Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Zmardio mobile application, the Zmardio studio portal, the zmardio.com website and any related services (together, the “Service”), operated by Algo Tech Limited (“Zmardio”, “we”, “us” or “our”).

By creating an account, downloading the app or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Who the Service is for

Zmardio provides software that lets dance studios, schools and event organisers (“Studios”) manage classes, events, members, payments and attendance, and lets their students and attendees (“Members”) view schedules, book, pay and check in. Studios and Members are both “Users”.

You must be at least 18 years old, or the age of majority where you live, to create a Studio account. Members under 18 may only use the Service with the consent and supervision of a parent or guardian. The Service is not directed at children under 13.

2. Accounts

You are responsible for keeping your login credentials confidential and for all activity under your account. Provide accurate information and keep it up to date. Notify us immediately at info@algotech-hk.com if you suspect unauthorised use of your account.

A Studio that creates accounts or invites staff is responsible for those staff members’ compliance with these Terms.

3. Zmardio is a platform, not a party to your transactions

Zmardio provides tools. Studios set their own schedules, prices, class descriptions, refund rules, membership levels, loyalty rewards and cancellation policies, and are solely responsible for delivering the classes, events and services they offer.

Any booking, membership or purchase made through the Service is a contract between the Member and the Studio, not with Zmardio. We are not responsible for the quality, safety, legality or cancellation of any class or event, for a Studio’s conduct, or for a Member’s conduct. Disputes about a class, refund or membership should be raised with the Studio directly.

4. Payments

Payments made through the Service are processed by third-party payment providers. By paying through the Service you also agree to the applicable provider’s terms. We do not store full card details.

Refunds for classes, events and memberships are governed by the relevant Studio’s policy. Zmardio does not issue refunds on a Studio’s behalf except where required by law. Any subscription fees Zmardio charges Studios for use of the portal are billed as agreed with the Studio and are non-refundable unless stated otherwise in writing.

Studios are responsible for all taxes, licences and reporting obligations arising from their sales.

5. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in breach of any applicable law;
• upload content that is infringing, defamatory, harassing, obscene or otherwise objectionable;
• misuse Member data obtained through the Service, including sending unsolicited marketing;
• attempt to gain unauthorised access to the Service, other accounts or our systems;
• copy, scrape, reverse engineer, resell or create derivative works of the Service;
• interfere with the Service’s operation or impose an unreasonable load on our infrastructure.

We may suspend or terminate accounts that breach this section without notice.

6. Your content

You keep ownership of the text, images, schedules and other content you upload (“User Content”). You grant Zmardio a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display User Content solely to operate, support and improve the Service. You confirm you have the rights needed to upload your User Content.

Studios are responsible for obtaining any consent required from Members before uploading their personal information, and for handling that information in accordance with applicable data protection law.

7. Our intellectual property

The Service, including its software, design, logos and the Zmardio name, is owned by Algo Tech Limited or its licensors and is protected by intellectual property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.

8. Availability and changes

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue any part of the Service at any time. Where reasonably possible we will give Studios notice of material changes that affect their use of the portal.

9. Disclaimer of warranties

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Service will meet your requirements, be secure, or that data will not be lost.

10. Limitation of liability

To the fullest extent permitted by law, Algo Tech Limited and its directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with the Service, whether in contract, tort or otherwise.

Our total liability to you for all claims relating to the Service in any 12-month period will not exceed the greater of (a) the fees you paid to Zmardio in that period, or (b) USD 100.

Nothing in these Terms limits liability that cannot be limited by law, including for fraud or for death or personal injury caused by negligence.

11. Indemnity

You agree to indemnify and hold harmless Algo Tech Limited from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, your breach of these Terms, or, for Studios, any claim by a Member relating to classes, events or services you offer.

12. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or if we discontinue the Service. On termination, sections 3, 6, 7 and 9 to 15 survive. Studios may request an export of their data within 30 days of termination.

13. Third-party services and app stores

The Service may link to or rely on third-party services, including payment providers and app stores. We are not responsible for third-party services. If you download the app from the Apple App Store or Google Play, you also agree to that store’s terms; Apple and Google are not parties to these Terms and have no obligation to provide support for the app.

14. Governing law

These Terms are governed by the laws of the Hong Kong Special Administrative Region. Any dispute will be subject to the exclusive jurisdiction of the courts of Hong Kong, without prejudice to any mandatory consumer protection rights you have where you live.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms on this page and update the date above. Continued use of the Service after changes take effect means you accept the revised Terms.

Contact Us

Questions about these Terms can be sent to info@algotech-hk.com.