agreement will constitute acceptance by Customer of such changes. If Customer disagrees with the altered agreement, Customer must immediately cease using and accessing the Service and contact us. No joint venture, partnership, employment, or agency relationship exists between the Customer and us due to the Agreement or use of the Service. Customer may not transfer or assign this Agreement without our prior written consent of; any attempt to do so will be null and void. We may share or assign this Agreement or any of its rights or obligations hereunder at any time, in its sole discretion. The headings and section titles in this Agreement are for convenience only and will not be considered a part of or be deemed to affect the construction or interpretation of this Agreement’s provision.