Zenya Terms of Use
Effective as of: [May27], 2025
1. Introduction
2. The Service Provided by Us.
3. Your Use of Our Service
4. User Content and Intellectual Property Rights
5. Customer Support, Information, Questions and Complaints
6. Problems and Disputes
7. About these Terms
1. Introduction
Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) Zenya’s services for AI-generated music and other content, including all of our software applications that incorporate or link to these Terms (collectively, the "Zenya Service") and any music or other material that is made available through the Zenya Service (the "Content").
Use of the Zenya Service is subject to the Zenya Privacy Policy and additional terms and conditions presented by Zenya, which are hereby incorporated by this reference into these Terms. Please refer to Section 6 below for information about those additional terms and how we may change these Terms or the additional terms.
By signing up for, or otherwise using, the Zenya Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Zenya Service or access any Content.
Certain legislation under applicable law may provide consumer guarantees or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms are subject to such legislation.
Service Provider
These Terms are between you and [Beijing Dui Niu Tan Qin Technology Co., Ltd. (北京对牛弹琴科技有限公司)], at the address of [Room 714, 7th Floor, Building C, Xingdi Center, No.3, No.10, Jiuxianqiao North Road, Jiangtai Township, Chaoyang District, Beijing].
Age and eligibility requirements
In order to use the Zenya Service and access any Content, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where the Service is available. You also promise that any registration information that you submit to Zenya is true, accurate, and complete, and you agree to keep it that way at all times. If you do not meet the minimum age requirements then Zenya will be unable to register you as a user.
2. The Zenya Service Provided by Us.
Zenya Service Options
We provide numerous Zenya Service options. Certain Zenya Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer third-party products and services. We are not responsible for the products and services provided by such third parties. By purchasing a Paid Subscription, you agree to the Zenya Paid Subscription Terms and Conditions.
Third-Party Applications, Devices and Open Source Software
The Zenya Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Zenya does not guarantee that Third-Party Applications and Devices will be compatible with the Zenya Service.
Service Limitations and Modifications
We use reasonable care and skill to keep the Zenya Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
§ The Zenya Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
§ We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Zenya Service (including particular functions, features, subscription plans and promotional offerings).
§ Zenya has no obligation to provide any specific content through the Zenya Service, and Zenya or the applicable owners may remove particular music and other Content without notice.
Zenya has no liability to you, nor any obligation to provide a refund of Paid Subscription to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
3. Your Use of the Zenya Service
Creating a Zenya account
You may need to create a Zenya account to use all or part of the Zenya Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for your use of your username and password (including any unauthorized use arising from your acts or omissions). Notify our Customer Service team immediately at [support@zenya.art] if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
Zenya may reclaim, or require you to change, your username for any reason.
Your rights to use the Zenya Service
Access to the Zenya Services
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Zenya Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Zenya. You agree that you will not redistribute or transfer the Zenya Service or the Content.
The Zenya software applications and the Content are licensed, not sold or transferred to you, and Zenya and its licensors retain ownership of all copies of the Zenya software applications and Content even after installation on your Devices.
Zenya's Proprietary Rights
The Zenya Service and the Content are the property of Zenya or Zenya's licensors. All Zenya trademarks, service marks, trade names, logos, domain names, and any other features of the Zenya brand ("Zenya Brand Features") are the sole property of Zenya or its licensors. These Terms do not grant you any rights to use any Zenya Brand Features whether for commercial or non-commercial use.
You agree to abide by the Zenya User Rules and the Platform Rules, and not to use the Zenya Service, the Content, or any part thereof in any manner not expressly permitted by these Terms (including any terms incorporated by reference).
Payments and cancellation
Billing
You may purchase a Paid Subscription directly from Zenya or through a third party either by paying a subscription fee in advance on a [monthly、Quarterly、Yearly] basis or some other recurring interval disclosed to you prior to your purchase. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Zenya Service in addition to these Terms.
Price and tax changes
Zenya may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Zenya Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide.
Renewal and Cancellation
Your payment to Zenya or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team at [support@zenya.art] for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Zenya Service. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS, EXCEPT AS EXPRESSLY STATED IN THESE TERMS.
User Guidelines
In using the Zenya Service, you must comply with the Zenya User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties. Violating the User Guidelines below may result in removal of any content or material you've contributed to the Services and/or termination or suspension of your account. We try to make the Services broadly available to everyone, but you cannot use our Services if we've previously terminated your account on any of our Services. We also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.
The following is not permitted for any reason whatsoever in relation to the Zenya Services and the material or content made available through the Services, or any part thereof:
§ reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Zenya's prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services or the Content;
§ copying, reproducing, redistributing, "ripping," recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes intellectual property rights;
§ importing or copying any local files that you do not have the legal right to import or copy in this way;
§ transferring copies of cached Content from an authorized Device to any other Device via any means;
§ "crawling" or "scraping", whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information, or using any part of the Services or Content to train a machine learning or AI model or otherwise ingesting Zenya Content into a machine learning or AI model;
§ selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements;
§ selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
§ artificially increasing play counts or follow counts, artificially promoting Content, or other manipulation including by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
§ circumventing any technology used by Zenya, its licensors, or any third party, including any territorial or other content access restrictions applied by Zenya or its licensors;
§ circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;
§ removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
§ deleting or altering any part of the Services or Content except as expressly permitted under the Agreements or, in the case of Content made available by another user, with such user's express consent; or
§ providing your password to any other person or using any other person's username and password.
Please respect Zenya, the owners of the material and content on the Services, and other users of the Services. Don't engage in any activity, post any User Content, or register or use a username, which is or includes material that:
§ is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of Zenya or a third party, or would violate any agreement to which you are a party;
§ includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
§ exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;
§ includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Zenya Service;
§ impersonates or misrepresents your affiliation with Zenya (including, for instance, by using Zenya's copyrighted content, using the Zenya logo without permission, or otherwise using Zenya trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
§ involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
§ unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
§ unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by Zenya;
§ interferes with or in any way disrupts the Zenya Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Zenya Service or Zenya's computer systems, network, usage rules, or any of Zenya's security components, authentication measures or any other protection measures applicable to the Zenya Service, the Content or any part thereof;
§ conflicts with the Zenya Terms and Conditions of Use or any other terms or policies applicable to your use of any of the Services; or
§ has been removed from any of our services for a breach of our terms or policies, such as a prohibited track, episode or show. This includes content being created or repurposed to reconstitute or serve the same objective as previously removed Content.
Export control and sanctions
Zenya's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.
You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Zenya under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
4. User Content and Intellectual Property Rights
User content
The content you post on the service
Zenya users may post, upload, or otherwise contribute content to the Zenya Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Zenya Service by users.
You are solely responsible for all User Content that you post.
You promise that, with respect to any User Content you post on Zenya, (1) you own or have the right to post such User Content; (2) such User Content, or its use by Zenya pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content by Zenya or any artist, band, label, or other individual or entity without the prior express written consent from Zenya or such individual or entity.
You agree not to solicit, access, generate, distribute or store any illegal or high impact content, such as child sexual exploitation material, pro-terror material, crime and violence material or specific types of drug-related material. Zenya reserves the right to remove, limit or disable access to any User Content, terminate these Terms (including any additional terms and conditions incorporated herein) or suspend or restrict your access to the Zenya Service at any time if you use the Zenya Service in breach of this clause.
In posting or sharing User Content or other information on the Zenya Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Zenya Service and across the web, so please use caution in posting or sharing on the Zenya Service, and be mindful of your account settings. Zenya is not responsible for what you or others post or share on the Zenya Service.
Monitoring user content
Zenya may, but has no general obligation to, monitor or review User Content. Zenya reserves the right to remove or disable access to any User Content if we believe or are informed that the User Content breaches these Terms of Use, any law or third party's rights, or any Zenya policies (such as the Zenya User Guidelines) that we publish or otherwise make available. Zenya may take these actions without prior notification to you.
Licenses that you grant us
User Content
You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Zenya Service and to provide you with certain features and functions, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Zenya a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. This clause does not otherwise modify Zenya's obligation to use your User Content in accordance with the license above.
Feedback
If you provide ideas, suggestions, or other feedback in connection with your use of the Zenya Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Zenya without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
Your Device
You also grant to us the right (1) to allow the Zenya Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Zenya Service, (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with the Zenya Privacy Policy【zenya.art】.
Content experience
In any part of the Zenya Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Zenya's agreements with third parties.
Some Content licensed by, provided to, created by, or otherwise made available by Zenya may incorporate advertising, and Zenya is not responsible for any such advertising.
Infringement claims
How to Report Infringement
Zenya respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, a notice of alleged copyright infringement may be sent to Zenya's designated channel at the following address, with the following information:
§ Specific identification of each copyrighted work claimed to have been infringed;
§ A description of where the material believed to be infringing is located on the Zenya Services (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
§ Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
§ A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law (such as fair use); and
§ A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
§ A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; and
§ A statement that you understand that your contact information and/or notice will be provided to the alleged infringing party, and retained as long as required for legal purposes.
Without the above, we may not have sufficient information to process your claim.
Zenya's designated copyright infringement channel can be reached as follows:
Email: [support@zenya.art]
How We Handle Claims
Zenya reviews claims that are received through the channels identified above. When we receive a claim, we'll evaluate it and take appropriate action, which may include removing the reported content or disabling access in a specific country (or countries). We may communicate with the claimant and the user or creator who provided the content regarding the action(s) we take, if we choose to not take action, or if we need further information to assess the claim.
Any content that infringes on another's copyright or trademark may be removed. Zenya also has a repeat infringer policy, meaning that a user or creator responsible for multiple violations may have their account terminated. If content is reinstated following an appeal or because a rights holder is retracting a claim, our repeat infringer policy will reflect that accordingly.
If you believe your content or account has been mistakenly actioned, or if you would like to request another review of Zenya's decision on your claim, you may have an opportunity to submit an appeal. Instructions concerning how to appeal are contained in the email correspondence we will send you regarding the claim.
In addition to reports from users and rights holders, we leverage a combination of automated and manual signals to detect and remove content that may infringe on another's intellectual property. We are continuously evolving our efforts to protect the intellectual property of creators.
5. Problems and Disputes
Suspending and terminating the Zenya Services
These Terms will continue to apply to you until terminated by either you or Zenya. Zenya may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Zenya Service at any time if we believe you have materially or repeatedly breached any of these Terms, if we stop providing the Zenya Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If Zenya terminates these Terms or suspends your access to the Zenya Service due to your material or repeated breach of these Terms or as we believe necessary to comply with applicable law, you agree that Zenya shall, subject to applicable laws, have no liability or responsibility to you for that termination or suspension, and (except as expressly provided in these Terms or as required by any applicable law) Zenya will not refund any amounts that you have already paid. If Zenya terminates these Terms because we stop providing the Zenya Service or a material component of it, Zenya will endeavour to provide you with notice of the termination including additional details about the termination such as when it will become effective.
You may terminate these Terms at any time, in which case you may not continue accessing or using the Zenya Service. You may terminate this Agreement at any time by clicking "Terminate Account" in [Personal Center - Settings - Account Center] to submit an application for termination. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account, will be irretrievably deleted by Zenya, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Zenya assumes no liability for any material that is irretrievably deleted following any termination of your account. Zenya is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination.
Sections 4 (Content and Intellectual Property Rights), 3 (Your Use of the Zenya Service), 2 (The Zenya Service Provided by Us), 5 (Problems and Disputes), 7 (About These Terms) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
Warranty disclaimers
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.
Zenya will provide the Zenya Service using reasonable care and skill and in accordance with any specification of the Zenya Service set out in these Terms, however, subject to that, the Zenya Service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, Zenya and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. While Zenya and any owner of content cannot guarantee that the Zenya Service or content is free of malware or other harmful components, Zenya uses reasonable efforts consistent with industry standards to prevent malware or harmful components in the Zenya Service. In addition, Zenya makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Zenya Service or any hyperlinked website, and Zenya is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Zenya shall create any additional warranty on behalf of Zenya under these Terms. While using the Zenya Service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law.
Limitation of Liability and Time for Filing a Claim
Except where Zenya has liability under the law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Zenya Service is to uninstall any Zenya software and to stop using the Zenya Service. You agree that Zenya has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Zenya Service, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Zenya, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.
In no event will Zenya, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of data, business, or profits, in all cases arising out of the use of or inability to use the Zenya Service, devices, third-party applications, or third-party application content; or (3) aggregate liability for all claims relating to the Zenya Service, third-party applications, or third-party application content more than the greater of (a) the amounts paid by you to Zenya during the twelve months prior to the first claim; or (b) USD$[20]. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
For clarification, these terms do not limit Zenya's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.
Except where such restriction is prohibited under applicable law, any claim arising under these terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within two (2) years after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
Third Party Rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Zenya, and in no event shall these Terms create any third-party beneficiary rights.
Indemnification
You agree to indemnify and hold Zenya harmless from and against any third party claims (including direct losses, damages, reasonable expenses, reasonable attorney fees and costs arising from such claims) made against Zenya arising out of or related to: (1) your breach of any of these Terms (including any additional Zenya terms and conditions incorporated herein), including but not limited to any privacy or intellectual property breaches; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Zenya Service; and (4) your violation of any law or the rights of a third party.
Governing Law, Mandatory Arbitration and Venue
5.1 Governing Law and Jurisdiction
Except where otherwise required by the mandatory law of the United States or any member state of the European Union, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the People’s Republic of China (the “PRC”).（The People's Republic of China includes the mainland, Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan, China）.
Users in Hong Kong, Macao, and Taiwan regions must comply with local laws and regulations in addition to complying with the main terms of this agreement .
5.2 CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Zenya AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Zenya agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
5.3 ARBITRATION
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 5.3. is enforceable, the following mandatory arbitration provisions apply to you:
5.3.1 Dispute resolution and arbitration
You and Zenya agree that any dispute, claim, or controversy between you and Zenya arising in connection with or relating in any way to these Agreements or to your relationship with Zenya as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
5.3.2 Exceptions
Notwithstanding clause 5.3.1 above, you and Zenya both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.
5.3.3 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and Zenya will be finally settled by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules (“HKIAC Rules”) in force by one or more arbitrators appointed in accordance with the HKIAC Rules. The seat of arbitration shall be Hong Kong.
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the PRC, without regard to choice or conflicts of law principles.
6. About these Terms
Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.
Changes
We may make changes to these Terms (including any additional Zenya terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Zenya Service (provided that, for material changes, we will provide you with notice and seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Zenya terms and conditions, incorporating such changes, or otherwise notified you of such changes.
If you disagree with the changes, you can terminate your account before the changes take effect. Your use of the Zenya Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Zenya Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Zenya, these Terms constitute all the terms and conditions agreed upon between you and Zenya and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.
As noted above, other terms and conditions, guidelines and policies governing use of the Zenya Service are incorporated herein by reference. These include the following (a) the Zenya Paid Subscription Terms and Conditions; (b) the Zenya Privacy Policy; and (c) any other additional terms and conditions related to specific services offered on the Zenya Service.
These additional terms and conditions and guidelines and policies may be changed by Zenya from time to time by posting the amended terms or policies on the Zenya Service. For any material changes to the additional terms and conditions, you will be provided with notice of such changes taking effect. For any changes to the guidelines or policies, the time frame for such policy terms to come into effect and the way in which we notify you of material amendments will depend on the nature of the change and the circumstances giving rise to the need to change the policy. Some policies may come into immediate effect, for example, as a result of content or consumer safety requirements or when a policy has been updated for clarity but without changing our guidelines. If you disagree with any changes, you can terminate your account pursuant to Section 5.
Severability and Waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Zenya or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Zenya's or the applicable third-party beneficiary's right to do so.
Assignment
Zenya may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.