These terms of service („Terms“) regulate the use of the web and mobile application Zelos („Service“) owned by Osaühing Motifon („Zelos“), registry code 14441989, registry code 14441989, address Tuukri põik 10, Tallinn. These Terms are considered to be a binding contract between Zelos and the User of the Service.
By registering as a user („User“), you agree with these Terms. If you do not agree with these Terms, you will not have the right to use the Service. The User of the Service must be at least 13 years of age.
Zelos is providing software-based service used to lead and motivate teams by helping to fully use the potential of big collectives. The Service is SaaS and includes functionalities as available on application.
2. User account
The Users of the Service are organisations (“Organisations”) and members (“Members”) who are invited to join spaces created by Organisations.
Organisations may create multiple spaces for different purposes and each space stands separately from the rest. The Members, on the other hand, may join multiple spaces owned by different Organisations.
The Organisation appoints an administrator for space(s) who will manage the space and its Members. The administrator has the right to remove Members from the space at its own discretion.
The Organisations may introduce additional terms for the use of their spaces in the Service.
The User confirms that he/she is personally and wholly liable for the content and actions are taken on its account. The User is obliged to notify Zelos immediately if there is a misuse or a suspicion of misuse or if the password gets lost or gets in the hands of unauthorized third persons.
Zelos does not control the validity of the data presented by the Users and is not liable for incorrect data.
By deleting the User account, the Service will not be accessible.
User warrants that he/she will not produce content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or property rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or, (iv) contains a virus or other harmful computer file, or program.
Zelos may suspend the right to use the Service if the User violates the Terms, acts inappropriately against other Users or Zelos, the User has no legal ground to use the Service, the account has been fraudulently obtained or the account is used in bad faith.
3. Fees and Payment
Organisation will pay Zelos the applicable fees described in the price list (available here) in accordance with these Terms. The price list is an integral part of these Terms. The payment is made by the credit card payment provided by payment service providers.
If Organisation believes that Zelos has billed the Organisation incorrectly, Organisation must contact Zelos no later than thirty (30) days after the closing date on the first billing statement in which the error or problem appeared, to receive an adjustment or credit. Except as expressly set forth in these Terms, all fees are non-cancellable and non-refundable.
Zelos reserves the right to change the price list and to introduce new fees upon thirty (30) days prior notice to Organisation.
Unless otherwise specified, Zelos will bill through an invoice and full payment for invoices issued must be received by Zelos thirty (30) days after the electronic delivery date of the invoice.
Any credits due to an Organisation will be applied on the next invoice against amounts then due. If there are no future invoices expected, Zelos will issue a payment to Organisation for credits due.
Any amounts payable hereunder are exclusive of, and Organisation shall be responsible for all taxes, including general sales tax, value added taxes, duties, use taxes, withholdings, and other governmental assessments.
4. Intellectual property
Service trademarks, logos, software, copyright, databases and domain name are the intellectual property of Zelos. Zelos does not grant the User any rights to use the intellectual property rights, except to the extent necessary for the use of the Service.
The User has the right to use the Service on the basis of a non-exclusive license valid until the account is deleted. The right of use is personal and cannot be transferred. The User may not transfer the rights or obligations arising from these Terms to third parties. The sole purpose of the license granted to the User is to enable the use of the Service in accordance with the Terms.
Users grant Zelos the right to use, under a non-exclusive license, photographs, diagrams, drawings, text, etc. which are added by Users to the Service. Zelos uses these works in order to provide the Service. Zelos has a right to change the user-generated content if the content is not in line with Terms. The license is valid as long as the works are stored on the Service.
5. Technical features
Zelos aims to provide the Service with the best quality and security but Zelos cannot guarantee that the Service will be uninterrupted, timely or error free at all times.
Zelos shall not be liable for any technical obstacles or damages arising from the use of the Service, including due to acts or omissions on the part of the web hosting, Internet service provider or another service provider.
Due to the fact that Zelos occasionally updates and improves the Service, the form and nature of the Service may change. Zelos may terminate the Service, in part or in full, either temporarily or permanently, informing the User at least two weeks in advance.
Zelos is not liable for:
The validity of the data presented by the User;
The content of the User account;
Disputes arising out of employment or service agreements;
Damages arising out of the use of the Service to the User;
The storage of files saved to the Service;
Technical errors or interruptions of the Service.
Zelos shall not be liable for any damage caused by the User due to the use, impossibility, interruption, alteration, destruction or deletion of the Service, if such event occurred for reasons beyond the control of Zelos. Zelos shall not be liable for any indirect loss, including loss of earnings. Zelos’ total liability for damages is limited to 500 EUR.
The User is aware that Zelos shall not be liable for any breach of contract between the employer and the employee/volunteer or for any damage caused by the employee/volunteer or the employer.
7. No Warranty
TO THE EXTENT ALLOWED UNDER LAW AND ZELOS (AND THOSE THAT ZELOS WORKS WITH TO PROVIDE THE SERVICE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
8. Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ZELOS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ZELOS (AND THOSE THAT ZELOS WORKS WITH TO PROVIDE THE SERVICE) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ZELOS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ZELOS HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU
Zelos may suspend the User’s right to use the Service if the User violates these Terms. If Zelos restricts the right to use the Service, Zelos is not obliged to indemnify the loss or expense that may be incurred for the User.
Zelos may change the Terms at any time by notifying the User 14 days in advance. If the User does not agree to the new Terms, User must delete the account. If the User does not delete the account, it is considered that the User has accepted the new Terms. There is no obligation to notify in the event of minor changes to the Terms, Service, updates or improvements that do not restrict the use of the Service.
The law of the Republic of Estonia applies to the Terms. Disputes are resolved by negotiation and, if not successful, the dispute is resolved in Harju County Court.