Terms of Service
Zenful Coloring is an app developed by Elena Dan, with registered address at Agnes-Bernauer-Str. 73, 80687 Munich, that offers its customer a relaxing coloring experience.
These terms of service (the “Terms”) constitute a legally binding agreement between the end-user of the Services (“You”) and Zenful Coloring governing your online and offline use of the software and collection of services offered on our website (the “Site”) and in our apps and their updates, as well as related services (collectively “Services”), and affecting your legal rights (the “Agreement”).
Please read these Terms and our Privacy Policy as well as other terms referenced in this document carefully as you must agree to (and comply with) them, accept them and agree to be bound by them before you may use the Site.
Installing, accessing, or using any part of the services indicates that you agree to be bound by all of the terms and conditions in the terms, as well as all other rules, policies and procedures relating to our services that we may publish from time to time and all agreements defined in the section third-party services.
Digital environment and laws governing it change frequently, thus we reserve the right to make changes to these Terms at any time. When we do so, we’ll provide you with prominent notice by displaying it on the Site. Your continued access or use of the Site in any manner constitutes assent to any existing and new Terms that may be posted on the Site.
The Zenful Coloring app is offered and controlled from its facilities in Germany. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are appropriate or available for use in other locations. You are responsible for knowing and complying with applicable laws of your jurisdiction. If such laws conflict with your use of the Services, you are not permitted to use them.
These Terms do not entitle You to receive, and do not obligate Zenful Coloring to provide hard copy documentation, support, telephone assistance or enhancements or updates to the Services.
ELIGIBILITY
We offer our apps free of charge. Any person who uses the Services represents to Us that they are at least 18 years of age, or if under 18 years of age they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms, and to abide by and comply with this Terms.
Whenever this feature is offered by Us, You may register with your email account allowing us to keep you updated on any novelties regarding our Services. If you do so, you represent that all registration information is truthful and accurate, and you agree to maintain the accuracy of such information.
CONTENT, LICENSE & INTELLECTUAL PROPERTY POLICIES
CONTENT
All material that is made available through our Services (the “Content”), whether publicly posted or privately transmitted, is protected by intellectual property rights.
USER-GENERATED CONTENT
By using our Services, You might generate User Content. By creating User Content through Zenful Coloring app, You expressly grant, represent, and warrant that You have a right to grant, to Zenful Coloring a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such User Content, as well as Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the app and Zenful Coloring(and its successors’ and affiliates’) business, including and without limitation for promoting and redistributing part or all of the app (and derivative works thereof) in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads, and video ads.
Zenful Coloring takes no responsibility and assumes no liability for any User Content that You or any other user or third party creates with the app or shares through the app. You shall be solely responsible for Your own User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, share or otherwise make available or access through Your use of the app, is solely Your responsibility.
LICENSE – YOUR RIGHTS AND RESTRICTIONS
Subject to full compliance with these Terms, we hereby grant you a personal, limited, worldwide, non-exclusive, non-transferable license for the term of these Terms to make use of our Services, as well as to access and make non-commercial, personal use of the Content (the “License”). The sole purpose of this License is to enable you to use and enjoy the benefit of the Services in the manner permitted by these Terms. You may modify the Content within the Zenful Coloring app and using the Zenful Coloring app’s tools. You may then reproduce, copy, print, publish, transmit, distribute, display, or otherwise transfer such modified Content and make it available by uploading, posting, emailing, transmitting, or otherwise, as long as you do so for personal and non-commercial purposes.
You agree that you are using our Services and the Content for your own personal and non-commercial use and that you will not use our Services, the Content, or any portion thereof in any manner not expressly permitted by these Terms and/or applicable law, including without limitation, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, display, sell, license, or otherwise transfer and make available by uploading, posting, emailing, transmitting or otherwise; and will not directly or indirectly induce, instruct or allow any person to do so. Our software and the Content are merely licensed and not sold to you, so we retain all rights, titles, and interests of all copies of our software applications and the Content even after installation on your personal electronic devices.
You shall not reverse-engineer, decompile, disassemble, or modify our Service, Content, or any portion thereof or circumvent any technology used to protect the Service and the Content, unless permitted by applicable law.
You shall further restrain from:
- interfering with the proper working of the Services by any action that either imposes, or may impose, an unreasonable or disproportionately large load on Zenful’s infrastructure, artificially increases download count, bypasses measures we may use to prevent or restrict access to the Services and access to users’ data that we might collect or otherwise manipulate the Services by using a script or other automated process;
- modifying, adapting or hacking the Services or modifying another website so as to falsely imply that it is associated with Zenful; use of the Service in a manner that is unlawful, fraudulent, or deceptive;
- distributing or transmitting any code, virus, or any other technologies, whether now known or yet to be developed, that may harm the Services or Zenful’s users;
- resell, copy, transfer, distribute, display, translate, modify the Services or make derivative works of the Zenful Coloring app or any part thereof;
- use of the Service in a manner that uses or launches any automated system to access Zenful’s website or computer systems;
- sublicensing, renting, leasing transferring, or otherwise distributing the Services or rights to use the Services;
- use the service to try to gain unauthorized access to any service, data, account, or network by any means;
- use of the Service in a manner that harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
- use of the Service in a manner that encourages conduct that would constitute a criminal offense, or would give rise to civil liability.
OUR INTELLECTUAL PROPERTY
Except when expressly stated otherwise, these Terms do not grant you any rights or license regarding our trademarks and domain names or other brand features, as well as our copyrights or any other intellectual property rights, whether for commercial or non-commercial use.
INTELLECTUAL PROPERTY RIGHTS POLICY
We take intellectual property rights seriously and expect others to do the same.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, musical works, settings, artwork, mask work rights, sound effects, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
If you are the owner of the intellectual property right or a person authorized to act on the owners’ behalf and believe in good faith that any Content made available through Zenful Coloring Services infringes your intellectual property right, please let us know at support@zenfulcoloring.com
THIRD-PARTY SERVICES
The Zenful Coloring Service is integrated with third-party applications, websites, and services (“Third-party Services”) to make Services and Content easily available to you. Such Third-arty Services may have their own terms of use, privacy policies, and other conditions of services by which your use of these Third-arty Services will be governed. You understand and agree that we are not responsible or liable for the content and actions of any Third-arty Services or for any transaction you may enter into with their providers.
If you have downloaded the Zenful Coloring app from the Apple, Inc. (“Apple”) App Store or if you are using the app on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Zenful Coloring only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the app to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the app infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
ACCESS
You must provide at Your own expense the equipment, Internet connections or mobile devices, and/or service plans to access and use this app. Zenful Coloring does not guarantee that Zenful Coloring app is available in all geographic locations. You acknowledge that when You use Zenful Coloring app, Your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access this application from Your mobile device and/or PC device. Your right to use Zenful Coloring app is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using the Services.
AVAILABILITY OF SERVICES
Due to the continuous development and growth of our Services, the availability of Services is subject to change. We will do our best to keep our Services available at all times. However, we cannot guarantee that the Services will be continuously available without interruption.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. You further acknowledge and agree that the Services may be temporarily unavailable for causes beyond our control.
We shall not be liable to you for any disruptions of Services as a result of interruptions arising from the foregoing.
SUBSCRIPTIONS
Zenful Coloring app can be used free of charge, with limited access to drawings, colors, and any other features. We reserve the right to enhance, limit, or revoke the fee use at any time, without prior notice. Full access to the Zenful Coloring app is granted by a paid subscription, valid for the period stated on the subscription page. You can also check more information about your current subscriptions by going to your device’s settings and following Apple’s instructions found here.
All subscriptions are handled by Apple, using the Apple ID of the device. The payment process and eventual renewals are conducted by Apple and we have no control over the company’s refund policy. If you deem that you are entitled to a refund, we kindly ask you to reach out to Apple using this link, given that we don’t have authority on this matter.
Unless stated otherwise, subscriptions are auto-renewable. This means that your subscription will be automatically renewed for the same period unless it is canceled before the renewal date. For information about renewal prices and dates, please check the subscriptions list in your device’s settings or the receipt issued by Apple and sent to the email associated with your Apple ID. Should you wish to cancel the renewal of your current subscription, please follow these Apple’s instructions here.
Zenful Coloring may offer a trial to the app, at a price stated in the app. It is the user’s responsibility to cancel the trial before the expiration date if they do not wish to be charged for a paid subscription. The user agrees that forgetting to cancel the free trial will result in the automatic initiation of a paid subscription and the corresponding charges. To cancel the trial and avoid being charged for the full subscription, the user must do so at least 24 hours before the trial ends following Apple’s instructions found here. Before the end of the trial, Zenful Coloring automatically sends a reminder to the device via push notification. However, some settings and conditions beyond our control may prevent the user from being duly notified, including but not limited to no connection to the internet when the notification was sent; having the device set to sleep, do not disturb, or focus mode; having the device turned off; or having notifications disabled for Zenful Coloring app. For this reason, you understand and agree that Zenful Coloring shall not be liable for any costs, expenses, or damages incurred by the user due to their failure to cancel the trial in a timely manner. It is the user’s responsibility to manage their subscriptions, including cancellations and renewals, through the designated process provided by Apple.
By using the app, subscribing, and/or accepting the trial, the user agrees to the terms and conditions stated herein.
PRIVACY
We view the protection of Users’ privacy as very important, therefore we store and/or transfer any personal data to our partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and Zenful’s Privacy Policy which is an integral part of these Terms.
WARRANTY DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS
We endeavour to provide the best service we can, but you understand and agree that the service is provided “as is” and “as available”, without express or implied warranty or condition of any kind. We do not represent or warrant that the site, content, or security of the transmission of content on the site (i) will be uninterrupted, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements or (iv) will operate in the configuration or with other hardware or software you use. We make no warranties other than those made expressly in these terms, and hereby disclaim any and all implied warranties including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
You use services at your own risk. To the fullest extent permitted by applicable law, Zenful Coloring and all owners of the content make no representations and disclaim any warranties or conditions of non-infringement.
To the fullest extent permitted by applicable law, Zenful Coloring does not warrant that the service is free of malware or other harmful components and makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user modified content, or any other product or service advertised or offered by a third party on or through the services or any hyperlinked website, or featured in any banner or other advertising.
You understand and agree that Zenful Coloring is not responsible or liable for any transaction between you and third-party providers of third-party applications or products or services advertised on or through the service. as with any purchase of a product or service through any medium or in any environment, You should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Zenful Coloring shall create any warranty on behalf of Zenful Coloring in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the service is to uninstall any Zenful Coloring software and to stop using the service. While Zenful Coloring accepts no responsibility for third-party applications or the content thereof, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to Zenful Coloring, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.
To the fullest extent permitted by law, in no event will Zenful Coloring, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors (the “indemnified parties”) be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Zenful Coloring service, third party applications, or third party application content, regardless of legal theory, without regard to whether Zenful Coloring has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; (3) any personal injury and/or property damage or (4) aggregate liability for all claims relating to the Zenful Coloring service, third party applications, or third party application content more than the amounts you actually paid to the Zenful Coloring for providing your content during the prior twelve months in question, to the extent permissible by applicable law.
This does not affect your statutory rights as a consumer.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold the indemnified parties harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to any claim demand or action brought or assrted against any of the indemnified parties: (1) alleging facts or circumstances that would consitute your breach of the terms; (2) araising form, connected to or related to the content or any activity in which you engage on or through the services; and (3) your violation of any law or the rights of a third party.
You agree that a breach of these terms will cause irreparable injury to Zenful Coloring for which monetary damages would not be an adequate remedy and Zenful Coloring shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
GENERAL
Scope
These Terms set forth the general terms and conditions which shall govern the relationship between Zenful Coloring and its users.
Interpretation
Headings are for reference purposes only and do not limit the scope or extent of such section and shall not affect the interpretation hereof.
Term, Termination, and Survival
The terms of the Agreement shall commence on the date You install or otherwise use the Services and shall end on the earlier of the date of Your disposal of the Services or Zenful Coloring’s termination of the Agreement.
You may terminate the Agreement at any time by either uninstalling the Zenful Coloring app or ceasing to use the Services or the Site.
Uninstalling the Zenful Coloring app does not result in a refund of the amount paid in it.
Zenful Coloring may terminate the Agreement and cease to provide our Services if required by law or due to commercial or technical unavailability. Zenful Coloring also reserves the right, using its sole discretion, to terminate this Agreement, request that You remove the Zenful Coloring app from Your device for any reason, including but not limited to Zenful’s reasonable conclusion that You have violated the Terms. Promptly upon termination, You must cease all use of the Zenful Coloring app and destroy all copies of the Zenful Coloring app in your possession or control. Termination will not limit any of Zenful’s other rights or remedies at law or in equity.
Before doing so, we will provide prominent notification.
The following Sections shall survive termination of this Agreement:
Content, License, Warranty Disclaimers, Exclusions and Limitations, Indemnity, Resolution of Disputes, and Governing Law.
Severability
If any provision of these Terms is held to be invalid or unenforceable, for any reason or to any extent, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by applicable law.
Governing Law
These Terms shall be governed by, construed, and enforced in accordance with the German laws, without regard to or application of Germany’s conflict of law principles.
Resolution of Disputes
Except as otherwise stated herein, any claim or controversy between the Parties arising out of or relating to these Terms (including its formation, interpretation, performance, and breach) shall be finally settled by arbitration in accordance with the Arbitration Rules of the Munich Arbitration Centre at the Chamber of Commerce and Industry of Germany.
Costs and expenses for the arbitration procedure from the preceding paragraph shall be divided between the parties according to the success in the arbitration process.
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms shall be conducted in German language in Munich, Germany.
Waiver
All failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law shall not constitute a waiver of any of those provisions or rights.
Entire Agreement
Other than as stated in these Terms or as explicitly agreed upon in writing between you and Zenful Coloring, Privacy Policy and these Terms constitute all the terms and conditions agreed upon between you and Zenful Coloring and supersedes and replaces all inconsistent representations, any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Please note, however, that other aspects of your use of the Services may be governed by additional agreements, such as, for example, agreements governing your free or discounted trial versions of our Services or products within the Services. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Customer support
If you have any concerns regarding the use of our Services contact us by email: support@zenfulcoloring.com
Last updated September 2024.