ZENCITY PLATFORM DESCRIPTION OF SERVICES AND TERMS OF SERVICE

Description of Services

Zencity is a platform for understanding people in the city on a wide scale. With the use of advanced AI algorithms, we analyze data from social media, city hotlines and other relevant sources, and provide local government stakeholders with detailed, real time insights about how their citizens view and use the city. The analysis can be accessed through a web–based interface on desktop and mobile devices. The Zencity platform collects data about citizen interactions from a variety of sources and analyzes them in real time using a set of Machine-learning based algorithms. The analyzed data can be accessed via a variety of graphs on our admin dashboard.

  1. DATA SOURCES

    • Facebook – we analyze all interactions (posts, comments, likes, tags etc.) from public pages and public groups, both official and unofficial. This includes official accounts of the city and other agencies, resident groups, accounts of local businesses, community organizations, causes and any other relevant page or open group.

    • Twitter – apart from the same analysis employed on facebook, on twitter we also collect all geotagged interactions in the area and all interactions mentioning specific hashtags or keywords.

    • City Hotline reports – we take all city hotline reports from your database.

    • Additional sources – we may be able to incorporate other relevant data sources identified, such as local news sites, community message boards, other social media platforms etc. General new data sources implemented (such as new social media platforms) will be offered once they are available. Unique sources (such as local news sites) will be discussed and agreed upon by both sides.

  2. USERS AND PERMISSIONS: The basic package includes up to 75 users within the organizations with varying permissions. Permissions will be set by the customer’s project lead. 


Zencity Platform Terms of Service

  1. SOFTWARE LICENSE & SUPPORT SERVICES. Zencity hereby grants to Customer a personal, non-exclusive, non-transferable limited licence to use the Zencity Platform. The term “use” shall be only in accordance with the confidentiality provisions of this Terms of Service (“TOS”) and shall include the rights to use the Zencity Platform only for the use of the Customer’s organization, company or institution. The term “use” shall not include: (i) the right to make, use, or sell products incorporating the Zencity Platform, or (ii) the right to sub-license the Zencity Platform. No right is granted to the source code of the Zencity Platform or to create derivative works thereof or to transfer ownership of the media containing such software except as a part of, or with, or for use in the equipment with which it operates. Routine customer support is available via email. Any claim will be answered within 24 hours of report. During the Term, Customer may have access to updates upon request at no additional cost. Updates shall mean certain new features as determined by the company, or fixes of minor errors in the Zencity Platform which are incorporated in a new release of the Zencity Platform. Certain upgrades can be delivered to Customer upon commercial terms and conditions to be agreed upon. Upgrades shall mean enhancements, new functionalities which are added into the Zencity Platform.

  2. RESTRICTIONS AND RESPONSIBILITIES. Customer agrees not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Zencity Platform, Documentation or data related to the Zencity Platform, except to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the Zencity Platform; or copy, reproduce, rent, lease, distribute, assign, sell, or otherwise dispose of the Zencity Platform, in whole or in part, or otherwise commercially exploit, transfer, or encumber rights to the Zencity Platform; or remove any proprietary notices. Customer will use the Zencity Platform only in compliance with all applicable laws and regulations (including, but not limited to, any export restrictions). Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to, access or otherwise use the Zencity Platform and Customer shall also be responsible for (a) ensuring that such equipment is compatible with the Zencity Platform, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) for all uses of Customer user accounts with or without Customer’s knowledge or consent.

  3. PROPRIETARY RIGHTS. Zencity retains all right, title, and interest in the Zencity Platform, documentation and any future modifications and enhancements thereof, and all intellectual property rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature) therein. Customer is granted only a limited right of use to the Zencity Platform and documentation as set forth herein, which right of use is not coupled with an interest and is revocable in accordance with the TOS.

  4. DATA LICENSE. Customer grants Zencity a non-exclusive, transferable, perpetual, worldwide, and royalty-free license to use any data or information provided by Customer for use in, by or in connection with the Zencity Platform, any information collected, and/or any analysis of any such information conducted by the Zencity Platform.

  5. PAYMENT OF FEES.  The fees for the Zencity Platform (“Fees“) are set forth in the applicable Quote. The Customer will be billed for the full term specified in the applicable Quote on date of first onboarding. Customer shall pay all Fees within thirty (30) days after the date of Zencity’s invoice. 

  6. TERM & TERMINATION. The term of this TOS shall be from the Effective Date on the Quote and shall continue until the End Date specified on the Quote. After the first Term, these TOS and Quote shall be automatically renewed for the same period of time as the original Quote, with same terms and conditions, unless expressly terminated by written notice by one party to the other three (3) months before the automatic renewal date. If either party materially breaches any term of this TOS and fails to cure such breach within thirty (30) days after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may terminate this TOS immediately upon notice. Upon termination, Customer will pay in full for the Zencity Platform up to and including the effective date of termination. Upon any termination of this TOS: (a) the license of the Zencity Platform hereunder shall immediately terminate; and (b) each party shall return to the other party or, at the other party’s option, destroy all Confidential Information of the other party in its possession.All sections of this TOS which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

  7. MISCELLANEOUS.  Zencity could use Customer’s name for marketing purposes in connection with Zencity’s marketing materials.

  8. WARRANTY AND DISCLAIMER. Zencity represents and warrants that: (i) it has all right and authority necessary to enter into and perform this TOS; and (ii) the Zencity Platform shall perform in accordance with generally prevailing industry standards. Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this TOS; (ii) it owns all right, title, and interest in and to all data provided to Zencity (if any) for use in connection with this TOS, or possesses the necessary authorization thereto; and (iii) Zencity’s use of such materials in connection herewith will not violate the rights of any third party. Zencity does not warrant that use of the Zencity Platform will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Zencity Platform. Except as set forth in this section, the Zencity Platform is provided “as is” and Zencity disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Zencity does not warrant that any or all failures, defects or errors will be corrected, or warrant that the functions contained in the zencity platform will meet customer’s requirements.  

  9. LIMITATION OF LIABILITY. Neither party, nor its suppliers, officers, affiliates, representatives, contractors and employees, shall be responsible or liable with respect to any subject matter of this TOS or Quote under any contract, negligence, strict liability, or other theory: (a) for error or interruption of use or for loss or inaccuracy of data or cost of procurement of substitute goods or services or loss of business; (b) for any indirect, exemplary, punitive, incidental, special, or consequential damages; or (c) for any matter beyond such party’s reasonable control, even if such party has been advised of the possibility of such loss or damage. In no event shall either party’s aggregate, cumulative liability for any claims arising out of or in any way related to this TOS exceed the fees paid by customer to Zencity (or, in the case of customer, payable) for the Zencity Platform under this TOS in the 12 months prior to the act that gave rise to the liability.