Terms and Conditions

(last updated: November 2022)

1. General
THE ZENE AG (CHE-493.907.970), Hertensteinstrasse 51, CH-6004 Luzern, Switzerland (hereinafter «THE ZENE», «we», «us» or «our») developed and operates THE ZENE mobile application (hereinafter «THE ZENE App» or «app»). To use THE ZENE App, the user («you» or «user») must be at least 13 years of age. If the user has no right to register for the service due to user’s age or other reasons, the user must present these terms and conditions to his or her parent or legal guardian, and he or she may consent on user’s behalf. By using any part of THE ZENE App, the user is accepting these Terms and Conditions and confirms that she/he has the right and capacity to enter into this Agreement.

Using THE ZENE App and website requires that the user consents to the following General Terms and Conditions (hereinafter «GTC» or «Terms») which govern your access to and use of THE ZENE website(s), our APIs, app, and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (collectively, the «Service»). «NFT» in these Terms means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data. Details of the collection, processing and use of personal data are described in the Privacy Policy for THE ZENE App.

THE ZENE is not a wallet provider, exchange, broker, financial institution, money services business, or creditor. THE ZENE provides a peer-to-peer service that helps users discover and directly interact with each other and NFTs available on polygon blockchain. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. The ZENE only provides the interfaces to process trades or purchases. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.

THE ZENE is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.

Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the «Service» hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

To use THE ZENE App, the user must download the application from the Apple Store, Google Play Store or the respective application store and create a user account; then follow the instructions given in THE ZENE App. THE ZENE App is available for the user’s mobile device.

2. Usage rights between User and THE ZENE
THE ZENE grants the users the rights to use THE ZENE App under the conditions as set out in the limited software warranty and license agreement for end users of THE ZENE App which must be accepted by the user to use THE ZENE App. Said limited software warranty and license agreement for end users of THE ZENE App shall be considered as integral part to these Terms and Conditions.

In particular, THE ZENE grants the user a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to: (a) access and use THE ZENE App for non-commercial use; and (b) download, install and use THE ZENE App on one or more mobile device(s), which natively executes an operating system supported by THE ZENE App.

The user agrees that any software that THE ZENE provides may automatically download and install upgrades, updates or other new features and regularly send log information to THE ZENE. The user may be able to adjust these automatic downloads through the mobile device settings. These updates and upgrades are designed to improve and enhance THE ZENE App and can include bug fixes, enhancements and new modules.

The user may not sell, rent, lease, assign, distribute, copy, modify or host any part of THE ZENE App. As well, the user cannot adapt, merge, make derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of THE ZENE App, except to the extent these restrictions are expressly prohibited by applicable law.

Some of the functionalities of THE ZENE App let the user create, upload, post, send, share, receive and store content. When a user is doing that, she/he keeps the ownership rights she/he had in the content to begin with, but grants THE ZENE a non-exclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, host, display, and otherwise use the content for the purpose of operating, developing, providing and improving the Services, researching and developing new ones and using it as described in the Privacy Policy. When a user chats in a group or with a bot that relays on the user’s chats to others, the user also gives THE ZENE a license to distribute, publish and promote her/his content in the group or through the bot, including to share said content with the operator of the bot (if the operator is not THE ZENE).

For the functionalities relating NFT you will need a third-party software wallet to access the Service. Your Account on THE ZENE will be associated with your third-party wallet and display the NFTs for the blockchain address of that wallet (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with THE ZENE, and THE ZENE does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. THE ZENE accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account
The user is responsible for the content which he/she publishes through THE ZENE App and assumes all risk associated with it, including anyone else’s reliance on its accuracy or legal claims that might stem from publication. By posting content on THE ZENE App, the user represents that he/she has the necessary rights to publish and share that material, that doing so does not conflict with any licenses and that to the best of the users knowledge the content published is not intentionally misleading. Furthermore, the user does not share any links through THE ZENE App that may lead to indirect copyright infringement or circumvention of copyright.
While THE ZENE has no obligation, THE ZENE may review, screen and delete user’s content at any time if THE ZENE has reasonable belief that the user is in violation of these Terms and Conditions. The user is responsible for the content shared and sent through THE ZENE App, including for back up of that content. If you–as a user–see Content on THE ZENE App that violates this GTC, please report it within THE ZENE App, or via THE ZENE contact page.

3. Third Party
THE ZENE APP may contain advertisements and promotions offered by third-parties and links to other web sites or resources. THE ZENE is not responsible for the availability (or lack of availability) or the content of such external websites or resources. If you choose to interact with the third parties made available through the App, such party’s terms will govern their relationship with you. THE ZENE is not responsible or liable for such third-parties’ terms or actions.
THE ZENE helps you explore NFTs created by third parties and interact with different blockchains. THE ZENE does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on THE ZENE will always remain visible and/or available to be bought, sold, or transferred.

NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). For example, when you click to get more details about any of the NFTs visible on THE ZENE, you may notice a third party link to the creator’s website. Such website may include Purchase Terms governing the use of the NFT that you will be required to comply with. THE ZENE is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.

The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of THE ZENE, and may be “open” applications for which no recourse is possible. THE ZENE is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. THE ZENE provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

THE ZENE App may contain advertisements. In exchange for THE ZENE letting the user access and use THE ZENE App, the user agrees that THE ZENE and its affiliates and third-party partners may place advertising in THE ZENE App.

4. Privacy
All personal data and collected information of the user are stored used and secured in accordance with THE ZENE Privacy Policy, which can be found on https://thezene.com/privacy.html.

5. Modification of THE ZENE App and Termination
THE ZENE may add or remove functionalities and/or features to THE ZENE App at any time without giving notice to the user.
THE ZENE can also terminate this Agreement or deactivate the user any bot or any group the user has created or participated in at any time if THE ZENE reasonably believes that the user has violated these Terms and Conditions or for any reason.

THE ZENE will not be liable to the user for terminating this Agreement, including for deletion of any of the user’s content.
The user may terminate this Agreement at any time without observing any period of notice by communication to THE ZENE. THE ZENE will not be liable for any loss of data, information or content of the user.

6. Additional Terms for specific functionalities/features
If THE ZENE describes additional terms for certain specific functionalities/features, those additional terms shall be considered as integral part of these Terms and Conditions and shall prevail in any case of conflict.

7. Indemnity
The user agrees to defend, indemnify and hold harmless THE ZENE, its directors, officers, employees, affiliates, agents and suppliers from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) the use of THE ZENE App; (ii) the user’s content; or (iii) the user’s violation of these Terms and Conditions. THE ZENE reserves the right, at the user’s expense, to assume the exclusive defense and control of any matter that the user is required to indemnify and the user agrees to cooperate with THE ZENE’s defense of these claims. The user agrees not to settle any matter without THE ZENE’s prior written consent.

8. Miscellaneous
These GTC may be modified from time to time as described in section 1. If changes are made that will substantially alter the user’s rights, we will notify our users. The user agrees to accept any changes or revisions to these Terms by continuing to use THE ZENE. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
These GTC and all legal relations between THE ZENE and the user in connection with THE ZENE App shall be subject to the laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The exclusive place of jurisdiction shall be Lucerne, Switzerland.