Zuko is a service provided by Formisimo Ltd whose registered address is at 5th Floor, Arrive, White Tower, MediaCityUK, Salford, M50 2NT.
Formisimo Limited is a company incorporated in England and Wales (registered number: 06760888).
By accessing the Formisimo or Zuko web site and creating a subscription to Zuko, you are agreeing to be bound by these terms and conditions of use. You also agree that you are responsible for compliance with any applicable local laws and regulations.
If you are working on behalf of a client who has delegated authority to you to add website analytics tools to their website, it is your responsibility to ensure that your client is aware of Formisimo, the Zuko and the functions Zuko performs and the Formisimo privacy policies.
If you do not agree with any of these terms, you are prohibited from using this site or creating a user subscription to use Zuko.Security
Your Zuko account is protected by a username and password and should be accessed only by you or authorized third parties. For maximum protection, you should protect against unauthorized access to your username and password and remember to log off when using any shared computer or device.
Formisimo Ltd has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited access and SSL encryption to protect the transmission of data. However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access your data, the information you provide to Formisimo Ltd, the information we compile on your behalf, and/or information that we collect about you. Formisimo Ltd cannot guarantee the security of such information and is not responsible for unauthorized access to client accounts.
You should not share your Zuko account user name and password with any other individual. You are responsible for maintaining the security of your Formisimo user account name and password. We advise that you do not share your username and password with anyone, and change it at least monthly.
Formisimo Ltd is not liable for any loss and/or damage resulting from your failure to comply with this obligation. You should notify Formisimo Ltd immediately upon learning of any unauthorized use of your Zuko account or any other breach of security.From time to time, staff employed by Formisimo Ltd may require access to your Zuko account and the information recorded within it for the purposes of product support, audit, maintenance and enhancement. You hereby agree and authorise access to the data recorded within your account by Formisimo Ltd staff for these purposes.
Upon signing, Formisimo Ltd agrees to keep in strict confidence and in safe custody, any Information disclosed to Formisimo Ltd by you. Formisimo Ltd also undertakes that it shall not (without the prior consent in writing by you) release any press statement or make any other announcement or public statement regarding your use of Zuko.
GDPR & Privacy
Zuko does not track data that would be classified as personal information and does not fall under the scope of GDPR. However, we do process some personal information, such as contact details, in order to contact you and manage our relationship with you. Where we do this, we will collect, process, and hold your personal information in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
Complete details of our collection, processing, storage, technical and organisational measures for maintaining integrity and confidentiality and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it and the security measures in place to guard against unauthorised or unlawful processing, access, disclosure, copying, modification, storage, reproduction, display or distribution of personal data, will be made available to you on request.
Each Party acknowledges that it is a data controller in its own right and both Parties shall provide assistance to the other in responding to any request from a data subject, notifications of personal data breaches, impact assessments and consultations with supervisory authorities or regulators.
Formisimo Ltd does not guarantee and shall have no liability for, any Services downtime, including, without limitation, any downtime
caused by outages to any public Internet backbones, networks or servers;
caused by any failures of your equipment, systems or local access services;
for previously scheduled maintenance;
or relating to events beyond Formisimo Ltds control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Formisimo or your servers are located or co-located.
Upon accepting these terms and conditions, you grant us unlimited permission to display your name, logo, and testimonials solely for marketing purposes and to identify you as a current or previous user of the Software and the service.Disclaimer
The materials on Formisimo's web site are provided (as is). Formisimo Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Formisimo Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.Limitations
In no event shall Formisimo Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Formisimo Ltd's site or Zuko Service, even if Formisimo or a Formisimo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You agree to indemnify, hold harmless and (if requested by Formisimo) defend Formisimo, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against Formisimo or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Formisimo or any of its officers, directors, employees, agents or affiliates, arising out of or relating to your breach of any term or condition of this Agreement,your use of the Services, or your unauthorized use of the Formisimo Ltds' Zuko Script.
In such instances, Formisimo will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to Formisimo within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defence of any claim. Formisimo reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.Revisions and Errata
The materials appearing on Formisimo's web site or Zuko Service could include technical, typographical, or photographic errors. Formisimo does not warrant that any of the materials on its web site are accurate, complete, or current. Formisimo may make changes to the materials contained on its web site at any time without notice. Formisimo does not, however, make any commitment to update the materials.
This agreement shall be governed by the laws of England and Wales.