These Terms of Service (“Terms”) are a binding legal agreement between you and Znugle that govern your use of the websites, applications, and other offerings from Znugle (collectively, the “Znugle Platform”). When used in these Terms, “Znugle,” “we,” “us,” or “our” refers to Znugle Technology AB with who you are contracting.
The Znugle Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and contract properties for rent. Members who publish and offers properties for rent are “Hosts” and Members who search for, rent properties, or use other rental services are “Guests.” Hosts offer properties for rent (“Properties”), and a variety of services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Znugle Platform, and must keep your account information accurate. As the provider of the Znugle Platform, Znugle does not own, control, offer or manage any Listings or Host Services. Znugle is not a party to the contracts concluded directly between Hosts and Guests, nor is Znugle a real estate broker, insurer or an organizer. Znugle is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Znugle’s role see Section 16.
We maintain other terms and policies that supplement these Terms like our Data Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by Znugle.
If you are Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
We are Znugle. Everything we do, we do it with you in mind. We are a tech company that connects the physical and digital world to make available and flexible living happen at the tap of a button for everyone, everywhere. We provide the next generation housing platform, a carefree experience for individuals and businesses to earn money on their properties, and a powerful platform to discover and find available homes and apartments for rent.
We believe in a world where housing should be accessible. So you can move and live wherever you want. In a way that’s sustainable for everyone. And regardless of your gender, race, religion, abilities, or sexual orientation, we champion your right to move and live freely and without fear. We are committed to do the right thing by our users, local communities and cities by adding dynamism and flexibility with sustainable solutions for individuals and businesses over time. We support our members, governments, housing developers and public housing solutions, together we are contributing to a diverse world and a housing market ready to meet the evolving demands of today and tomorrow.
2.1 Searching. You can search for Listings by using criteria for location. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and rental history, popularity, previous contracts and saved Listings, Host requirements, and more.
2.2 Contracting. When you contract a Listing, you are agreeing to pay all charges for your Listing including the Listing price, applicable fees like Znugle’s service fee, offline fees, taxes and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Znugle may charge and collect any security deposit identified during checkout. When you receive the contract confirmation, a contract is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Rent a Listing. A rented Listing is a limited license to enter, occupy and use the Listing. The Host retains the right to re-enter the Listing during your stay, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Host, and (iii) consistent with applicable law. If you stay past the contracted dates, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Guests.
3.1 Cancellations, Property Issues, and Refunds. In general, if you cancel a contract, the amount refunded to you is determined by the cancellation policy that applies to that Listing. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Host cancels, or you experience an issue with your Listing, you may be entitled to assistance or a partial or full refund. You may appeal a decision by Znugle by contacting our customer service.
3.2 Contract Modifications. Hosts and Guests are responsible for any contract modifications they agree to make via the Znugle Platform or direct Znugle customer service to make on their behalf (“Contract Modifications“), and agree to pay any additional amounts, fees or taxes associated with any Contract Modification.
3.3 Contract Termination. Znugle is entitled to terminate a contract with immediate effect or in the shortest possible time, in accordance with local regulations, in the event of late payment or misuse of any of the ordered services or services provided by associated partners. If Znugle terminates a contract with the Guest, the Host will be notified and asked to terminate the contract immediately through the Znugle app.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Property. For example, this means: (i) you are responsible for leaving a Property (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you have an additional guest who is a minor or if you bring a minor to a Property, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
5.1 Host. As a Host, Znugle offers you the opportunity to share your Property assets, or other Host Service with our vibrant community of Guests – and earn money doing it. It’s easy to create a Listing and you are in control of how you host – set your price, availability, and rules for each Listing.
5.2 Contracting with Guests. When you accept a contract through the Znugle Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable taxes for each contract. Znugle will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Guests must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Hosts. Your relationship with Znugle is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Znugle, except that Znugle acts as a payment collection agent as described in the Payments Terms. Znugle does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
6.1 Creating and Managing Your Listing. The Znugle Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, other charges like security deposits, offline fees, and any rules or requirements that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing for a single Property.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting, short-term rentals and/or longer-term stays. Some cities have zoning or other laws that restrict the short-term rental of residential properties. Some jurisdictions require Hosts to register, get a permit, or obtain a license before providing certain Host Services (such as short-term rentals, longer-term stays). In some places, the Host Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Guests who stay at your Property. Some jurisdictions have laws that create tenancy rights for Guests and additional obligations for Hosts. For example, some places have landlord-tenant, rent control, and eviction laws that may apply to longer stays. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Listings in search results on the Znugle Platform depends on a variety of factors, including these main parameters:
• Guest search parameters (e.g. number of Guests, time and duration, price range),
• Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Host Service, host status, age of the Listing, average Guest popularity),
• Guest experience (e.g. customer service and cancellation history of the Host),
• Host requirements (e.g. minimum or maximum length of stay), and
• Guest preferences (e.g. previous rentals, saved Listings, location from where the Guest is searching).
Znugle may allow Hosts to promote their Listings in search or elsewhere on the Znugle Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content contact our customer service.
6.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Znugle Platform except those expressly authorized as offline fees. Do not encourage Guests to create third party accounts, submit Reviews, provide their contact information, or take other actions outside the Znugle Platform.
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing Host Services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Znugle to transfer a portion of your payout to a co-host or other Hosts, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
7.1 Cancellations and Property Issues. In general, if a Guest cancels a contract, the amount paid to you is determined by the cancellation policy that applies to that reservation. As a host, you should not cancel on a Guest without a valid reason or applicable law. If you cancel on a Guest without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Guest experiences a Property Issue, (ii) an Extenuating Circumstance arises, or (iii) a contract is cancelled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Znugle exceeds your payout, Znugle may recover that amount from you, including by offsetting the refund against your future payouts. If we reasonably expect to provide a refund to a Guest, we may delay release of any payout for that contract until a refund decision is made. You may appeal a decision by Znugle by contacting our customer service.
7.2 Contract Modifications. Hosts and Guests are responsible for any Contract Modifications they agree to make via the Znugle Platform or direct Znugle customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Contract Modification.
7.3 Contract Termination. Znugle is entitled to terminate a contract with immediate effect or in the shortest possible time, in accordance with local regulations, in the event of late payment or misuse of any of the ordered services or services provided by associated partners. If Znugle terminates a contract with the Guest, the Host will be notified and asked to terminate the contract immediately through the Znugle app.
8.1 Host Taxes. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes (“Taxes“).
8.2 Collection and Remittance by Znugle. In jurisdictions where Znugle facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Znugle to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Znugle are identified to Members on their transaction records, as applicable. Znugle may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Znugle is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Znugle may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Policies. Reviews are not verified by Znugle for accuracy and may be incorrect or misleading.
Parts of the Znugle Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Znugle a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Znugle Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Data Policy. Where Znugle pays for the creation of Content or facilitates its creation, Znugle may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Znugle the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Policies, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Znugle may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Znugle does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Znugle may charge fees (and applicable Taxes) to Hosts and Guests for use of the Znugle Platform. More information about when service fees apply and how they are calculated contact our customer service. Except as otherwise provided on the Znugle Platform, service fees are non-refundable. Znugle reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect contracts made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules:
Act with integrity and treat others with respect
• Do not lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when you communicate or interact with others.
• Do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the Znugle Platform
• Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Znugle Platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Znugle Platform or Content.
• Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Znugle Platform.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Znugle Platform.
Only use the Znugle Platform as authorized by these Terms or another agreement with us
• You may only use another Member’s personal information as necessary to facilitate a transaction using the Znugle Platform as authorized by these Terms.
• Do not use the Znugle Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
• You may use Content made available through the Znugle Platform solely as necessary to enable your use of the Znugle Platform as a Guest or Host.
• Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
• Do not request, make or accept a contract or any payment outside of the Znugle Platform to avoid paying fees, taxes or for any other reason.
• Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Znugle.
• Do not engage in any practices that are intended to manipulate our search algorithm.
• Do not use, copy, display, mirror or frame the Znugle Platform, any Content, any Znugle branding, or any page layout or design without our consent.
Honor your legal obligations
• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Data Policy.
• Read and follow our Terms, Policies and Standards.
• Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your contract.
• Do not use the name, logo, branding, or trademarks of Znugle or others without permission.
• Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Znugle branding.
• Do not offer Host Services that violate the laws or agreements that apply to you.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Znugle. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Znugle. If you reported an issue to local authorities, Znugle may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Znugle Platform infringes copyrights, please notify us.
13.1 Term. The agreement between you and Znugle reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Znugle may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Znugle may also terminate this agreement immediately and without prior notice and stop providing access to the Znugle Platform if (i) you materially breach these Terms or our Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Znugle, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
13.3 Member Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Znugle otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed contracts or failed to respond to contract requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Znugle, its Members, or third parties, Znugle may:
• suspend or limit your access to or use of the Znugle Platform and/or your account;
• suspend or remove Listings, Reviews, or other Content;
• cancel pending or confirmed contracts; or
• suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Znugle and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates. Znugle may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Znugle account, any confirmed contract(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed contract(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Znugle Platform has been limited, or your Znugle account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Znugle Platform through an account of another Member.
13.6 Appeal. If Znugle takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
Znugle may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Znugle Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Znugle Platform will constitute acceptance of the revised Terms.
If a Member provides evidence that another Member has culpably damaged their real or personal property (“Damage Claim“), the complaining Member can seek compensation. If the complaining Member escalates a Damage Claim to Znugle, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Znugle determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Damage Claim, Znugle can collect any sums required to cover the Damage Claim from the responding Member and/or against any security deposit. Znugle may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Znugle requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. You may appeal a decision by Znugle by contacting our customer service. Any decisions made by Znugle in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
We offer a platform that enables Members to publish, offer, search for, and contract properties for rent and Host Services. When Members make or accept a contract, they are entering into a contract directly with each other. Znugle is not and does not become a party to or other participant in any contractual relationship between Members. Znugle is not acting as an agent for any Member except for where Znugle acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Znugle, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Znugle has no general obligation to monitor the use of the Znugle Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Znugle Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Znugle in good faith, and to provide Znugle with such information and take such actions as may be reasonably requested by Znugle with respect to any investigation undertaken by Znugle regarding the use or abuse of the Znugle Platform.
You must register an account to access and use many features of the Znugle Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Znugle Platform under the laws of your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Znugle if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Znugle Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or Znugle has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Znugle Platform. Znugle may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Znugle Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Znugle Platform.
Znugle is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Znugle’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Znugle in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Znugle is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at Znugle’s option), indemnify, and hold Znugle (including other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Znugle Platform, (iii) your interaction with any Member, stay at a Property or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
Based on your country of residence or establishment and what you are doing on the Znugle Platform sets out the Znugle entity with whom you are contracting. If we identify through the Znugle Platform, a Znugle entity other than the one set out as being responsible for a product, feature or transaction, the Znugle entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment to a country outside of the EEA, the Znugle company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.
These Terms are governed by and construed in accordance with Swedish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Swedish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Znugle’s place of business in Sweden. If Znugle wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Swedish courts.
23.1 Other Terms Incorporated by Reference. Our supplemental policies and terms linked to in these Terms apply to your use of the Znugle Platform, are incorporated by reference, and form part of your agreement with Znugle.
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Znugle and you pertaining to your access to or use of the Znugle Platform and supersede any and all prior oral or written understandings or agreements between Znugle and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Znugle. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 24.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.3 No Waiver. Znugle’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Znugle’s prior written consent. Znugle may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
23.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Znugle via email, Znugle Platform notification, messaging service (including SMS), or any other contact method we enable you to provide.
23.6 Third Party Services. The Znugle Platform may contain links to third party websites, applications, services or resources (“
Third Party Services”) that are subject to different terms and privacy practices. Znugle is not responsible or liable for any aspect of such Third Party Services and links to such Third Party Services are not an endorsement.
23.7 Google Terms. Some translations on the Znugle Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Znugle Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the
Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to
Apple’s Licensed Application End User License Agreement.
23.9 Znugle Platform Content. Content made available through the Znugle Platform may be protected by copyright, trademark, and/or other laws of your country of residence. You acknowledge that all intellectual property rights for that Content are the exclusive property of Znugle and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Znugle Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Znugle grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Znugle Platform and accessible to you, solely for your personal and non-commercial use.
23.10 Force Majeure. Znugle shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Znugle account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Znugle Account. If you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
23.12 Contact Us. If you have any questions about these Terms please contact our customer service.