Terms of service.

Please familiarize yourself with the Terms of Service below as well as our Booking Rules, House Rules, Privacy Policy, and Good Neighbor Policy, which are incorporated into these Terms of Service by this reference.

Welcome to the Terms of Service (these “Terms”) for the website, https://www.Zenice.com/ (the “Website”), and the related mobile applications (the “App”) operated on behalf of Zenice LLC (“Company”, “we” or “us ”). The Website and any content, tools, features, and functionality offered on or through our Website and App are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. The arbitration clause is governed by federal law. You have the right to opt-out of arbitration as explained in Section 9.

Table of Contents

1. WHO MAY USE THE SERVICES
2. USER ACCOUNTS AND SUBSCRIPTIONS
3. ORDERS FOR PRODUCTS AND/OR SERVICES
4. LOCATION OF OUR PRIVACY POLICY
5. RIGHTS WE GRANT YOU
6. OWNERSHIP AND CONTENT
7. THIRD PARTY SERVICES AND MATERIALS
8. DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION
9. ARBITRATION AND CLASS ACTION WAIVER
10. ADDITIONAL PROVISIONS
11. EVICTION, CRIMINAL PROSECUTION AND RELATED REMEDIES FOR UNAUTHORIZED USE, FRAUD AND OTHER MISCONDUCT OR VIOLATION OF CERTAIN TERMS AND CONDITIONS AND POLICIES
12. DATA DELETION INSTRUCTIONS

1. Who May Use the Services

You must be 21 years of age or older to become a Zenice member and use the Services. Guests of Zenice members who are 18 years of age or older may use certain features of the Services but are not eligible to become Zenice members or book experiences. Certain Services may carry additional requirements, including higher age restrictions, a valid driver’s license and car insurance. You are prohibited from using the Services if you are (a) a resident of any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you meet these requirements.

2. User Accounts and Subscriptions

2.1. Creating and Safeguarding your Account. To use the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account by clicking on the “Profile” menu in the App. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at Legal@Zenice.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account or if we previously banned you from any of our Services, unless we provide written consent otherwise.

2.2 Subscription Renewals and Cancellations. You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then yearly) and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription before the subscription period renewal date by signing into your Account in the App, navigating to “Subscription” under the “Profile” menu and clicking the “Cancel” button.

2.3 Subscription Payment. If you buy or subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, Apple Pay or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility.

2.4 No Subscription Refunds. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits for partially used periods. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

3. Orders for Products and/or Services

3.1 Payment . The Services may permit you to purchase certain other products or services, including products or services of third parties that are offered through the Services (“Offerings ”). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card, PayPal, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount ”), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. Payment can be made by credit card, debit card, or through Apple Pay or other means that we may make available. Orders will not be processed until payment has been received in full, and any holds on your account any payment processor are solely your responsibility.

3.2 Promotional Codes . We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for discounts on future Offerings, or other features or benefits related to the Services, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promotional Code; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

3.3 Gift Cards. Tangible and/or digital gift cards containing stored money value may be offered by us for the purchase of Offerings (“Gift Cards”). You acknowledge that the Company does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant to the Company that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and the Company will not assess a service fee or dormancy fee with respect to a Gift Card.

3.4 Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings. While we attempt to be as accurate as we can in our descriptions for the Offerings, we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free. If an Offering itself is not as described on the Services, your sole remedy is to return it (for physical products, in unused condition). The inclusion of any Offerings for purchase through the Services at a particular time does not imply or warrant that the Offerings will be available at any other time. We reserve the right to change prices for Offerings displayed on the Services at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting of such new Offering prices to the Services and/or upon making the customer aware of the pricing error.

3.5 Order Acceptance; Shipment. Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.

3.6 No Returns, Refunds or Exchanges. All Services are non-refundable and are not eligible for returns or exchanges.

3.7 No Delivery to Children. Users are not allowed to give the Company the personal information of any persons under the age of 13 for delivery or shipping purposes or any other reason.

4. Location of Our Privacy Policy

4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.

4.2 House Rules. Our House Rules, incorporated herein by reference, describes the rules you are required to abide by during your experience trip at a Zenice property.

4.3 Car Rental Policy, which is a part of the rental agreement is also incorporated herein by this reference.

5. Rights We Grant You

5.1 Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms in connection with all such use. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access materials provided to you as part of the Services, in each case for the sole purpose of enabling you to use the Services as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Company, in its sole discretion, may elect to take.

5.2 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so: - (a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms; - (b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same; - (c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services; - (d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services; - (e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; - (f) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same; - (g) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services; - (h) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services; - (i) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same; - (j) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; - (k) submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable; - (l) consume alcohol in connection if you are under the age of 21 or furnish alcohol to anyone under the age of 21 in connection with your use of the Services - (m) consume any drugs or substances that are illegal under applicable law in connection with your use of the Services - (n) violate any of the House Rules or Car Rental Policy - (o) violate any applicable law or regulation in connection with your access to or use of the Services; or - (p) access or use the Services in any way not expressly permitted by these Terms.

5.3 Use of the App . You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in, or that orders for Offerings can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt-in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.

5.4 Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

6. Ownership and Content

6.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.

6.2 Ownership of Trademarks. The Company’s name, the Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6.3 Ownership of Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property right) that you may have in and to any and all Feedback.

6.4 Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content ”). In order to operate the Service, we must obtain from you certain license rights in Your Content so that actions we take in operating the Service are not considered legal violations. Accordingly, by using the Service and uploading Your Content, you grant us a license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content but solely as required to be able to operate and provide the Services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing such Services, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other users of the Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Services. To the fullest extent permitted by applicable law, the Company reserves the right, and has absolute discretion, to remove, screen, edit, or delete any of Your Content at any time, for any reason, and without notice. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

6.5 Notice of Infringement – DMCA (Copyright) Policy

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: - (a) identification of the copyrighted work that is claimed to be infringed; - (b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service; - (c) information for our copyright agent to contact you, such as an address, telephone number and e-mail address; - (d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; - (e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and - (f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. Notices of copyright infringement claims should be sent by mail to: Legal@Zenice.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

7. Third Party Services and Materials

7.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications, or materials from third parties (“Third Party Materials”) or provide links to certain third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

8. Disclaimers, Limitations of Liability and Indemnification

8.1 Disclaimers . - (a) Your access to and use of the Services, Properties and the Tesla are at your own risk. Some Properties have pools, hot tubs, golf carts, e-bikes and watercraft and some are located on oceans, ocean Cliffs, mountainsides, bays, lakes and rivers. Each and all of these activities and locations and instrumentalities have inherent risks associated with them. You acknowledge these risks and the need to exercise appropriate care when using the Services, Properties and the Tesla. You understand and agree that the Services, Properties and the Tesla are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “the Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein. - (b) THE COMPANY ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. - (c) YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY ENTITIES WILL BE RESPONSIBLE FOR.

8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content, or (e) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

9. Arbitration and Class Action Waiver

9.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action. This Arbitration Agreement is governed by federal law.

9.2 Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, videoconference or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.

9.3 Waiver of Class Actions and Class Arbitrations. You and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.

9.4 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.

9.5 Opt-Out. You have the right to opt-out and not be bound by the arbitration and waiver of class provisions set forth in these Terms by sending written notice of your decision to opt-out to Legal@Zenice.com or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms (or if this Section 9 is amended hereafter, within 30 days of such amendment being effective), otherwise, you shall be bound to arbitrate disputes in accordance with these Terms, and the notice must specify your name and mailing address. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

9.6 Exceptions. Notwithstanding anything in these Terms to the contrary, You may instead assert your Claim in “small claims” court, but only if your Claim qualifies, your Claim remains only in such court, and your Claim remains on an individual, non-representative and non-class basis. Further, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, or if the Claim relates to intellectual property infringement or misappropriation.

10. Additional Provisions

10.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any Offerings. You may receive SMS from "ZENICE" or 926338. You also understand that you may opt out of receiving text messages from us at any time, either by replying with the word “STOP” using the mobile device that is receiving the messages, or by contacting Legal@Zenice.com. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

10.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

10.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. the Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

10.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

10.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

10.6 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the arbitration venue set forth in Section 9, or if arbitration does not apply, then the state and federal courts located in Austin, Texas. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

10.7 How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at Legal@Zenice.com.

11. Eviction, Criminal Prosecution and Related Remedies for Unauthorized Use, Fraud and Other Misconduct or Violation of Certain Terms and Conditions and Policies

11.1 Eviction from the Property and Criminal Prosecution. You acknowledge that Zenice has the right to evict any guest from the property and cancel any existing rental agreement, without credits or refund, for misrepresentations in the booking process, misrepresentations in the rental agreement, use of false payment or identification methods, failure to vacate the premises at the end of the agreed rental term, or other violation of these Terms of Service, the Good Neighbor Policy, Booking Policy, House Rules, and Tesla Policy. If you are on the premises by false pretenses of any kind, including but not limited to credit card fraud or impersonation, you will be considered to have criminally trespassed on the property and stolen our services, and you will be prosecuted to the fullest extent of the law. Zenice has the right to evict you from the premises for any violation of the above policies and may call the police to assist us in doing so and/or to press criminal charges when appropriate. Please also be aware that if the Police are called to the home for any reason we reserve the right to have them evict you from the property immediately.

11.2 Tesla Related Unauthorized use and Criminal Prosecution. Every person who will drive the Tesla is required to complete the verification and authorization process—including completing the Tesla Rental Agreement in the Zenice App. If a driver fails to complete this process and uses the vehicle, they will be considered to be an unauthorized user of the Tesla, and we and the police will treat the vehicle as if it has been stolen. We reserve the right to press criminal charges if any person uses the Tesla without authorization. To be very clear, even if you find the Tesla unlocked, or a key has been inadvertently left outside the vehicle, you are not authorized to use the vehicle unless and until you complete the verification and authorization process and the Tesla Rental Agreement. There are no exceptions to this policy.

12. Data deletion Instructions

By applicable laws and regulations, we will delete or anonymize personal information once it is no longer needed for its intended purpose or upon request from the individual whose data is being stored. To delete your account and associated personal data, please access your profile within the Mobile App and select the "Delete your account" option; if you experience any problems, contact us at hello@Zenice.com.

Please note that some data may need to be retained for legal or regulatory purposes, and in such cases, we will ensure that it is kept secure and confidential. By using our services, you agree to our data deletion instructions and acknowledge that we will do our best to comply with all applicable data protection regulations

13. IMPORTANT WARNINGS & DISCLAIMERS

1. Sauna Summary Directions: To use the Sauna follow the following directions:

1. First, take a shower, then fully dry off. This supports the benefits you’ll experience as it increases perspiration, keeps the sauna clean for you to enjoy while you are here, and is respectful for providing the next guests a clean environment. Do not enter sauna while wet or dirty or it may cause damage and/or excessive cleaning fees.

2. Remove jewelry, some or all clothing, and DO NOT enter with ANY food or drink. The only water that should be in the sauna is your sweat. Drink water before & after use instead. Do not enter sauna with any water, food or drink or you may be charged.

3. Grab 3 new towels to stay comfy & clean: 1 for the floor below your feet, 1 for the bench where you’ll sit, and 1 to wear/wrap around you. Towel off during your sauna session to stay dry, experience more benefits as you perspire more freely, keep the sauna clean to avoid fees for excessive dirtiness.

4. Pre-heat your sauna, which takes about ~30 minutes to reach 120F. Press the "Power" button to turn it on, adjust the temperature to your desired temperature, and adjust the time to your desired time. We suggest not exceeding 125F or 20 minutes in sauna session length.

5. Most importantly: Relax & enjoy! You deserve to take some me-time! Exit sauna if you are not feeling well.

6. Once done, wipe down any sweat you may have left on the floor or bench, and remove your towels from the sauna. Make sure to watch your step, especially around stairs. Wet surfaces can be slippery. We appreciate you being respectful of someone's home!

IMPORTANT NOTE: You must review, accept, & comply with all Warnings, Safety Instructions, Disclaimers, Waivers, & Releases prior to entry and/or usage of Sauna. These include but are not limited to: Hydrating before & after usage of sauna, consulting with your physician before use (especially those who take medication, have a medical condition or injury or implant), being 18+, supervising minors at all times, not using any drugs or alcohol before or during sauna usage, and more.

2. Clearlight Sauna Tips:

TIPS

Stay well hydrated. Drink liquids prior to and after your session.
Don’t let yourself get overheated.
Core body temperatures of children, the elderly and the infirm can rise more quickly than those of adults. To reduce the risk of injury, do not allow children, the elderly or infirm to use the sauna unless they are closely supervised.
Taking a shower or bath before a sauna session tends to increase perspiration as bathing opens the pores.
Limit food intake an hour before your sauna session. Your body will be able to detox more effectively because it will not be using that energy for digestion.
Towel off during your session. This will help the body perspire more freely.
To relieve sore and tight muscles, massage those areas for faster healing and effectiveness.
Oil and lotions tend to decrease perspiration by blocking pores. Apply these after your session for best results.
Some minerals can be lost in perspiration. Eating a sensible diet including fruits and green leafy vegetables will replace these. Supplements can also be taken to replenish minerals.
At the first sign of cold or flu, increasing your sauna sessions may be beneficial in boosting your immune system and decreasing the reproductive rate of the viruses.
Consult your physician for the proper treatment for this, or any other condition.
As you become more heat conditioned *, you may wish to increase the length of your sauna session. This is especially useful for soft tissue therapy. (Make sure to stay hydrated.)
Never sleep inside the sauna while the unit is in full operation.
Do not use the sauna following strenuous exercise. Wait at least 15 minutes to allow the body to cool down completely.

* Heat acclimatization, hyperthermic conditioning and hormesis are all significant benefits from sauna therapy. This phenomenon of increased fitness from heat exposure is demonstrated in many clinical references.

2. Clearlight Sauna Intake/Waiver:

Using Far infrared saunas may put yourself at risk if you do not fully understand

how to use the sauna. Far infrared saunas creating a cure for or treating any

disease is neither implied nor should be inferred.

It is not recommended to attempt to self-treat any disease with a far infrared sauna

without direct supervision of a certified physician. If any of the items listed below

apply to you, be certain to consult with your physician before using a far infrared

sauna.

Hydration is a requirement as your body will sweat during sauna use. Drinking

water is recommended before and after sauna use. Caffeinated beverages are not

recommended as they dehydrate the body.

MEDICATIONS

Individuals who are using prescription drugs should seek the advice of their

personal physician or a pharmacist for possible changes in the drugs effect when

the body is exposed to Far infrared waves or elevated body temperature. Diuretics,

barbiturates and beta-blockers may impair the body's natural heat loss

mechanisms. Some over the counter drugs such as antihistamines may also cause

the body to be more prone to heat stroke.

CARDIOVASCULAR CONDITIONS

Individuals with cardiovascular conditions or problems (hypertension I

hypotension), congestive heart failure, impaired coronary circulation or those who

are taking medications, which might affect blood pressure, should exercise extreme

caution when exposed to prolonged heat. Heat stress increases cardiac output,

blood flow, in an effort to transfer internal body heat to the outside environment via

the skin (perspiration) and respiratory system. This takes place primarily due to

major changes in the heart rate, which has the potential to increase by thirty (30)

beats per minute for each degree increase in core body temperature.

ALCOHOL

Contrary to popular belief, it is not advisable to attempt to "Sweat Out" a hangover.

Alcohol intoxication decreases a person's judgment; therefore, they may not realize

it when the body has a negative reaction to high heat. Alcohol also increases the

heart rate, which may be further increased by heat stress.

CHRONIC CONDITIONS / DISEASES ASSOCIATED WITH A REDUCED ABILITY TO

SWEAT OR PERSPIRE

Parkinson's disease, Multiple Sclerosis, Central Nervous System Tumors, and

Diabetes with neuropathy are conditions that are associated with impaired

sweating.

HEMOPHILIACS / INDIVIDUALS PRONE TO BLEEDING

The use of Infrared should be avoided by anyone who is predisposed to bleeding.

FEVER, INSENSITIVITY TO HEAT, PREGNANCY

An individual that has a fever, insensitivity to heat, and pregnancy should not use

the sauna.

JOINT INJURY

If you have a recent (acute) joint injury, it should not be heated for the first 48

hours after an injury or until the hot and swollen symptoms subside. If you have a

joint or joints that are chronically hot and swollen, these joints may respond poorly

to vigorous heating of any kind. Vigorous heating is strictly contraindicated in cases

of enclosed infections be they dental, in joints, or in any other tissues.

IMPLANTS

Metal pins, rods, artificial joints or any other surgical implants generally reflect Far

infrared waves and thus are not heated by this system, nevertheless you should

consult your surgeon prior to using an Infrared Sauna. Certainly, the usage of an

Infrared Sauna must be discontinued if you experience pain near any such

implants. Silicone does absorb Far infrared energy. Implanted silicone or silicone

prostheses for nose or ear replacement may be warmed by the Far infrared waves.

Since silicone melts at over 200°C (392°F), it should not be adversely affected by

the usage of an Infrared Sauna. It is still advised that you check with your surgeon

and possibly a representative from the implant manufacturer to be certain.

SERVICES WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

I am fully aware of the risks and hazards connected with the use of the Equipment,

including the risk of physical injury or disability as the result of such injury, and I

am voluntarily participating in said Equipment usage, and entering the above

named premises to engage in such usage. I VOLUNTARILY ASSUME FULL

RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL

INJURY that may be sustained, or any loss or damage to property as a result of

being engaged in such an activity.

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from

any loss, liability, damage or costs that may incur due to the use of Equipment by

me.

It is my express intent that this Release and Hold Harmless Agreement shall bind

the members of my family and spouse (if any), if I am alive, and my heirs,

assignees and personal representative, if I am not alive, and shall be deemed as a

RELEASE, WAIVER, AND DISCHARGE of the above named RELEASEES. I hereby

further agree that this Waiver of Liability and Hold Harmless Agreement shall be

construed in accordance with the laws of the State of TEXAS.

I understand that the RELEASEES will not be responsible for any medical costs

associated with any injury.

I understand that Sauna is provided for the basic purpose of relaxation, stress

reduction, relief of muscular tension, and recovery from muscular tension. I further

understand that Infrared Sauna should not be construed as a substitute for medical

examination, diagnosis, or treatment and that I should see a physician,

chiropractor, or other qualified medical specialist for any mental or physical ailment

that I am aware of.

My booking of the home OR entrance to the home OR entry to and/or usage of the sauna constitutes my signing & acknowledgment that (1) I have read,

understand, and fully agree to the foregoing CONSENT, (2) infrared sauna process

has been satisfactorily explained to me and I have all of the information I desire

and (3) I hereby give my authorization and consent. This CONSENT shall stand as

long as I use the Equipment at the location now and in the future.

I have read the instructions for proper use of the facilities and do so at my own risk

and hereby release the owners, operators, franchisers, or manufacturers, from any

damage or harm that I might incur due to use of the facilities.

IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read

and understand the foregoing Waiver of Liability and Hold Harmless Agreement; I

am at least eighteen (18) years of age and fully competent; I have given up

considerable future legal rights; and I execute this Release freely, voluntarily,

under no duress or threat of duress, without inducement, promise or guarantee

being communicated to me.

Furthermore, I agree that I will comply with all instructions on the use of infrared

sauna devices and that I am using these services at my own risk.

3. Hot Tub Summary Directions:

1. First, take a shower, then fully dry off. This supports the benefits you’ll experience as it increases perspiration, keeps the hot tub clean for you to enjoy while you are here, and is respectful for providing the next guests a clean environment. Do not enter hot tub while wet or dirty or it may cause damage and/or excessive cleaning fees.

2. Put on clean bathing suits, remove jewelry, and DO NOT enter with ANY food or drink. Drink water before & after use. Do not enter hot tub with any food or drink or you may be charged.

3. Grab 2 new towels to stay comfy & clean: 1 to fully dry off your body after exiting the hot tub, and 1 for just outside the hot tub to dry off your feet when you step out. Keep the hot tub clean to avoid fees for excessive dirtiness.

4. Open/lift the hot tub cover off of the hot tub. Please ensure to fully & properly lean and/or secure the hot tub cover so that it does not fall or close on you. Additionally, avoid using the hot tub if there are high wind speeds to help avoid the cover from falling on you.

5. Adjust the hot tub to your desired temperature using the keypad display screen on the hot tub. To unlock the screen, simply drag the Wellis logo into the other Wellis logo. You may then adjust the temperature up or down or turn the jets on or off. Please avoid touching any other settings. We suggest not exceeding 100F or 10 minutes in hot

tub session length. We suggest lower water temperature if you exceed 10 minutes in usage. The hot tub is typically left around 98F to 100F.

5. Most importantly: Relax & enjoy! You deserve to take some me-time! Exit hot tub if you are not feeling well.

6. Once done, please adjust the temperature to 100F, turn off any jets, and carefully fully re-attach the hot tub cover after use. Keeping the hot tub covered after usage will help ensure it holds the temperature for your next usage, helps avoid damage and/or excessive cleaning fees, and helps ensure that the hot tub is ready for future guests. Make sure to watch your step, especially around stairs. Wet surfaces can be slippery. We appreciate you being respectful of someone's home!

IMPORTANT NOTE: You must review, accept, & comply with all Warnings, Safety Instructions, Disclaimers, Waivers, & Releases prior to entry and/or usage of Hot Tub. These include but are not limited to: Keeping electronics away from the hot tub, hydrating before & after usage of hot tub, consulting with your physician before use (especially those who take medication, have a medical condition or injury or implant), being 18+, supervising minors at all times, not using any drugs or alcohol before or during hot tub usage, and more.

4. Hot Tub Intake/Waiver:

Using Hot Tubs may put yourself at risk if you do not fully understand

how to use the Hot Tub. Hot Tubs creating a cure for or treating any

disease is neither implied nor should be inferred.

It is not recommended to attempt to self-treat any disease with a Hot Tub

without direct supervision of a certified physician. If any of the items listed below

apply to you, be certain to consult with your physician before using a Hot Tub.

Hydration is a requirement as your body will sweat during hot tub use. Drinking

water is recommended before and after hot tub use. Caffeinated beverages are not

recommended as they dehydrate the body.

MEDICATIONS

Individuals who are using prescription drugs should seek the advice of their

personal physician or a pharmacist for possible changes in the drugs effect when

the body is exposed to elevated body temperature. Diuretics,