Terms and Conditions

Last updated : December 20th 2020

Intro

Thanks for using The Beergame App ! These Terms and Conditions (“Terms”) are applicable to the all the websites (including beergameapp.com, bgapp.co and zensimu.com) and software/mobile applications, owned and operated by Zensimu SAS and from or in connection with which you are accessing this document. We refer to such websites and apps in this agreement as the “Service” or “Application”.

Zensimu SAS (herein after also referred to as “Zensimu”, “we”, “us” or “our”) is a company registered at:
5 Avenue du General de Gaulle, 94160 Saint-Mandé, France - SIREN registration number: 883718835.

By using the Services or accessing any content or material that is made available by Zensimu or its users through the Service you understand and agree to accept and adhere to the following terms and conditions as stated herein.

These terms shall supplement any other order form or general terms and conditions agreed as part of a specific contract with a client of Zensimu SAS. In case of inconsistency between these terms and the other agreement signed between Zensimu and a client, the other agreement shall prevail over these terms.

By using this Service you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Zensimu may revise these terms without notice in the future. If you are a paying customer and would like to be warned or consulted before any revision of these terms which could affect your use of the service or your legal rights as a user of the service, please contact us at hello@beergameapp.com. If no agreement can be found in the adjustment of those terms, you’ll be entitled to a prorated refund of your plan – proportionally to the remaining duration (at the time new terms apply), versus the total duration you paid for.

Limitations

In no event shall Zensimu or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on service, even if Zensimu or a Zensimu authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on the service could include technical or content errors. Zensimu does not warrant that any of the materials on its service are accurate, complete, or current. Zensimu may make changes to the materials contained on its service at any time without notice. Zensimu does not, however, make any commitment to update the materials.

Third Party Applications

The Zensimu Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Zensimu does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

Accounts and Plan Versions

We offer free and paid services. The Services are provided in different versions (or “Licenses”) depending on the plan a user has subscribed-to. These include the Basic, Advanced, Premium and Enterprise plans, which are subject to fees. One License gives you the right and ability to use the features stated in https://beergameapp.com/pricing.

The Basic and Advanced plan are reserved for individual usage and appropriate taxes will be applied. The Premium and Enterprise plans may be purchased by individuals, businesses and nonprofits. In this case, European businesses (excluding France) need to communicate their VAT number using payment on invoice in order not to be charged VAT.

Some Services are accessible with a reduced price for users identified as Teachers because using the application in an Educational context (at School or University). This discount will be validated on a per-user basis by Zensimu at its sole discretion. We will usually base this decision on the user’s email address organization but may request further proof of educational usage. Zensimu reserves the right to refuse or cancel a subscription if the Educational usage couldn’t be determined.

Accounts are individual, meaning that one Account can only be used by one person and you agree not to permit any other person to your License.

When you use an email address to register for an Account and that email address was provided by an organization, we reserve the right to inform the concerned organization about that Account. In the event that organization is a Customer to us, it may retain title to, control, administer, suspend or delete access to your Account. If you would like to be sure to avoid any of the above, you should register an Account with your own private email address.

Prices and Billing

Current and applicable prices for the Licenses are found here: https://beergameapp.com/pricing. All prices displayed are exclusive of VAT, other taxes and potential tolls or import/export fees.

Payment for the paid Versions shall be made upfront on the initiation day (day of the activation of the services) for the entire License period which may range between one and twelve months. Exceptions may be made when payment is done through invoice and/or bank transfer, in which case payment is due within the number of days after the Initiation Day as specified in the invoice. The first day after the end of the License Period, the License will be automatically cancelled.

Payment can be made using a credit card for all plans (processed via our payment processing provider Stripe). The payment using bank transfer is only available for Premium and Enterprise plans due to the manual management incurred.

Payment cannot be made for parts of the License Period or be partially repaid.

We reserve the right to change the prices listed under https://beergameapp.com/pricing as well as the payment terms (including License Periods) and features included in each Version at our own discretion. Such changes will however not affect a License already paid for.

Cancellation / Change of Plan

Customers are entitled to a full refund within seven days from the Initiation Day for the paid plans by cancelling the License. In order to receive the refund, send us a written notice to hello@beergameapp.com stating why the refund is requested. We will provide the refund within 30 days from registering the request.

By using the Application in a live situation with external participants you lose the right to refund. External participants are defined as other individuals you invited to play on a game or visit pages you created using the Application.

We don’t accept downgrades from any Paid Subscription to a lower Service Plan, if the seven days trial period stated above was already passed.

Upgrades to a higher Service Plan will be managed for Yearly plans only. If you wish to upgrade please contact us at hello@beergameapp.com, an upgrade fee will be applied based on the difference between the new and old plan price for the full License period.

Communication with users

We reserve the right to communicate with you, also for marketing purposes. Such communication can be newsletters, product updates, offers or other information related to the Application. You may of course opt out of receiving emails from Zensimu at any time by unsubscribing at the end of the email.

Please note that although you may opt out of receiving certain emails, we still reserve the right to communicate with all our Users and Customers via email regarding specific orders, requests or inquiries from our Users and Customers that are related to the Services.

User Content

You are solely responsible for all User Content that you publish on Zensimu services. Zensimu does not endorse the correctness of the User Content or any opinion contained in any User Content.

Governing Law

Any claim relating to Zensimu’s service shall be governed by the laws of France without regard to its conflict of law provisions.

Acceptable Use Policy

By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use the Services and these Resources only for the purposes intended as permitted by (a) the Terms, (b) this Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines (“Acceptable Use”). Wherein, you understand that:

In order to access our Services and Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services and Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services and Resources. Accordingly, you are responsible for all activities that occur under your account/s.

Zensimu is never liable for your Internet connection and the network that is being used to gain access to, and make use of, the Application. It is your responsibility to arrange for and fulfill the technical requirements needed to use our Services, such as to have the equipment and software required for the performance of the Application.

Accessing (or attempting to access) any of our Services and Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services and Resources through any automated, unethical or unconventional means.

Engaging in any activity that disrupts or interferes with our Services and Resources, including the servers and/or networks to which our Services and Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. We may provide various open communication tools on our Services, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Services, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with the Agreements, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.