This document is a courtesy translation. Only the Dutch version is legally binding; in case of any discrepancy, the Dutch text prevails.
Terms for every natural person with access to the Nimbu admin environment
These terms govern exclusively the personal use of the Nimbu admin environment. The hosting, pricing, data-export and contractual arrangements apply between Zenjoy and the Customer under the Nimbu Hosting and License Agreement.
1. Definitions and acceptance
1.1. Zenjoy is Zenjoy BV, Blijde Inkomststraat 22, 3000 Leuven, KBO BE 0838.367.436. Nimbu or the Platform is its SaaS platform for websites, web applications and e-commerce.
1.2. The Customer is the natural person or legal entity that has concluded the Nimbu Hosting and License Agreement with Zenjoy. The Account Owner is the natural person who manages the account and accepts the main documents on their own behalf or on behalf of the Customer. The User is every natural person who is given access to the admin environment by the Customer or Account Owner. The Services are the services that Zenjoy provides to the Customer under the Nimbu Hosting and License Agreement.
1.3. The User accepts these terms electronically upon first sign-in. Zenjoy records the identity, the account, the date and time and the accepted document version. The terms are offered for download before acceptance and remain available for consultation afterwards. Without acceptance the User cannot use the admin environment.
1.4. By accepting these terms the User does not enter into any personal payment obligation for the subscription and does not automatically become Account Owner or representative of the Customer. Only a separate, express confirmation of authority can contractually bind the Customer.
2. Permitted use
2.1. The User uses the Platform only within the rights granted by the Customer, for the activities of the account concerned and in accordance with the law, these terms and the lawful instructions of the Customer.
2.2. It is prohibited to:
- disrupt the operation, integrity, security or availability of the Platform;
- circumvent security, access controls, limits or tenant isolation;
- seek unauthorised access to accounts, systems or data;
- place malware, harmful code or manifestly illegal content;
- share login credentials or allow an account to be used by an unauthorised person; or
- decompile, disassemble or reverse-engineer the Platform, except as permitted by mandatory law.
3. Account and security
3.1. The User keeps their authentication means confidential, uses unique and appropriate login credentials and activates the security measures offered in accordance with the instructions of the Customer.
3.2. The User reports suspected unauthorised access, loss of authentication means and security incidents immediately to the Account Owner and via help@zenjoy.be.
3.3. The Customer manages roles and rights. The User does not request broader access than necessary and does not use access obtained after their assignment or relationship with the Customer has ended.
4. Content and personal data
4.1. The User processes and publishes only content for which the Customer or the rightsholder has the necessary rights, consents and legal bases. The User follows the instructions of the Customer regarding copyright, confidentiality and data protection.
4.2. For personal data processed within the websites, web applications, forms, databases, shops and apps of the Customer, the Customer is in principle the controller and Zenjoy the processor. The User acts in that context under the authority and responsibility of the Customer.
4.3. Zenjoy is a separate controller exclusively for clearly delineated purposes of its own, including the management and security of its own Nimbu account system, authentication and access management, proof of acceptance, the prevention and investigation of fraud and abuse directed against Zenjoy or the Platform and compliance with its own legal obligations. Where Zenjoy consults or processes customer data or technical logs exclusively to perform a service requested by the Customer, it acts as processor for the Customer. More information can be found in the Nimbu Platform Privacy Statement. Questions or requests may be addressed to help@zenjoy.be.
5. Illegal content and content moderation
5.1. Zenjoy does not carry out any general prior review of customer content. The User may not publish illegal content or facilitate illegal activities.
5.2. Specific suspected illegal content can be reported electronically via abuse@zenjoy.be. The report contains, where applicable, the exact URL, a sufficiently substantiated explanation of the alleged illegality, the name and e-mail address of the reporter and a statement that the report is accurate and complete to the best of the reporter's knowledge. Zenjoy confirms receipt and handles sufficiently precise reports in a timely, diligent, objective and non-arbitrary manner in accordance with Article 16 DSA.
5.3. Zenjoy may remove specific content or make it inaccessible and proportionately restrict access or the account in the event of illegal content, a breach of these terms, a binding order or a serious security risk. It takes into account the context, the severity, the consequences and the fundamental rights involved.
5.4. The affected Customer and, where appropriate, the User receive a clear statement of reasons, unless notification is legally prohibited or an urgent security measure temporarily prevents it. The statement of reasons mentions the measure and its duration, the principal facts, the legal or contractual ground, any use of automated means and the possibility of contesting it via abuse@zenjoy.be.
5.5. Automatic security, spam and traffic filters may carry out technical blocks. Decisions that specific customer content is illegal are not taken solely by automated means.
5.6. abuse@zenjoy.be is the electronic point of contact for recipients and competent authorities within the framework of Regulation (EU) 2022/2065. Communication is possible in Dutch, French and English.
6. Intellectual property
6.1. The Platform and the generic Nimbu software remain the property of Zenjoy and its licensors. The User receives only a personal, non-transferable right of use within the account and for the duration of their access right.
6.2. Content that the User creates for the Customer belongs to the party entitled to it under the law and the arrangements between the User and the Customer. These terms do not alter their mutual rights.
7. Availability, maintenance and updates
7.1. Zenjoy provides the services to the Customer under the Nimbu Hosting and License Agreement. In the absence of a separate SLA, Zenjoy strives for high availability without guaranteeing absolute freedom from errors or uninterrupted operation.
7.2. Zenjoy may carry out maintenance, updates and urgent security measures. Planned maintenance with noticeable impact is announced in advance where reasonably possible.
7.3. The Data Act export and switching rights belong to the Customer. A User may request an export only if authorised to do so by the Customer or Account Owner.
8. Responsibility and liability
8.1. The Customer remains primarily responsible towards Zenjoy for the account and the Users it has admitted. The User remains personally responsible for their own intentional or unlawful acts insofar as the applicable law holds them directly liable for those acts. This provision does not impose any personal subscription debt or unlimited indemnification on an employee or other User.
8.2. For damage suffered by the User exclusively in their capacity as User through the provision of the Services, Zenjoy may invoke the defences, exclusions and limitations set out in Article 9 of the Hosting and License Agreement, insofar as legally permitted. The total liability of Zenjoy towards the Customer and its Users together is subject to one joint cap as exclusively calculated and delineated in Article 9 of that Agreement; no separate or additional cap arises for the User on top of Article 9 of that Agreement. The non-limitable cases and consumer carve-outs from Article 9 of that Agreement remain applicable mutatis mutandis. The limitations do not apply in the event of intent or fraud, a fault committed with the intention of causing damage, harm to physical or psychological integrity, Article 82 GDPR or other mandatory law. With respect to a User who is a Consumer, no exclusion or limitation whatsoever applies in the event of gross fault of Zenjoy or of its employees or agents, nor, except in the event of force majeure, in the event of non-performance of an obligation constituting one of the principal performances. For the rest, mandatory consumer law continues to apply in full.
8.3. Insofar as Article 6.3 of the Belgian Civil Code permits, the User shall not bring any extra-contractual claim against directors, employees, self-employed staff, suppliers, sub-processors or other auxiliaries of Zenjoy for damage arising exclusively from the contractual performance of the Services. The statutory exceptions for intentional damage, physical or psychological integrity and other mandatory law remain applicable.
9. Suspension and end of access
9.1. Zenjoy or the Customer may suspend or terminate the access of a User in the event of a security risk, abuse, non-compliance, a binding order or the end of the relationship between the User and the Customer. The measure is proportionate and reasons are given where possible.
9.2. The end of the Hosting and License Agreement terminates the personal right of use. The User has no separate right to retain the account or customer data; export rights are exercised by the Customer.
10. Amendments
10.1. Zenjoy may amend these terms on account of legislation, security, technical necessity or a functional evolution. Purely editorial, administrative or favourable amendments may be communicated without new acceptance.
10.2. A material amendment to the personal rights or obligations is expressly submitted for acceptance at the next sign-in and remains downloadable. Without acceptance the User cannot continue to use the admin environment. This does not automatically terminate the agreement with the Customer; the Customer may designate another User.
11. Governing law and disputes
Belgian law applies. For disputes with a User not acting as a Consumer, the competent courts of the judicial district of Leuven have jurisdiction. For a Consumer, this choice of forum applies only insofar as mandatory Belgian and European jurisdiction rules permit.
Click-through text: “I confirm that I was able to download these Terms of Use, have read them and accept them.”