Terms and Conditions
Zencaptcha

1 General

We, Restoflix Sàrl.-s (hereinafter referred to as Zencaptcha and We), offer our products and services on the website zencaptcha.com.

By using our website or applications or by promoting our offers on the internet through our affiliate program, you agree to the following terms and conditions.
By checking a checkbox during registration with Zencaptcha, you confirm that you have read and accepted the terms and conditions. Accordingly, any use of the Zencaptcha services is subject to these terms and conditions, and Zencaptcha grants you (the contracting party) a non-exclusive, revocable, and non-transferable license that does not entitle you to sublicense.

2 Access and Registration

2.1 Our website is publicly accessible and can be visited by anyone using any computer and device with browsing capabilities. It is necessary to create an account through email registration. You also ensure that you have internet access to be able to access the application.
2.2 You acknowledge that we can change these terms of use at any time, and therefore you should regularly check them. In the event of a change in the terms of use, we will notify you in a timely manner via email.
2.3 You acknowledge that it is your sole responsibility to ensure access to our website.
2.4 You must take the necessary measures to ensure the security of access and identification of your account. You acknowledge that we cannot be held liable in the event of fraudulent use of the application due to a security problem caused by you. In such a case, you must inform us immediately to resolve the issue.
2.5 In accordance with our privacy policy, we make every effort to protect your personal data to the best of our ability. However, it is also your responsibility to ensure that your user account is not used by unauthorized third parties. If you want to use our services, you should keep your email address and password in a secure place so that unauthorized individuals do not have access to them. Choose a password that is secure and not easily guessable. Do not grant (unauthorized) third parties access to your user account or use it on behalf of other individuals.

3 Obligations of the Client

3.1 You undertake not to modify, decompile, disassemble, determine the source code, merge or combine the application with other software, copy, reproduce, recode, adapt, or modify the application. This applies to all our products, services, and applications, including the website and the applications for which you have acquired a license.
3.2 You acknowledge that the granted license does not establish ownership rights to the application solution or the source code and its elements, which are our exclusive property and will remain so.
3.3 You will use our products and services only in accordance with contractual and legal provisions and will not violate the rights of third parties. When using our application, you will particularly observe the regulations regarding data protection, fair competition law, and copyright, and you will not send damaged data, illegal data, corrupt data, or viruses to our application or misuse our application in any other way.
3.4 You are prohibited from taking disproportionate actions that lead to an excessive load on our servers. Please note that conducting disproportionately large tests that cause excessive server load without prior consultation with us is not allowed.
3.5 As a user, you are prohibited from entering or uploading pornographic material, hate content, ethically objectionable content, glorification of violence, discrimination, harassment, defamatory statements, illegal activities, or violations of intellectual property or similar into the application.
3.6 We reserve the right to temporarily block your use of the service and access to your account if we have reason to believe that you have violated the contractual provisions (these terms of use). In such a case, we will contact you immediately to resolve the issue.

4 Installation

You are responsible for the installation of our application. Customizations based on customer requests will not be made unless expressly agreed otherwise.

5 Prices and Payment

The prices at the time of ordering shall apply. All prices are stated in EUR (€) and include the applicable value-added tax. Please note that Digistore24 is our contractual partner for the payment of our products and services. To book the desired product, click on the corresponding button, which will redirect you to Digistore24. The General Terms and Conditions of Digistore24, which can be viewed at https://www.digistore24.com/page/terms, shall apply to the conclusion of the contract. We reserve the right to have the contract fulfilled in whole or in part by third parties. Unless expressly agreed otherwise, the performance will be provided by us immediately after the conclusion of the contract in cooperation with our partner Digistore24.

6 Services and Liability

6.1 We will use our best efforts to ensure access to the application 24 hours a day and 7 days a week, except during periods when the application is unavailable due to maintenance work, in the event of suspension due to non-payment or non-compliance with the terms of use by the customer, or in the event of unavailability due to events beyond our control, such as force majeure.
6.2 We are not responsible for the content you upload to the application. You are solely responsible for all content you enter into the application. We are not liable for content that is unlawful or inappropriate, or that infringes the rights of third parties, particularly intellectual property rights or the processing of personal data.
6.3 We provide data hosting, maintenance, and security for the application. The application and the data contained therein are hosted by us on servers in Germany (EU). For further details on how we process and store data, please refer to our privacy policy.
6.4 Under no circumstances can we be held liable for:
6.4.1 damages resulting from the customer's failure to fulfill their obligations;
6.4.2 indirect or unforeseeable losses or damages incurred by the customer or third parties, including but not limited to loss of profit, loss, inaccuracy, or damage to files or data, business losses, loss of revenue or profit, loss of customers, costs of obtaining an alternative solution or service related to the non-fulfillment or inadequate fulfillment of the contract.
6.5 We cannot be held responsible for losses, damages, delays, non-performance, or partial performance resulting directly or indirectly from force majeure.
6.6 These terms of use and any separate agreements through which we provide services to you are governed by Luxembourg law.
6.7 We would like to point out that our software may contain links to external sources and content. By clicking on such links, you will be redirected to other websites or applications that are independent of our application. We assume no responsibility and have no control over the services and policies of third parties. We do not assume any responsibility or liability for such links.

7 Duration and Termination

7.1 Free trial period and paid service package: If you have chosen a free trial period, the contract period for this trial period begins immediately upon registration. No setup, basic, or usage fees will be charged during the trial period. If you have opted for a paid service package, the contract period for this service package begins immediately after the conclusion of the contract.
7.2 Termination of contracts and subscriptions must be made in writing or in text form, or can be done by clicking the corresponding button in your account.
7.3 We reserve the right to terminate the contract and block your access to your accounts if you are in default with the full or partial payment of an amount owed to us.
7.4 We may terminate or suspend the right to use our application and the provision of the services offered therein with immediate effect by notifying you, if necessary by email, particularly in the event of non-compliance with these terms and conditions:
7.4.1 in the event of infringement of intellectual property rights;
7.4.2 in the event of damage or abusive use of our application through fictitious/false orders leading to time and/or product losses for partner organizations.

8 Severability Clause

If any provision of these terms and conditions is deemed unlawful, invalid, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these terms and conditions, with such determination not affecting the validity and enforceability of the remaining provisions. In the event of inconsistencies between different language versions of the terms and conditions or other legally relevant documents, the English version shall prevail.

E-Mail: mail{at}zencaptcha.com
Zencaptcha - Restoflix Sàrl.-s