Welcome to ENZYM. These conditions of use apply between you and the company ENZYM SAS having its head office in France, 8C Avenue de Pierre de Coubertin, 38170 SEYSSINET PARISET, registered under the number Siret 83085461800022 at the RC of Grenoble.
We may change this Agreement and the Service at any time. We may do so for a variety of reasons, including to reflect changes in the law or its requirements, new features or changes in business practices. The most current version applies. If the changes include material changes that affect your rights or obligations, we will notify you at least 30 days in advance of such changes (unless we are unable to do so under applicable law) by reasonable means, which may include notification through the Service or by e-mail. Use of the Service after the changes become effective will constitute acceptance of the revised Agreement.
You are not eligible to create an account or access or use the Service, or the systems on which it resides, unless all of the following information is true:
- you are at least 18 years old.
- you can enter into a binding contract with ENZYM
- you are not a person who is prohibited from using the Service under applicable law or any other jurisdiction
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony or prosecutable offense (or a crime of similar severity), a crime of a sexual nature or involving violence, and are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Your Account
You are responsible for maintaining the confidentiality of the login credentials you use to register with ENZYM and you are solely responsible for all activities that occur under those credentials. If you believe that someone has accessed your account, please contact us immediately at firstname.lastname@example.org.
4. Location-based Service
You understand that ENZYM is a location-based service. In order to provide the Services, ENZYM needs access to your device's location data and must keep a record of your location history. You will first need to grant permission to ENZYM before we can access your location data. This is done via the Android and iOS authorization screens and/or device settings.
Unless you have selected a different device authorization or app setting, your device location will be shared when the app is running in the background and foreground. This means that once the appropriate permissions are granted, you do not need to actively open the application to share your location.
If you want to stop sharing your location data, you can do so at any time in your device settings. When you disable location sharing via your device settings, you will not be able to use the Services.
You understand that the Services operate under normal conditions, but that the accuracy of location data depends on a number of factors such as sufficient network coverage, Wi-Fi connection, etc. For example, if you are in a building or area with poor network coverage, the map may not display correctly and your location in the Application may not reflect your exact location in real life.
This point may be obvious, but remember that your location on the map is the location of your device. For example, if you forget your device somewhere or lend it to a friend, your location on ENZYM will not show your physical location, but rather the location of your device.
ENZYM is a social network.
The maps we use to display your location in the App are from third parties. There may be geographic areas around the world that have not yet been processed and/or changes in the world that the maps do not yet reflect.
ENZYM is for the moment totally free and therefore no purchase is possible.
6. Safety; your interactions with other Members
While ENZYM strives to encourage a respectful member experience through features such as the ability to block a user or alert on a user's behavior, ENZYM is not responsible for the conduct of any member on or off the Service. You agree to exercise caution in all your interactions with other members, especially if you choose to interact outside of the Service. You agree not to provide your financial information (e.g., credit card or bank account number) or transfer money by wire transfer or otherwise to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT ENZYM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INVESTIGATE THE BACKGROUNDS OF ITS MEMBERS. ENZYM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
7. Community Rules
By using the Service, you agree to refrain from:
- use ENZYM for any purpose that is unlawful or prohibited by this Agreement.
- use ENZYM for any malicious or harmful purpose
- use ENZYM to harm ENZYM
- violate our Community Rules, which may be updated from time to time.
- send junk mail, solicit money from members, or defraud members.
- impersonate any other person or entity or post any images of another person without their permission.
- persecute, stalk, intimidate, attack, harass, abuse or defame any person.
- post any Content that violates or infringes upon the rights of any person, including rights of publicity, privacy, copyright, trademark or other intellectual property or contractual rights
- post any Content that constitutes hate speech, threatening, sexually explicit or pornographic material
- publish any Content that incites violence or contains nudity, graphic or gratuitous violence.
- post Content that includes racist, intolerant, hateful language or that encourages physical violence against a particular group or individual
- request passwords for any purpose, or personally identifiable information for commercial or illegal purposes from other members or disseminate another person's personal information without their permission.
- use another member's account, share an account with another member or have more than one account.
- create another account if we have already terminated your account, unless you have our permission.
ENZYM reserves the right to investigate and/or terminate your account if you have violated this Agreement, misused the Service, or engaged in conduct that ENZYM believes is inappropriate or unlawful, including actions or communications that occur outside of the Service. In addition, under certain circumstances, we may terminate your account for failure to comply with the terms.
8. Content of Other Members
Although ENZYM reserves the right to review and remove any Content that violates this Agreement, such Content is the sole responsibility of the member posting it, and ENZYM cannot guarantee that all Content will comply with this Agreement. If you see any Content on the Service that violates this Agreement, please report it on the Service or by emailing us at email@example.com.
9. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please send a takedown request by emailing us at firstname.lastname@example.org.
If you contact us regarding an allegation of copyright infringement, please include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the allegedly infringing material is located on the Service (and such description must be reasonably sufficient to permit us to locate the allegedly infringing material);
- your contact information, including your address, telephone number and email address, and the identity of the copyright owner;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
ENZYM will terminate the accounts of repeat infringers.
10. Disclaimer of Liability
ENZYM PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SERVICE (INCLUDING ALL CONTENT THEREOF), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ENZYM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
ENZYM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT THAT YOU, ANY OTHER MEMBER OR ANY THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ACCESS TO ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK.
11. Arbitration, Class Action Waiver and Jury Waiver
Except for members residing within the European Union or the European Economic Area and any other location where prohibited by law:
- The sole remedy for resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding ARBITRATION administered by the JAMS Simplified Arbitration Rules and Procedures. The only exception to the exclusivity of arbitration is that each party shall have the right to file an individual claim against the other in a local court of competent jurisdiction or, if filed in arbitration, the responding party may request that the dispute be submitted to the local court instead if the claim falls within the local court's jurisdiction. If the application to proceed in the local court is filed before an arbitrator is appointed, the arbitration will be administratively closed. If the application to proceed in the District Court is made after the appointment of an arbitrator, the arbitrator will determine whether the dispute should remain in arbitration or instead be decided by the District Court. Such arbitration will be conducted solely in writing, unless you or ENZYM elect to invoke the right to a hearing before the judge. However, whether you choose arbitration or the local court, under no circumstances will you be able to bring or pursue a class action, class arbitration, or other representative action or proceeding against the Company.
- By using the Service, you agree to the above arbitration agreement. By doing so, YOU WAIVE YOUR RIGHT TO GO TO COURT to allege or defend any claims between you and the Company (except for matters that may be handled by a local court). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER COLLECTIVE PROCEEDING. If you file a claim against ENZYM outside of the local court (and ENZYM does not request that the claim be transferred to the local court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator will resolve all claims and issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the judge. The judge may generally grant any relief that may be granted by a court, including the ability to hear a motion to dismiss (which may include a motion to dismiss based on the pleadings of the parties, as well as a motion to dismiss based on the pleadings of the parties as well as the evidence submitted), but you should note that arbitration proceedings are generally simpler and more abbreviated than trials and other court proceedings. Decisions made by the arbitrator are recognized by the courts and can only be overturned by a court for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify or set aside an arbitration award, may be brought in any court of competent jurisdiction. If this Arbitration Agreement is held, for any reason, to be unenforceable, any dispute against the Company (except for actions in a local court) may be brought only in the federal or state courts located in Dallas County, Texas, USA. You hereby irrevocably consent to the jurisdiction of such courts for such purposes.
- The European Commission's online dispute resolution platform is available at http://ec.europa.eu/odr. ENZYM does not participate in dispute resolution proceedings before a consumer arbitration entity for members residing in the EU or European Economic Area.
12. Governing Law
The laws of France shall govern these Terms and all claims and disputes (contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts of some countries may not apply the laws of France to certain disputes arising under these Terms. If you reside in one of these countries, the laws of your home country may apply to such disputes.
13. Place of Jurisdiction
Except for Members residing within the European Union or the European Economic Area, who may bring their actions in their country of residence in accordance with applicable law, and except for actions that may be brought in a local court of competent jurisdiction, all actions arising out of or relating to this Agreement, the Service, or your relationship with ENZYM that for any reason are not subject to arbitration shall be brought exclusively in the courts of France.
14. Indemnification by You
You agree, to the extent permitted by applicable law, to indemnify, defend and hold ENZYM harmless from and against any and all claims, demands, damages, losses, costs, liabilities and expenses, including attorneys' fees, due to, arising out of, or in any way connected with your access to or use of the Service, your Content, or your violation of this Agreement.