Updated December 16th, 2022
Zenark Limited (“Zenark” or “we”) welcome you (“the User” or “you”) to our Zenark News API (“API”). The API provides with access to our searchable index of news gathered from thousands of third-party websites (“Sources”).
1. SERVICE REGISTRATION
You must be 18 years or older and able to form a binding contract with Zenark in order to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.
In order to use our Services, User must create a Zenark account. You undertake that all information provided on registration is accurate. We may require additional information to allow for payment processing.
You agree to keep your password confidential and will be responsible for all use of your account. We reserve the right to remove or change a username you select if we determine that such username is inappropriate, infringes on trademarks or is otherwise objectionable.
Access to the API and Services are secured by use of an API Key. You are responsible for the correct use and security of the API Key.
You must implement reasonable and appropriate measures to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Zenark and provide details of the vulnerability or breach.
Zenark may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.
If for any reason Zenark believes that User account or an associated API key is compromised, we reserve the right to suspend the account and its associated API keys without notice.
Except as expressly authorized under this agreement, you may not:
- license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Service
- create multiple accounts
- disable, interfere with, or override the Services in a manner that bypasses or attempts to bypass this agreement, the registration process, security features or restrictions or limits placed on your account
- modify, adapt, translate or create derivative works based upon the Service
- directly or indirectly place unreasonable load on our the Services or infrastructure
- cause or permit any third-party to do any of the foregoing
3. THIRD-PARTY CONTENT
Data provided by the API includes third-party content. Zenark does not own or represent that it owns intellectual property rights in the third-party content. User must ensure they are licensed or permitted by law to use third-party content.
Zenark is not responsible for the availability of specific content and may remove content or sources without notice. Zenark will take commercially reasonable steps to exclude content from any third-party website that has implemented technology measures that inhibit normal operation of our service or have formally requested that their content be excluded from the Zenark service.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements. Zenark will have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into its products and services any feedback. Zenark shall have no obligation to use feedback, and user shall have no obligation to provide feedback.
You may cancel your monthly subscription at any time and you will not be charged for the following month(s). Zenark will not issue a refund for the current month.
Your payment plan will remain in effect until it is cancelled or terminated. If Zenark has not received payment in accordance with the payment terms, Zenark may suspend all or part of the Services until such time that any amounts owing are paid.
If you are paying by credit card, you hereby authorize Zenark (or a billing agent acting on our behalf) to charge your credit card for all fees payable during the subscription term. We will automatically charge you at the end of each subscription period for the next subscription period.
We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted.
6. DEVELOPER TIER
Zenark provide a “developer tier” free subscription that is limited to non-commercial use. The developer tier plan has restricted features, usage limits and limited support. Use of developer subscriptions in production or commercial deployments is not permitted.
You may not create more than one account to benefit from credits provided in the free tier of the Services. If we believe you are not using the developer tier in good faith, we will stop providing you access to the Services.
Notwithstanding other clauses in these terms, Zenark reserve the right at any time to modify or discontinue the developer tier Services (or any part or content thereof) without notice.
Developer tier subscriptions may be removed after 30 days of inactivity.
7. CONFIDENTIALITY, PRIVACY AND COPYRIGHT
7.1 CONFIDENTIAL INFORMATION
Confidential Information means non-public information that Zenark or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other non-public business information. You may use confidential information only as needed to use the Services as permitted under these Terms. You may not disclose confidential information to any third party, and you will protect confidential information in the same manner that you protect your own confidential information of a similar nature.
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes, on our website and in other public or private communications with our existing or potential users and customers.
8. MODIFICATIONS TO TERMS
We may update these terms and service-specific additional terms to better reflect changes to the law, new regulatory requirements, or improvements or enhancements made to our Services. We will post these changes to the terms on our website.
Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted, except for changes addressing new Service functions or in urgent situations, such as preventing ongoing abuse or responding to legal requirements which will be effective immediately.
If you do not agree to the new terms, you must stop using the services. You can also end your relationship with us at any time by closing your account.
It is your responsibility to check our website periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
9. TERMINATION OF SERVICE
These Terms take effect when you first use the Services and remain in effect until terminated.
User may elect to terminate his account and subscription to the Services at the end of its then current subscription period by contacting Zenark support by email. The subscription will not be renewed. There is no refund for any pre-paid service.
We may terminate the Services immediately upon notice to you if you materially breach these terms.
Any provision of this Agreement which reasonably ought to survive termination of this Agreement, shall so survive.
Upon termination, you must stop using the Services. If instructed by Zenark, you will destroy any Confidential Information including data extracted from the Services.
Zenark may terminate this Agreement immediately. In this specific case, Zenark will provide Customer with a pro-rata refund of any pre-payment.
We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Zenark’s control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we discontinue the Services in this way before the end of any fixed or minimum
term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
You will indemnify and hold harmless Zenark (and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and legal fees) arising out of a third party claim regarding or in connection with your or your end users' use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
12. LIMITATIONS OF LIABILITY
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland.
The parties irrevocably agree and accept that the courts of Ireland will have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, its subject matter or formation (including non-contractual claims), and the parties both consent to personal jurisdiction and venue in those courts.
Updated Zenark Limited 2022-12-17