Terms of service

1. Who we are and definitions

In these terms:

• Zeno Innovations, we, us, our: the business above.
• Client, you, your: anyone who creates an account, uses a service or accepts a quote.
• Consumer: a client acting for private purposes, not for a business or profession.
• Platform: the hosting platform with dashboard at zeno-innovations.com/dashboard, the related addresses on *.zeno-innovations.com and the Zeno CLI.
• Custom work: websites, bots, apps and other work we make specifically for a client.
• Content: all files, code, data and other material you put on the platform.

2. Scope

These terms apply to every offer, quote and agreement between Zeno Innovations and a client. Deviations only apply if we've agreed them in writing (email counts). A client's own terms don't apply unless we've explicitly accepted them.

3. Offers and agreements

A quote is valid for 30 days unless it states a different period. An agreement is formed when you accept a quote (also by email or message), create an account on the platform, or take out a paid subscription. Obvious mistakes or errors in an offer don't bind us.

4. Your account

• You must be 16 or older to create an account, or have permission from your parent or guardian.
• You provide correct details and keep them up to date.
• You keep your password and access codes (such as the CLI login) secret. You're responsible for everything that happens with your account.
• Notice someone else using your account? Let us know straight away.

5. The hosting platform

The platform lets you put websites and servers online at an address like your-name.zeno-innovations.com.

• Hobby is free and meant for websites. We show a small “Powered by” badge on free websites.
• Pro is paid and adds, among other things, servers (such as Node.js and Python apps and bots), higher limits and removal of the badge.
• The current features, limits and prices of each plan are on the hosting page and in the dashboard. We may adjust limits reasonably; for paid plans we announce unfavourable changes at least 30 days in advance.
• You may use the address (subdomain) you choose for as long as your account exists. It remains ours. We may refuse or withdraw names that are misleading, infringe others' rights or that we've reserved.
• Use must stay reasonable (fair use). If you use so much computing power, storage or traffic that the platform or other clients suffer, we may limit your project or ask you to upgrade.

6. What's not allowed on the platform

You're responsible for your content and for what your projects do. You may not use the platform for:

• anything that breaks Dutch law or the law of the country you live in;
• phishing, fraud, collecting login details or impersonating other companies or people;
• malware, viruses, botnets, attacking or scanning other systems, or bypassing security;
• spam, unsolicited bulk email or fake reviews;
• material you don't have the rights to, such as illegal downloads or copied software;
• child sexual abuse material, terrorism, incitement to violence, discrimination or harassment;
• crypto mining or other use that puts a disproportionate load on the platform;
• reselling the service without our permission.

Reporting: see content on *.zeno-innovations.com that doesn't belong there? Report it through [email protected], with the address and the reason. We review every report and remove content that is clearly unlawful. In case of a violation we may take a project or account offline or block it immediately, and where necessary report it to the authorities or hand over data to them.

7. Availability and backups

We do our best to keep the platform available and secure at all times, but we can't guarantee uninterrupted availability. Outages and maintenance can happen; you can follow the current status at status.zeno-innovations.com. Every version of your project is kept so you can roll back, but that's not a backup. Always keep your own copy of your code and important data.

8. Prices and payment

• All prices are in euros and include VAT where applicable.
• Pro is paid in advance through Stripe, monthly or yearly if you choose so, and renews automatically until you cancel.
• We invoice custom work as stated in the quote. Invoices are due within 14 days unless agreed otherwise.
• If you don't pay on time, we send a reminder. If payment still doesn't arrive, we may suspend the service. For business clients we may charge statutory commercial interest and reasonable collection costs; for consumers the statutory rules apply.
• We announce price changes for a running subscription at least 30 days in advance. If you don't agree, you can cancel before the new price takes effect.

9. Cancellation and termination

• You can cancel Pro at any time in the dashboard. The subscription then runs until the end of the paid period, after which you move back to Hobby. Websites stay online; servers are stopped.
• You can delete your account yourself at any time in the dashboard. Your projects then go offline and we erase your data within 30 days, except what we're legally required to keep.
• We may end a free account with 30 days' notice, for example if it hasn't been used for a long time.
• If you break these terms, in case of abuse or if the law requires it, we may suspend or end a project or account immediately. Amounts already paid are not refunded, unless the law says otherwise.

10. Right of withdrawal for consumers

If you're a consumer and take out a paid subscription online, you may cancel the agreement within 14 days without giving a reason. Let us know through [email protected]. If you asked us to start right away, you only pay for the part already delivered. For custom work made to your specifications, the right of withdrawal ends once the work has been fully performed with your explicit consent. You can withdraw online through our returns policy, which also has the model form. For the shop, see article 18.

11. Custom work: websites, bots and apps

• What we make, what it costs and when it's ready is in the quote. Timelines are an estimate, not a strict deadline, unless we explicitly agree otherwise.
• You provide the texts, images, access and information we need in good time. You guarantee that you have the rights to what you provide.
• If you want more or something different from what's in the quote, that's extra work. We discuss the extra costs first.
• After delivery you have 14 days to check the work and report errors. Errors reported within that time that don't match what was agreed, we fix free of charge. After that, or as soon as you start using the work, it counts as accepted.
• After full payment, the rights to the work made specifically for you are transferred to you, or you receive an unlimited licence to use it, whichever fits best. General components, tools and code we use more often remain ours; you get a right to use them.
• We may mention the project in our portfolio, unless you tell us you'd rather we didn't.

12. Intellectual property

Your content stays yours. You only give us the right to store, copy and display your content as far as needed to provide the platform. The platform, the Zeno Innovations name and logo, the website and the dashboard are ours. The Zeno CLI is available under the MIT licence.

13. Liability

• Our liability is limited to direct damage and to the amount you paid us in the 12 months before the damage for the service concerned. On the free Hobby plan, that amount is zero.
• We're not liable for indirect damage, such as lost profit, loss of data or revenue, or damage caused by client content or third-party services.
• These limits don't apply in case of intent or deliberate recklessness on our part, nor where mandatory consumer law says otherwise.
• You indemnify us against claims by others that result from your content or from your breach of these terms.

14. Force majeure

We're not liable if we can't meet an obligation because of circumstances beyond our control, such as outages at internet, power or hosting suppliers, attacks (for example DDoS), fire, government measures or illness. If force majeure lasts longer than 60 days, either of us may end the agreement.

15. Privacy and data processing

How we handle personal data is described in our privacy policy. If your project processes personal data of others (for example visitors or customers of your site), you're responsible for that and we're your processor. The following applies:

• We only process that data to provide the hosting and according to your instructions, never for our own purposes.
• Everyone with access on our side is bound to confidentiality.
• We take appropriate technical and organisational security measures (see the privacy policy).
• We only use sub-processors needed for the service, such as Cloudflare for the network. We announce changes in advance; you can object to them.
• Where reasonable, we help you with requests from data subjects and your obligations under the GDPR.
• We report a data breach affecting your data without undue delay, so you can meet your own notification duty.
• After the agreement ends, we erase the data within 30 days, unless the law requires us to keep it.

16. Complaints

Not happy with something? Let us know as soon as possible through [email protected], with a clear description. We confirm your complaint and respond in substance within 14 days. If that's not possible, we'll tell you within that period when you can expect an answer.

17. Changes to these terms

We may change these terms. We announce important changes at least 30 days in advance by email or in the dashboard. If you don't agree, you can cancel before the change takes effect.

18. Shop

For orders in the Zeno Innovations Shop the following also applies:

• Ordering and payment: the agreement is formed once your payment through Stripe has succeeded. You see prices and shipping costs before you pay. You get a confirmation by email.
• Production and delivery: products are made to order by our production partner Printify. Delivery usually takes 3 to 8 working days after payment. This is an estimate, not a strict deadline. If it takes longer than 30 days, you may cancel the order free of charge.
• Cancelling: within 24 hours of payment, as long as production hasn't started, you can cancel with the Cancel order button in the shop. You then get the full amount back.
• Right of withdrawal: as a consumer you have 14 days after receipt to change your mind. The cost of sending the product back is yours. How it works is in our returns policy.
• Damage and misprints: report a damaged product, a misprint or a wrong product within 30 days of delivery, with photos. You then get a free replacement or your money back, without having to send anything back. Your statutory rights also continue to apply.
• Non-payment: an order is only made and shipped after payment has succeeded. If a payment is reversed afterwards, we may still claim the amount.

19. Applicable law and disputes

These terms and all agreements with us are governed by Dutch law. We first try to resolve disputes together. If that doesn't work, they're submitted to the competent court in the district where Zeno Innovations is established. As a consumer you keep the protection the law of your country of residence gives you, and you can also go to the court where you live.