By accessing or using the Zhelyra website and services, you agree to be bound by these terms and conditions, our privacy policy, and any additional terms and policies referenced herein. If you do not agree to these terms, you may not access or use our website or services.
These terms constitute a legally binding agreement between you and Zhelyra. You acknowledge and agree that your use of our website and services is subject to these terms and conditions, which may be updated or modified from time to time without prior notice.
You understand that it is your responsibility to review these terms periodically for any changes. Your continued use of our website and services after the posting of any modifications constitutes acceptance of those changes. If you do not agree with any part of these terms or any future updates, you must discontinue your use of our website and services.
By accepting these terms, you also consent to the collection, use, and disclosure of your personal information as described in our privacy policy. Please review our privacy policy carefully to understand how we collect, use, and protect your information.
You are solely responsible for your use of the Zhelyra website and services, including any content you submit, share, or transmit through our platform. You agree to comply with all applicable laws, regulations, and third-party agreements while using our website and services.
You must not engage in any illegal, unauthorized, or prohibited activities on our platform, including but not limited to: violating intellectual property rights, distributing spam or malicious content, impersonating others or engaging in fraudulent activities, and attempting to gain unauthorized access to our systems or data.
You agree to use our website and services in a manner consistent with their intended purpose and in compliance with these terms and any additional guidelines or instructions provided by Zhelyra. You acknowledge that any use of our platform that violates these terms may result in the termination of your access to our website and services.
You also agree not to interfere with the operation of our website or services, including by introducing viruses, malware, or other harmful code, attempting to circumvent security measures, or engaging in any activity that disrupts or impairs the functionality of our platform.
All content, features, and functionality on the Zhelyra website, including but not limited to text, graphics, logos, images, and software, are the intellectual property of Zhelyra or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not modify, reproduce, distribute, transmit, display, perform, or create derivative works of any content on our website without prior written permission from Zhelyra. Unauthorized use of our intellectual property may result in legal action and termination of your access to our platform.
You acknowledge and agree that any feedback, suggestions, or contributions you provide to Zhelyra regarding our website or services may be used by Zhelyra without any obligation to compensate you or maintain their confidentiality. By submitting feedback or contributions, you grant Zhelyra a perpetual, irrevocable, worldwide, royalty-free license to use, modify, adapt, publish, translate, distribute, and display such feedback or contributions in any form or media.
If you believe that any content on the Zhelyra website infringes your intellectual property rights or violates applicable laws, please contact us immediately at support@zhelyra.com. We take intellectual property rights seriously and will investigate any reported infringements in accordance with our policies and legal obligations.
In no event shall Zhelyra or its affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Zhelyra has been advised of the possibility of such damages.
You agree that the aggregate liability of Zhelyra and its affiliates, directors, officers, employees, agents, and licensors, whether in contract, warranty, tort (including negligence), or any other legal theory, shall not exceed the total amount paid by you to Zhelyra, if any, for accessing or using our website or services during the twelve (12) months prior to the date of the claim.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, Zhelyra's liability shall be limited to the maximum extent permitted by law.
When using the Zhelyra website and services, you agree to abide by our user conduct guidelines. You must not engage in any activity that is harmful, offensive, or disruptive to other users or the proper functioning of our platform. This includes but is not limited to: harassment, hate speech, spamming, or unauthorized access to user accounts.
You are solely responsible for the content you post or share on Zhelyra, and you must ensure that it does not violate any laws or third-party rights. We reserve the right to remove any content or suspend accounts that violate our user conduct guidelines, without prior notice or liability.
By using our website and services, you agree to report any violations of our user conduct guidelines promptly. We rely on our community to help maintain a safe and respectful environment for all users. If you encounter any inappropriate behavior or content, please contact us at conduct@zhelyra.com.
Zhelyra may take appropriate action against users who violate our user conduct guidelines, including but not limited to: warning, suspension, or permanent ban from our platform. We reserve the right to enforce these measures at our discretion, based on the severity and frequency of the violations.
Zhelyra reserves the right to suspend or terminate your access to our website and services at any time, for any reason or no reason, without prior notice or liability. We may also remove or disable any content you have posted or shared on our platform, without obligation to provide a reason or explanation.
You may terminate your account with Zhelyra at any time by contacting us at support@zhelyra.com. Upon termination, you will lose access to your account and any associated data or content. We may retain certain information for archival or legal purposes, in accordance with our privacy policy.
Zhelyra shall not be liable to you or any third party for any damages or losses arising from the suspension or termination of your access to our website and services. You agree to indemnify and hold harmless Zhelyra and its affiliates, directors, officers, employees, agents, and licensors from any claims, damages, or liabilities resulting from your use of our platform or any violation of these terms.
Upon termination of your account, you are no longer authorized to access or use our website and services, and any provisions of these terms that would reasonably be expected to survive termination shall continue to apply.
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Zhelyra operates, without regard to its conflict of law provisions. Any dispute arising out of or relating to these terms and conditions shall be exclusively resolved by arbitration.
The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or other mutually agreed-upon arbitration organization. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You agree to waive any right to a jury trial in any legal proceedings arising out of or related to these terms and conditions. You also agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Zhelyra.
If you have any questions or concerns about these terms and conditions, please contact us at support@zhelyra.com. We are committed to ensuring that our users understand their rights and obligations when using our website and services.
Zhelyra reserves the right to modify, amend, or update these terms and conditions at any time, without prior notice or liability. We may revise these terms to reflect changes in our business practices, legal requirements, or technological advancements. Any modifications will be effective immediately upon posting on our website.
It is your responsibility to review these terms periodically for any updates or changes. Your continued use of our website and services after the posting of any modifications constitutes acceptance of those changes. If you do not agree with the revised terms, you must discontinue your use of our platform.
Zhelyra may also notify you of significant changes to these terms via email or through our platform. By providing your email address and consenting to receive communications from us, you agree to receive such notifications. Please ensure that your contact information is accurate and up-to-date to receive important updates from us.
If you have any questions or concerns about the modifications to these terms, please contact us at support@zhelyra.com. We are committed to ensuring transparency and providing you with timely updates about changes that may affect your use of our website and services.
If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless remain in full force and effect to the fullest extent permitted by law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue to be binding on the parties.
In the event that any provision is deemed invalid, illegal, or unenforceable, the parties agree to replace such provision with a valid, legal, and enforceable provision that achieves the intended economic effect of the invalid provision to the greatest extent possible.
The failure of Zhelyra to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. No waiver of any term or condition of these terms shall be effective unless provided in writing and signed by an authorized representative of Zhelyra.
If you have any questions or concerns about the severability of these terms, please contact us at support@zhelyra.com for clarification. We are committed to ensuring that these terms remain enforceable and effective in accordance with applicable laws and regulations.
These terms and conditions constitute the entire agreement between you and Zhelyra regarding your use of our website and services, superseding any prior agreements or understandings, whether oral or written, between you and Zhelyra. These terms govern your use of our platform and may only be modified by written agreement between you and Zhelyra.
You acknowledge and agree that you have not relied on any representations, warranties, or promises not expressly set forth in these terms. Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
If you have any questions or concerns about the entire agreement clause of these terms, please contact us at support@zhelyra.com. We are committed to ensuring that our terms and conditions accurately reflect our agreement with you and provide clarity on your rights and obligations when using our platform.