Zencal terms & conditions

I. GENERAL PROVISIONS

• These Terms & Conditions define the types, scope and conditions for the provision of online services by the Service Provider.

• The terms used in this T&C have the following meaning:
  

  • „T&C” – these Terms and Conditions for the provision of online services;
  • „Service Provider” – Wojciech Dasiukiewicz, registered in the Central Register and Information on Economic Activity under the name „Wojciech Dasiukiewicz OCTOCODE”, address Osiek nad Notecią, ul. Kasztanowa 1, 89-333 Osiek nad Notecią (Poland); tax id no. (NIP): 7642656562; email: hello@zencal.io, website: https://zencal.io/;
  • „User” – a natural person or legal entity having a User account;
  • „User account” – an individual desktop available online, protected with a password, through which the User may, in particular, edit their data and use Zencal;
  • „Zencal” – an online platform, available via Access Devices, enabling Users (with an active subscription or an ongoing trial period) to manage meetings and monetize them;
  • „Access Devices” – devices capable of connecting to the Internet, through which Zencal is accessed and used.

II. TERMS OF USE OF ZENCAL

1. Account registration – required data
   

   • Setting up a User account is free of charge. The use of other Zencal functionalities (subscription) is subject to payment.
   • Setting up a User account requires entering the name, email address and password, as well as submitting a declaration of reading the T&C and the Privacy Policy and consent to the processing of the email address in accordance with the Privacy Policy.
   • Setting up a User account is also possible with the use of authentication via Facebook or Google.
   • After creating an account, the User receives a message to the email address provided, confirming the start of the trial period referred to in section B.
   • Before gaining access to the User account for the first time, the User is asked to configure a possible payment gateway, indicate availability on specific days and hours of the week, and to create the first type of meeting.

2. Trial period
   

   1. After registering a new account, the User starts a 14-day trial period during which they can use all the available Zencal functionalities free of charge.
   2. During the trial period, the User may purchase a subscription.
   3. If the User fails to purchase the subscription, the User account is blocked after the end of the trial period. In this case, the User loses access to all Zencal functionalities and, after logging in, only has the option to purchase a subscription or delete the account.
   4. The data collected on the User account is stored for 90 days from the last day of the trial period. After this deadline, all data collected on the User account will be deleted.

3. Subscription

   1. The current available subscription plans and information about their scope and prices are displayed at https://zencal.io/.
   2. Using the subscription, in addition to the data referred to in section A clause 2 requires providing the name and surname, and optionally the business name and tax identification number of the entrepreneur and the correspondence address in order to issue a VAT invoice (legal basis: Article 106e clause 3 of the Act of March 11, 2004 on tax on goods and services).
   3. The subscription is purchased by the User via the User account, through the system of an external payment operator.
   4. The subscription fee is charged automatically in advance for the subscription plan selected by the User (from available plans), in billing periods of one month. The first billing period begins on the date of the first payment.
   5. The User may use the selected subscription plan during the period that has been paid for. The User’s failure to use Zencal for reasons for which the Service Provider is not responsible shall not entitle the User to a refund of the fee paid in advance for a given month.
   6. The Service Provider issues a VAT invoice to the User for each payment made by the User and delivers it to the User to the email address provided by the User. The Service Provider is not responsible for the correctness of the invoice data provided by the User.
   7. The User may change the subscription plan at any time. For this purpose, please contact the Service Provider directly at hello@zencal.io. The new subscription plan will be effective from the next billing period – the next billing period will be charged in accordance with the new subscription plan.
   8. Information about the current subscription status is displayed on the User account in the „Billing” tab.
   9. The User may cancel the subscription at any time by clicking the „Cancel subscription” button available in the „Billing” tab in the User account. In this case, no fee will be charged for the billing period commencing after the billing period during which the User canceled the subscription.

4. Rules for using the User account

   1. If a payment gateway is connected to the User account, the User may charge clients for meetings arranged through Zencal. In the absence of a payment gateway, the User may only arrange free meetings via Zencal.
   2. A User Account may be assigned to only one person and may only be used to manage meetings of that person. The User may not share their User account with third parties, or manage meetings of third parties. The Service Provider is not responsible for the User providing their account or password to third parties.
   3. The User may not provide illegal content.
   4. The Service Provider may stop providing services at any time. The Service Provider informs the Users about this 14 days in advance and returns the fees paid by the Users in an amount proportional to the number of days remaining from the date of termination of services until the end of the paid subscription period.
   5. The User has the right to use the option of regaining access to their User account (password reset). For this purpose, in the login form, click the „Reset your password” ling and provide the email address assigned to your User account. If the given email address exists in the database, the User will receive an email to this address containing a link with an authorization token, which will redirect them to a form that allows to set a new password. The link with the authorization token is valid until the link is clicked.
   6. In the event of breach of any of the provisions of clauses 1-2, the Service Provider, after a prior request to refrain from further violations sent by electronic means, may block the User account. Clause 4 does not apply.

III. NEWSLETTER

1. The Service Provider offers an online distribution service provided via e-mail, which allows everyone using it to automatically receive information from the Service Provider about the availability of new Zencal functionalities, discount offers for people who may switch to a higher subscription plan, important Zencal events, and about webinars organized by the Service Provider („Newsletter”).
2. Subscribing to the Newsletter is completely voluntary and requires consent to the processing of personal data for this purpose and to receive marketing content via email.
3. You can unsubscribe from the Newsletter at any time by clicking on the link available in the footer of the message received as part of the Newsletter or by contacting the Service Provider directly at hello@zencal.io.

IV. PERSONAL DATA PROTECTION

The Service Provider ensures proper protection of the User’s personal data. Any personal data provided by the User will be collected, stored and processed only in accordance with the generally applicable provisions of law, which is reflected in the Privacy Policy prepared and followed by the Service Provider.

V. CLAIMS

1. All complaints and problems related to the operation of Zencal may be reported by the User via:
   

   1. an email sent to hello@zencal.io;
   2. via the messenger widget available at https://zencal.io.
2. A complaint should contain a short description of the problem which is the basis for the complaint and the User’s personal information (name and surname, e-mail address).
3. The complaint will be considered by the Service Provider within 14 days from the date of submission. The Service Provider will immediately notify the person submitting the complaint about the result of considering the complaint via email to the email address provided in the complaint.
4. Complaints that do not contain the data referred to in clause 2 will be left without recognition.

VI. ACCESS DEVICES

1. Proper use of Zencal requires having an Access Device that meets the following conditions:
   

   1. Internet access (at least 0,5 Mb/s bandwidth),
   2. an email account,
   3. an Internet browser: Internet Explorer 11.0 or newer, Microsoft Edge 12.0 or newer, Mozilla Firefox 55 or newer, Opera 50 or newer, Google Chrome 60 or newer, macOS Safari 10 or newer, iOS Safari 10.2 or newer, Chrome Android 66 or newer; with Cookies and Local Storage enabled.

VII. INTELLECTUAL PROPERTY RIGHTS

1. All rights to the content contained in Zencal and on the website https://zencal.io are vested in the Service Provider or third parties who have agreed to their use by the Service Provider.
   

2. The User has the right to use the content available on their User account only under the conditions specified in the T&C and only for personal use.
   

3. No content (in particular: texts, graphics, logos, icons, images) made available to the User through their User account may be reproduced or distributed in any form and in any way to third parties.
   

4. In the event of breach of any of the provisions of clauses 1-3, the Service Provider, after a prior request to refrain from violations sent via electronic means, may block the User account. Section II.D. clause 4 does not apply.
   

VIII. INFORMATION ABOUT PARTICULAR RISKS RELATED TO THE USE OF THE SERVICE

1. The basic threat to every Internet user, including people using online services, is the possibility of „infecting” the ICT system by various types of software created mainly to cause damage, such as viruses, „worms” or „Trojan horses”. In order to avoid the risks associated with this, including those appearing at the moment of opening email messages, it is important that the User provides their Access Device with an antivirus program and constantly updates it, installing its latest versions, as soon as they are available on the market. The Service Provider also informs that particular risks related to the use of the service provided online, including the one described in the T&C, are related to the activity of the so-called hackers, intending to break into both the Service Provider’s system (e.g. attacks on his websites) and the User. Therefore, the User acknowledges that despite the Service Provider’s use of various modern „defense” technologies, there is no perfect protection against the above-described undesirable actions.
   

2. Within the scope of the privacy protection policy applied by the Service Provider as well as further information on the functions and purposes of software and data that are not a component of the service content, entered by the Service Provider into the ICT system used by the User, the Service Provider refers to the Privacy Policy.
   

IX. FINAL PROVISIONS

1. Zencal is only available in English and Polish.
   

2. The T&C comes into force on 01.03.2022
   

3. The Service Provider may change the content of the T&C and the way of using Zencal by notifying Users via the website https://zencal.io and additionally via emails sent to the email addresses provided by Users. By continuing to use Zencal, you accept the changes made. Within 7 days of notifying the Users of the amendment to the T&C, the User has the right to submit a declaration of non-acceptance to the Service Provider. The declaration should be submitted in writing to the address of the Service Provider’s seat or to the email address hello@zencal.io. Delivering the declaration results in the loss of the User’s rights to use Zencal and the blocking of their account. Section II.D. Clause 4 applies accordingly.
   

4. The Service Provider ensures the operation of the ICT system that he uses in such a way that the User may terminate the use of Zencal at any time free of charge and delete their User account.
   

5. The Service Provider provides free access to the content of the T&C before creating a User account at https://zencal.io, as well as via the User account.