Terms of USE.

Last Updated: September 1st, 2023

These terms and conditions of use (“Terms of Use”) cover your use of and access to the website located at www.zeliaapp.com, and any associated websites, mobile sites and applications, and products (the “Site”), and the services available through the Site, including email and other electronic communications (collectively, the “Services”).  The Site and the Services are owned and controlled by Zelia App Ltda. and its affiliates (collectively, “Zelia”, “we”, “us”, or “our”).   

 

Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions about these Terms of Use. 

By using or accessing this Site or using the Services, you are agreeing to these Terms of Use and our Privacy Policy. References to “you”, “your”, and similar terms are construed accordingly in these Terms of Use to mean you and any other person using the Site or accessing your Account (as defined below) on your behalf. If you do not agree to these Terms of Use, you should not use or access this Site or use the Services. 

Age Requirement

The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

1. YOUR ACCOUNT

These Terms of Use will remain in full force and effect for as long as you use the Site and any of the Services. In order to access and use certain features of the Site and the Services, you must first create a user account (“Account”) and provide certain information. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. 

You agree that you are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security by emailing us at hello@zelia.app. Zelia cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements in this section.

We may suspend or terminate access to your Account in our sole and absolute discretion. In the case that your Account is terminated, these Terms of Use shall remain, to the extent applicable, in full force and effect.

 

2. USER CONDUCT AND RESPONSIBILITIES

You are required to comply with all applicable federal, state, and local laws in connection with your use of this Site and the Services. As a condition of your use of this Site and the Services, you agree that you will not use this Site or the Services for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information in connection with any and all other uses of this Site and the Services that is true and accurate, identifies only you, and is not false, misleading, or otherwise an impersonation of any person or entity. 

Additionally, you agree not to, without limitation: 

  • Use any content or information available on this Site for any unauthorized purpose;

  • Interfere with or damage this Site or networks connected to this Site or disobey any requirements, procedures, policies, or regulations of networks connected to this Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;

  • Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;

  • Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships; 

  • Attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site;

  • Harvest or collect Personal Information (as defined in our Privacy Policy) about any other individual who uses this Site; 

  • Infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; or

  • Assist any third party in engaging in any activity prohibited by these Terms of Use.

You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, termination of your Account. 

Certain portions of this Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.

3. SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

This Site and the Services may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, computer programs, source and object code, documentation, illustrations, animations, databases, logos, domain names, trade names, trade identities, and other such similar content (collectively, “Content”). Unless otherwise expressly identified, Content is owned by us or by our third-party licensors. Content may be protected by United States and international copyright, trademark, and other laws. You may browse this Site and download Content solely for your personal noncommercial use, provided you keep intact all copyright and other proprietary notices, and only to the extent such use does not violate these Terms of Use. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use this Site or Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to Content at any time without notice. All rights not expressly granted to you in these Terms of Use are reserved and retained by Zelia and/or its content providers.

4. YOUR SUBMISSIONS 

You may choose to submit or otherwise transmit to us your images, comments, questions, feedback, suggestions, surveys, communications, and other information or materials through this Site or the Services or email (collectively, “Submissions”). Except for Personal Information (as defined in our Privacy Policy) maintained in accordance with our Privacy Policy and which may be governed by applicable privacy laws and regulations, you acknowledge and agree that any Submissions will be treated as non-confidential and non-proprietary. You represent and warrant that: (i) you own or otherwise control all of the rights to any Submission; (ii) use of any Submission supplied by you will not violate these Terms of Use; and (iii) the Submission will not cause injury to any person or entity. By providing us Submissions, you give Zelia, its sub-licensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any Submissions provided through this Site or the Services, to the extent permitted by applicable privacy laws. You acknowledge and agree that this license includes a right for Zelia to make such Submissions available to other companies, organizations, or individuals with whom Zelia has relationships, and to use such Submissions in connection with any inquiries or comments. In addition, Zelia shall be free to use any ideas, concepts, know-how, or techniques contained in any Submissions, including, without limitation, developing and marketing products or services using such information.

Copyright Complaints

Zelia respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below in our Notice and Procedure for Copyright Infringement Claims to contact us to report possible copyright infringement.

NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

Zelia’s policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notification to Zelia’s Copyright Agent (listed below).

Please provide the following information in your notification:

  1. The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work(s) that you claim has been infringed;

  3. A description of the location on the Site of the material that you claim to be infringing;

  4. Your address, telephone number, and email address;

  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  6. A statement by you, made under penalty of perjury, that the information in your notification to Zelia is accurate and that you are authorized to act on behalf of the copyright owner.

Zelia’s Copyright Agent can be reached as follows:

Email:  hello@zelia.app

This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on the Site.

Upon receipt of a valid notification of alleged copyright infringement by a third party, Zelia’s policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.

If a notice of copyright infringement has been filed against you, you may file a counter notification with Zelia’s Copyright Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to Zelia’s Copyright Agent that includes the following:

  1. Your physical or electronic signature;

  2. A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;

  3. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;

  4. Your name, address, telephone number, and email address; and

  5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, Zelia may send a copy of the counter notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notification, in Zelia’s sole discretion.

5. PRIVACY

Your privacy is very important to us. Please read our Privacy Policy for information on how your Personal Information provided in connection with your use of this Site will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which are incorporated herein by reference for all applicable purposes. 

6. TERMINATION OF USAGE

Zelia may, without incurring any liability to you, terminate access, or suspend any of your access to all or part of the Site, without notice, for any conduct that Zelia, in its sole discretion, believes is in violation of any applicable law or these Terms of Use, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Zelia.

7. THIRD-PARTY CONTENT AND WEBSITES

This Site may contain links, references, and other forms of connectivity to websites, platforms, and applications maintained and controlled by third parties (“Third Party Sites”). Inclusion of any link to Third Party Sites does not imply an endorsement or recommendation of any material, substance, information, practice, or the owner or proprietor of such Third Party Sites by Zelia. Zelia makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any content or information contained in Third Party Sites and shall have no liability for any damages or injuries of any kind arising from such content or information contained in Third Party Sites. If you decide to access any Third Party Sites linked to by this Site, you do so entirely at your own risk. You should refer to the terms and policies of any Third Party Sites you use to determine your rights and responsibilities. 

8. INDEMNITY‍

You agree to defend, indemnify, reimburse, and hold harmless Zelia and its parents, subsidiaries, shareholders, and affiliated entities, its third party contractors, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorneys’ fees, costs and expenses, and court costs) arising out of or related to: (i) your use of this Site and Content; (ii) your violation, breach, or alleged breach of these Terms of Use or our Privacy Policy; and (iii) your violation or alleged or threatened violation of any laws, rules, or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from your Submissions. 

9. DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, CONTENT, AND INFORMATION, IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZELIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. ZELIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ANY OTHER WEBSITES LINKED TO THIS SITE. CONTENT AND ANY OTHER MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND ZELIA MAKES NO COMMITMENT TO UPDATE CONTENT ON THIS SITE. ZELIA DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ZELIA DOES NOT WARRANT THAT THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE OR ANY ASSOCIATED SOFTWARE, MATERIALS, CONTENT, OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZELIA OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. 

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL ZELIA BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR RESULTING FROM THE USE OF THIS SITE OR THE SERVICES, ANY WEBSITES LINKED TO THIS SITE, CONTENT, SOFTWARE, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH WEBSITES, INCLUDING WITHOUT LIMITATION, ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SERVICES, OUR CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND THE SERVICES. 

11. GOVERNING LAW AND DISPUTE RESOLUTION 

THESE TERMS OF USE SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT CONSIDERATION OF ITS CONFLICT OF LAW PRINCIPLES AND CUSTOMER, BY ACCEPTING THIS AGREEMENT, CONSENTS AND AGREES TO EXCLUSIVE JURISDICTION IN THE SUPREME COURT FOR THE STATE OF NEW YORK, NEW YORK COUNTY, PROVIDED THAT A PARTY MAY SEEK ENFORCEMENT OF A JUDGMENT OF SUCH COURTS IN ANY COURT OF COMPETENT JURISDICTION. BOTH ZELIA AND USER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN THE PARTIES.

12. SMS TERMS AND CONDITIONS

By texting Zelia from your mobile phone, you agree to receive recurring messages from Zelia on your mobile phone. Consent is not a condition of purchase. Reply STOP to cancel or HELP for help. Customer Service: +1 312 960 9552. Standard message and data rates may apply. The mobile carriers are not liable for delayed or undelivered messages.

13. Mobile Service, Internet and Service Fees

The following section applies to users of Zelia’s mobile application (the "Application"). The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Zelia, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

The Application may not work with all devices or all mobile carriers. Zelia makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), to which you will be required to agree prior to your use of such services.

14. NO THIRD PARTY RIGHTS

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Zelia, and our successors and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you and Zelia and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Zelia, and our successors and assigns.

15. ASSIGNMENT 

Zelia shall have the right to assign these Terms of Use in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under these Terms of Use without the prior written consent of Zelia.

16. ENTIRE AGREEMENT

These Terms of Use, together with our Privacy Policy, set forth the entire understanding and agreement of you and Zelia as to the subject matter hereof and supersede all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Zelia’s failure to act with respect to a breach by you or others does not waive Zelia’s right to act with respect to antecedent, subsequent, or similar breaches.

17. FORCE MAJEURE 

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

18. MODIFICATION

Zelia reserves the right to modify these Terms of Use from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on this Site and/or notify you via email. Any use of this Site after such changes shall be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

 

19. CONTACT US

If you have any questions regarding these Terms of Use, please contact us at: 

Zelia App Ltda. 

hello@zelia.app

(Or via the form below)

CONTACT US ABOUT OUR TERMS OF USE