Terms and Conditions

Last update: August 14, 2019

The products and services hereinafter referred to as the "Services" are provided through Zelia CR LLC hereinafter referred to as "Zelia".

The use of our Services implies the acceptance of these conditions. Please read and carefully review the Terms and Conditions of Use and our Privacy Policy before using any Zelia Service. If you do not agree with these conditions, please do not continue to use our Services.

Zelia offers different Services to individuals and/or legal entities, hereinafter referred to as "User". User means any person who uses Zelia's services or products.

1. Acceptance

These conditions regulate the access or use that Users make of the Services that Zelia makes available. By using the Services, you fully accept and agree to comply fully with the Terms and Conditions of Use, as well as our Privacy Policy. Zelia reserves the right to modify these Terms and Conditions of Use whenever it deems it necessary. Therefore, the User will receive a notification when such modifications are made.

These Terms of Use are limited only to Zelia and its Services. Zelia does not and cannot control and/or guarantee the Terms of Use or the Privacy Policy of third parties, including suppliers and/or companies to which it may have access through our Services.

2. Zelia.Marketing Terms of Use

The User undertakes not to use the Services for fraudulent purposes and not to engage in any conduct that could damage the image, interests, and rights of Zelia or third parties. Likewise, the User undertakes not to carry out any act with the aim of damaging, rendering useless or overloading any Service, performing inverse engineering or in any way impeding the normal use and operation of the same.

The User is informed that in the event of non-compliance with the content of these terms of use and conditions, the Privacy Policy or any other particular terms or conditions established in the Services, Zelia reserves the right to limit, suspend, interrupt or terminate their access to the Services. Zelia also reserves the right to exercise such measures in the event that it reasonably suspects that the User is violating any of the aforementioned terms and conditions. Finally, we inform the User that Zelia reserves the right at all times to decide on the continuity of the Services it provides, which is why it is Zelia's decision to maintain or terminate the Services. Likewise, the User may dispense with the Service at the time indicated by the User.

3. Protection of privacy and copyrights

Zelia's Privacy Policy explains the treatment of personal data and the protection of privacy when using our Services. If you use our Services, you agree that Zelia may use such data in accordance with its Privacy Policy.

Zelia undertakes to maintain complete confidentiality when receiving the User's personal data, and not to make public the use of the Service by the User unless there is prior consent and the benefit of both parties is sought by publicly announcing it. 

We respond to notifications of alleged infringements of copyright, intellectual property, abuse of use or right, and cancel the accounts of users who commit repeated infringements, so if you consider that there is a violation can contact us at email: team@zelia.marketing explaining the infringement and providing the relevant evidence.

4. Services

Zelia is the provider of several Services, it is a tool for promotion in digital media, digital strategy planning, communication, review, and approval of digital advertisements. In those cases where the User has consented, the User may receive information and news from Zelia or digital marketing material. The User is reminded that with the use of the Service, it is understood that the User's immediate acceptance is upon receipt of all types of commercial or advertising information by Zelia.

We are not responsible for any service provided by Facebook, Instagram ("Social Platforms") or any other service, information or content that you have accessed through Zelia, which you may access, use or connect to via our Service (together hereinafter referred to as "Third Party Services"). 

By working with Third Party Services, Zelia assumes responsibility for complying with the standards of these Third Parties in all digital content that is produced and published. By accessing Facebook or Instagram services, you are responsible for complying with all of their terms, conditions, policies, and practices.

Zelia stores the data of its Users in a database and reserves the use it may give to the same database. Always maintaining the confidentiality previously mentioned. 

5. Terms of payment

This clause applies to any customer who intends to use Zelia's services through Zelia. 

Payment

The User must pay for the Service in advance, according to the plan selected and its specific characteristics. The payment periods are monthly. The User is responsible for providing complete, current and accurate payment information, along with their contact information to Zelia and notifying Zelia of any changes in such information. The invoice will automatically be sent, along with each collection, to the email address the User indicates. In accordance with the foregoing, the User consents to and authorizes the receipt and dispatch of the billing information corresponding to its service.

Method of payment

The only method of payment accepted by Zelia is by automatic debit to a credit or debit card. All payments must be made in U.S. dollars (US$). The user authorizes Zelia to make the automatic charge of the monthly subscription, so it is the User's responsibility to keep the card that will be used as payment method active and up to date, otherwise, the service will be frozen until the User assures validity and liquidity in the payment method. 


Additional Charges

Guideline and additional corrections: Zelia will collect the guidelines that will be used in the commercial network of Facebook and Instagram, the User will authorize an amount in $ to use in guideline and Zelia will collect the guideline consumed at the end of the month. 

The additional corrections to what is included in your plan will have an additional cost according to the complexity of the work. 

An extraordinary design or artwork will have a cost of $12, Zelia reserves the right to modify this amount according to market conditions.

Maintenance and Upgrades: Zelia does not charge for maintenance or upgrades of the platform. 


Tax

Zelia's fees do not include taxes of any kind. The user is solely responsible for the payment of any taxes associated with the purchase of the Service. Zelia is solely responsible for the payment of taxes derived from its income, property, and employees.

Suspension of Service for Non-Payment

Zelia reserves the right to suspend, interrupt, block and/or terminate the Service if the User has not paid the amount owed to Zelia on the respective payment dates. Prior to suspension, or termination of the Service, Zelia will make reasonable efforts to notify by email prior to the event. In the event that the User does not catch up on the corresponding payments, Zelia is not responsible for the loss or deletion of the information, as failure to pay on the date indicated will mean that the User does not wish to continue with the Services. In this case, it will not be Zelia's responsibility to keep the User's information.

In the event of a suspension of this type, Zelia assures the User that it will maintain its social network pages and the advertising campaigns that it has already received from Zelia. 

Refunds, refunds, and cancellations

Zelia does not make refunds for fractions of a payment period for use of the Service. In the event that the User deactivates or cancels his/her account before the end of the payment period, the User shall maintain access to his/her account for the remainder of the period for which he/she had paid.

If the User cancels the service, he agrees to accept these Terms, to pay the amount of the guideline consumed in the social network that is working, the day the service is canceled and the publications are stopped. 

6. Information provided by the User

The User must access, as "Administrator", the Facebook page registered in Zelia in order to operate the software and execute the different services offered by Zelia. If the account is deleted, this permission and all access by Zelia to the registered Facebook page is automatically removed. 

The User is responsible for the truthfulness, updating, and accuracy of the information provided to us as well as for what he or she introduces when using the Services. The data you enter and the use of the Services will be treated confidentially and in many cases will only be known by the User, unless they are derived from a commercial nature, or have been uploaded or published on pages or places to which third parties have access, such as blogs, comments, ratings, among others, known as public, or you yourself have asked us to publish them.

In this sense, if the User participates in sections that allow him/her to include opinions or data such as blogs, questions, comments, suggestions or similar, this information will be public for all Users of the Services and, consequently, will be treated as non-confidential and Zelia will have no obligation of any kind with respect to said information and is free to reproduce, use, show and distribute said information to third parties without limitations. Likewise, the User shall be responsible for any comment, disclosure, offense, insult or slander made by him/her, releasing Zelia from any responsibility derived from his/her comment, publication and/or action. In order to avoid any kind of problems related to this point, Zelia will always request the User's approval, so it is the User's responsibility to read and observe the message that is published in text and image, since it will be the User's responsibility as the owner of the social network page, its content. 

7. Links Policy ("Links")

In order to help you find additional information, we have included various technical link devices that allow the User to access other websites hereinafter referred to as "Linked Sites". However, Zelia shall not be responsible for the Services and content provided through the Linked Sites. In no event shall the existence of Linked Sites mean recommendation, promotion, identification or conformity of Zelia with the manifestations, contents or Services provided through the Linked Sites. Consequently, Zelia is not responsible for the content of the Linked Sites, nor for their conditions of use and privacy policies, and the User is solely responsible for checking and accepting them each time he/she accesses and uses them.

In the event that the User considers that the Linked Sites contain illegal, harmful, denigrating, violent or inappropriate content, he/she may notify Zelia via the following e-mail address: team@zelia.marketing. However, such communication shall in no case entail Zelia's obligation to withdraw the corresponding link, nor does it necessarily imply Zelia's effective knowledge of the illegality of the contents of the Linked Site, for the purposes of the provisions of current legislation.

8. Public information presented by the User

If a User decides to publish any comments, information, photographs, video images, reviews, and/or any other matter in the common areas (Public Area), the User assumes all responsibility arising from this fact. Zelia shall have the right, but not the obligation, to reject proposals or require that the communication be modified, as a condition of publication to the Service that is granted. No action or inaction on the part of Zelia shall cause Zelia to assume any responsibility for the content published by a User.

No Public User Information may contain material that: violates local, national and/or international law; is threatening, harassing, defamatory, obscene, or that invades the privacy of others; solicits or advertises business; promotes political causes; impersonates other people or uses a false profile; or other information that at Zelia's discretion may violate any right.

9. Private Information Provided

All information provided by the User to Zelia is considered private and completely confidential between the two parties.

When there is a mutual benefit between the User and Zelia to make public certain information approved by the User, the corresponding use approved by both parties will be given. 

The information regarding the payment method is handled through the Stripe platform, so we never have access to this information in a complete way. It is also considered private and confidential. 

10. Registration and/or inscription

You are considered a Registered Zelia User, once you created your account, entered your payment method and completed the questions corresponding to the registration form. 

Once registered, the User is expected to allow Zelia to operate without problems in the publication of content in the corresponding social network.

The registered User also undertakes to put his or her part in this service modality in which if the User does not comply with his or her part, the service is not delivered in an adequate manner, thus affecting the results that Zelia is capable of offering. 

11. Modify and cancel our Services

Zelia is constantly changing and improving its services. Therefore, we may add or remove certain functions, services or features.

You may stop using the Services at any time, although we would regret it if you did. Similarly, Zelia may cease providing the Services or add or create new limitations at any time, without Zelia being held responsible.

We believe that you are the owner of your data and that it is important that you maintain access to your data. If we delete and/or interrupt a Service, in the cases where it is reasonable, we will notify the indicated mail and the User will always have access to his page in the social network, and to the content that was delivered during the period of stay in Zelia.

12. User Responsibilities

The User is responsible for the decision to use the Zelia Services, to include information, to give access to his account. It is also the User's responsibility to keep his/her information real, complete, updated and truthful at all times, releasing Zelia from any responsibility derived from this fact or omission in its actions.

It is also the User's responsibility to always review the content of what will be published previously. 

13. Personal and Confidential Information

The User is responsible for determining what kind of personal and/or confidential information he or she wishes to provide. Zelia is not responsible for the personal and/or confidential information that the User submits to other parties or any third party, including but not limited to providers and/or advertisers within the Services.

14. Collection and processing of personal data

Personal data will be provided to Zelia by the User. Zelia will not transfer personal data to third parties in any form, unless it has obtained your consent or when required by law. However, personal data may be used for internal purposes, including audits, data analysis, and research, in order to improve Zelia's products, services and communications to users. However, such use will be dissociated.

Zelia may use non-personal information for its own research and statistics and may share and/or sell this information to third parties or use it for marketing or commercial prospecting purposes.

Consolidated data is considered non-personal data. If we combine non-personal data with personal data, the combined data will be treated as personal data as long as they are combined.

15. Password Protection

The User is responsible for maintaining the confidentiality of the password and any other information in their account access. It is the User's responsibility to use the Service by sharing all or part of their information with any third party. Likewise, it is the User's responsibility to share with third parties their login and/or password that may access, alter or delete the information stored in the Service. In the same way, it will be the exclusive responsibility of the User to periodically back up the information entered in the Service, the foregoing because, in case of malfunction due to causes external to Zelia or misuse of the computer and/or the application, the information may disappear. Zelia must be notified immediately to team@zelia.marketing if a User considers that the security measures have been compromised or their account has been violated and/or altered.

16. Use of Services and Web Site

The User shall use the Services in a lawful manner. No User shall access or use the Services to collect information for non-personal uses, including but not limited to other companies.

17. Limitation of Liability and Obligation

Notwithstanding all disclaimers hereunder, the sole and exclusive remedy for any dispute with Zelia will be the immediate termination of the Service. Furthermore, in no event shall Zelia be liable for any loss, expense, travel, lodging expenses, injury, aggravation of physical and mental condition, death, loss of information, damage to the image, and any other fact caused in whole or in part by a failure of a Provider or of the Service provided by Zelia.

18. Malware Liability 

The User should be aware that communications over open networks are exposed to a plurality of threats that make them unsafe. It is the User's responsibility to take all appropriate technical measures to reasonably control these threats and, among them, to have up-to-date systems for detecting malicious software, such as viruses, Trojans, etc., as well as updated security patches in the corresponding browsers. For more information, you can contact your Internet access service provider, who will be able to provide you with solutions adapted to your needs.

Zelia is not responsible for any damages caused to the User as a consequence of risks inherent to the medium used, nor those caused by vulnerabilities in its systems and tools. Zelia does not guarantee either the total security of its systems and although it has adopted adequate security measures, the existence of vulnerabilities cannot be totally ruled out and, consequently, the User must be cautious in the interaction and use with the Services.

Zelia shall only be liable up to the amount indicated in point 19 of this document for damages caused by the use and functionality of the Services, when such damages are directly caused by intent or gross negligence of Zelia, and there has been no negligence on the part of the User such as but not limited to providing and/or sharing its key, file and/or any type of information. In particular, Zelia shall not be liable for:

  • Damages of any kind caused to the User's computer equipment by viruses, worms, Trojan horses or any other harmful element.

  • The damages of any type produced in the User that bring cause in failures or disconnections in the networks of telecommunications that produce the suspension, cancellation or interruption of the Services during the benefit of the same ones. In this respect, the User acknowledges that access to the Portal requires services provided by third parties beyond Zelia's control (for example telecommunications network operators, access providers, etc.) whose reliability, quality, continuity, and operation does not correspond to Zelia, nor is it part of its responsibility to guarantee the availability of the Services.

  • Of the information received by clients or third parties related to the User, and the use that is given to this information.

Zelia makes its best effort to protect its personal information, however, the User is responsible for backing up, on his own computer or another device, any document, image or other important content he keeps or accesses through the Services provided by Zelia. Zelia will use its best efforts to provide the Services, but does not give any guarantee that the content stored or accessed through the Services may be inadvertently damaged, lost or corrupted.

The User expressly acknowledges and accepts that the use he makes of the Services is at his own risk, so the User will be solely responsible for any damage to his device or loss of data resulting from downloading such material. The User further acknowledges that the Services are not intended or suitable for use in situations or environments where the use of the Service could result in death, personal or property damage, serious physical injury or significant damage to the environment.

19. Additional Disclaimer of Professional Liability

In addition to all limitations, disclaimers and exclusions of liability, and without prejudice to diminishing the effect thereof, the User acknowledges, stipulates and undertakes to waive all claims of any kind against Zelia, in relation to, in whole or in part, actions of negligence, intentional actions and/or intentional or unintentional omissions of suppliers and/or third parties contracted by, or affiliated with, suppliers.

20. Copyright, Trademarks, and Other Intellectual Property

With the exception of the User's personal information and third party content, all content indicated in the Services, including the Privacy Policy and Terms and Conditions of Use, copyright, intellectual property or assigned rights belong to Zelia. Zelia and the logo are registered trademarks and service marks of Zelia. No copyrighted material, intellectual property, trademarks and/or service marks, in whole or in part, may be used, reproduced, stored, or transferred electronically, physically, or in any other way, without the express written consent of Zelia. Applications may be submitted to team@zelia.marketing

Zelia has a policy of respecting the intellectual property rights of others. In the event that any person believes that any content of the Services infringes copyright, trademarks, patents or other intellectual property rights, they must send a request to remove the material or infringement occurred, contacting Zelia as follows:


By e-mail: team@zelia.marketing

In such a circumstance, such a request shall:

- Identify the particular intellectual property claimed to have been infringed, including the owner and location of an authorized version of the material.

- Identify the material on the Service that is claimed to be infringing, including its location.

- Your name, address, telephone number, and e-mail address.


The above information must be accompanied by a statement that:

You have a good faith belief that the materials in question have not been authorized by the copyright owner, its agent, or the law, and that the information you have provided is accurate, and that under penalty of perjury, you are the copyright owner or are authorized to act on the copyright owner's behalf.

The signature or the electronic equivalent of the owner of the copyright or other intellectual property, or its authorized representative.

Zelia maintains a policy of terminating access to the Services to people who are engaged in recidivism or copyright infringement, so we inform you that any violation of these terms of use will be grounds for Zelia to remove your access to the Services.

23. Suspension of use

In the event that Zelia reasonably determines or suspects that a User has violated or may violate the privacy policies, conditions or any agreement, it may, but is not obligated to, without notice, immediately discontinue and/or suspend the registration or use of a User. Zelia may from time to time cancel accounts due to prolonged inactivity; in this circumstance, Zelia will make reasonable efforts to give notice to the email address stated in our records. In no event shall Zelia be obligated to take any action to suspend or cancel.

Similarly, if you wish to deactivate your account, please contact us. Once your request is made your account will be deactivated and your personal information will be archived or destroyed as appropriate by law. Zelia may store your information for the period required by law to comply with legal obligations, resolve disputes and agreements or any other that may be required in accordance with these terms and conditions and current law.

24. Indemnification

Except in the case of gross negligence or willful misconduct of Zelia duly proven, the User agrees to indemnify and defend Zelia, together with its officers, directors, employees, agents, representatives, affiliated or subsidiary companies, and contractors, from all liabilities, claims, demands and expenses, including reasonable attorneys' fees and expenses, made by any third party arising out of or related to the User's access to the Services, and/or violation of the privacy policies and the terms and conditions of use.

25. Informed consent

Zelia, in accordance with the Law for the Protection of Persons with regard to the Processing of their Personal Data, Law 8968 and its Regulations hereafter identified as "the Law", we inform you of the existence of the database called "Zelia Users", whose responsibility for the use, administration and protection of your personal data is Zelia, which is why Zelia will permanently seek that the processing of your personal data is legitimate, controlled and informed, in order to ensure privacy and the right to informative self-determination of your data.

The personal data we collect from you, hereinafter identified as the User, through electronic means, physical or telephone, verbally and / or in writing, will be used for the following purposes necessary:

 - To achieve efficient communication related to our products, services, offers, promotions, alliances, studies, contents, as well as those of companies that are part of the same economic interest group.

 - To provide our services and/or products, to inform about new products or services, commercial prospecting, as well as any change, and to evaluate the quality of the service.

 - Operate, maintain and administer our services and your information including the registration process and payment information you provide to us.

 - Transmit your payment information to third party payment processors, which may store your payment card information for future use of our services.

 - Respond to inquiries and communications of products and / or services, comply with obligations contracted with the User, suppliers, and employees, as well as include in our database.

 - Hire, administer, and appoint treatment managers, technological intermediaries, and other personnel it deems necessary for the proper performance and provision of the Service.

 - Conduct studies, records, statistics and analysis of health information from marketing campaigns, which once dissociated may be sold and / or transmitted to third parties.

 - Publish the photos related to your profile that you send us.

 - Know and accept surveys, statistics, and ratings made by Users when using the service, releasing Zelia from any responsibility derived from such comments or ratings.

 - Use your personal data to promote your professional activity and the place where you provide your services. Also through Zelia will be published the data that the owner wants to make known.

 - Exchange, transfer, and/or transmit under your own account and responsibility the information you choose, such as but not limited to your personal data relating to your profession, profile, medical record, and any other information.

 - Sending notifications regarding changes in privacy notices or terms of use, appointment notices, which you know and accept with the sole use of our services.

 - It is important to point out that Zelia is not responsible for the veracity or accuracy of the personal data that you provide us, as they have not been previously validated and/or verified, so it is your responsibility to include, update, veracity and accuracy of your personal data. The delivery of the information is optional, however, the falsehood or omission of some data will suppose the impossibility to lend correctly the service.


Zelia will implement the security, technical, administrative and physical measures necessary to ensure the integrity of your personal data and avoid its damage, loss, alteration, destruction or unauthorized use, access or treatment. Only companies, personnel authorized by Zelia and/or any of the companies forming part of the economic interest group, which has complied with and observed the corresponding confidentiality requirements, may participate in the processing of your personal data. Authorized personnel is prohibited from allowing access to unauthorized persons and using their personal data for purposes other than those set forth in this document.

You may revoke this consent for the processing of your personal data. However, it is important to note that in all cases we will not be able to respond to your request or terminate your use immediately, as some legal obligation may require further processing of your personal data. Also, you should consider that for certain purposes, the revocation of your consent will imply the termination of your care and / or services provided.

26. About these conditions

Zelia may modify these terms or any additional terms that apply to a Service. We recommend that you periodically review the terms and conditions of use. Zelia will post notices regarding modifications to these terms. Zelia will also post notices regarding changes to the additional terms of the applicable Services. Modifications will not apply retroactively and will be effective from the date of publication. If you do not agree to the modified terms of a Service, you must stop using the Service and request deactivation of your account or Service.

In the event of a conflict between these Terms and the Additional Terms, these Terms shall prevail over the Additional Terms.

These conditions govern the relationship between Zelia and the User, and do not give rise to any rights of which a third party may be the beneficiary.

If you do not comply with these conditions and Zelia does not take any immediate action in this respect, it shall not be understood that Zelia waives any rights it may have or carry out in the future.

The illegality, ineffectiveness, invalidity or nullity of one or more of the stipulations of this document, declared by a competent authority, shall not affect the validity, effectiveness or legality of the remaining stipulations.

Any litigation arising out of or related to these conditions or the Services shall be governed by the laws of the Republic of Costa Rica, the parties submitting to the exclusive jurisdiction of the Courts of the First Judicial Circuit of San José, Costa Rica, assuming, in turn, any expense, fee or cost incurred by Zelia for these purposes.

If you have any problems, questions or ideas, please contact Zelia as indicated below:

Zelia

Customer Service Department

E-mail: team@zelia.marketing

Telephone: +(506) 8576-1137