Last updated 13th September 2021
Zuko is a service provided by Formisimo Ltd whose registered address is at Colony, 5 Piccadilly Place, Manchester, M1 3BR. Formisimo Limited is a company incorporated in England and Wales (registered number: 08859680).
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, Zuko and the functions Zuko performs and the Zuko
privacy policy.
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.
Billing period
Either monthly rolling, or annually, depending on the plan chosen.
Payment terms
Payment shall be made upfront for the entirety of the billing period, upfront, and is non-refundable.
Zuko is offered as a Paid Plan.
The Paid Plan will record form views every month that payment is received. Recording is limited by the number of visits you have chosen and paid to record every month. Any unused visits within the month are not carried forward to the next month.
All fees related to the use of Zuko are paid in advance and no fees are refundable.
If any fees related to the use of Zuko are unpaid and outstanding, Formisimo Ltd reserves the right to close the Zuko subscription account and remove all associated user access accounts and recorded data.
Cancellation
Renewal of the contract can be cancelled by You by serving written notice not less than thirty (30) days prior to the final day of the contracted Billing Period. Failure to provide notice will mean that the contract automatically renews for the same length of time as the initial agreement period.
No premature cancellation can be accepted during your agreement period.
Your account and any data recorded on your account will remain available for a period of at least 30 days following the end of the last billing period.
No further payments will be taken after your cancellation request has been processed. Once your account is closed, we recommend that you remove the Zuko JavaScript code from your web site.
Formisimo Ltd reserves the right, at its discretion, for any reason to:
- Refuse any new account subscription
- Suspend or terminate any active account.
Violation of any of these terms and conditions may result in the immediate termination of your Zuko account.
Scope of Services
Zuko is offered as a subscription-based service. The creation of a subscription requires the completion of a Zuko account registration process. You must provide accurate and complete information to Formisimo Ltd as part of the Zuko account registration process.
On successful completion of the Zuko account registration process, you will be provided with the necessary code snippets to implement Zuko on your website and a username and password to use to access the Zuko reporting console.
You are solely responsible for any and all activities that relate to your Formisimo Ltd and Zuko service account. You may not use Zuko for any illegal or unauthorized purpose, nor violate any applicable laws.
User Licence
Formisimo Ltd grants you a non-exclusive licence allowing you to use Zuko for the duration of this agreement. The licence granted shall start on the date the subscription account is created and continue until this agreement is terminated.
You agree and allow Zuko to collect, store and process data from your web site. Zuko does not collect any of the detailed information that form users enter; it records keypresses and mouse clicks, and the type of key pressed (Number, alpha, other). We do not store what data the user entered. The data that drive the statistics within Zuko is stored on Amazon Web Services. You are responsible for the correct implementation of Zuko under applicable laws. You will have and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to your website; providing appropriate statements of disclosure regarding your use of Zuko.
Zuko provides a range of product features and has been built and tested to work with the most common types of websites. There may be some elements of an individual web site that cannot be recorded successfully by Zuko. You are recommended to review a detailed product overview document for more information and clarification of the product features available with Zuko. If the code added to your website interferes with your site in any way and causes it to not function properly (stops it working properly, or stops people being able to submit their forms for instance) Zuko and Formisimo Ltd are not liable.
At any point in time, some of the functionality available within Zuko may be changed, updated, enhanced or removed with the intention of improving the overall value created for users of the product and you acknowledge that these changes may be made.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Zuko, or any other Formisimo service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Zuko or Formisimo Ltd's service, or access to Zuko without the express written permission by Formisimo Ltd.
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 username and password with any other individual. You are responsible for maintaining the security of your Zuko 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.
Confidentiality
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
In order to manage our relationship with you, Zuko will hold and process some personal information such as contact information. Where we do this, Zuko will act as the Data Controller of this information and the information will be processed under the terms of our
privacy policy. We will collect, process, and hold your personal information in accordance with the provisions of UK 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.
In the case of the user data captured during the installation of Zuko tracking on your site, Zuko will act as a data processor (with you as the data controller). In agreeing to these terms, you confirm that you are the controller of end user data processed under this agreement and that Zuko is the processor and may process personal data on your behalf.
Although Zuko does not capture or process directly identifiable information from end users (name, email, phone, etc), the technology does utilise some identifiers (Zuko Visitor ID) that may be classed as PII under GDPR. You can find full details of this information in our categories of
end user personal data summary.
By using Zuko, you shall be solely and exclusively responsible for the lawfulness of the processing of such personal data of your end users and other protected information. This includes obtaining any consent that you are legally or contractually required to obtain from your end users/customers.
You shall comply with all laws applicable to the processing of personal data by you in connection with the use of Zuko. For the avoidance of doubt, this includes any processing you carry out after exporting or downloading end user data from the Zuko and subsequently processing it for your own purposes.
Zuko’s processing obligationsAs part of this agreement you are confirming that Zuko will process your end user data under the terms and obligations of this data processing agreement. Full details of the data processing agreement can be found
here.
Service Failures
Formisimo Ltd does not guarantee and shall have no liability for, any Services 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 Ltd’s 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.
Publicity
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, except where this is caused by such party’s breach or negligence, even if Formisimo or a Formisimo authorized representative has been notified orally or in writing of the possibility of such damage. The liability of each party under this agreement shall be limited to the amounts paid under this agreement. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on 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.
Applicable Law
This agreement shall be governed by the laws of England and Wales.
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