Terms and Conditions - Zelina

2. Eligibility and Account Registration

To access and benefit from Zelina’s intelligent content planning and automation services, you must meet our eligibility criteria and follow proper account setup protocols. This section outlines who can use Zelina and the responsibilities that come with maintaining a user account.

2.1 Eligibility Requirements

To register and use Zelina, you must:

• Be at least 18 years old or the legal age of majority in your jurisdiction.
• Possess the legal capacity to enter into a binding contract.
• Use the platform only for lawful purposes and in compliance with these Terms and all applicable local, national, and international laws.
• Not be previously suspended or removed from using Zelina for any violation of our policies.
• Not use Zelina for deceptive, abusive, or spam-related activity across social media platforms.

If you are creating an account on behalf of a business, agency, or organization, you represent and warrant that you are authorized to bind that entity to these Terms and are responsible for its compliance.

2.2 Account Registration

To access Zelina’s advanced AI content planning and automation tools, you are required to create an account. During registration, you agree to:

• Provide accurate, complete, and current information including a valid email address.s
• Maintain and update your account information to ensure it remains true and up-to-date.
• Choose a secure password and maintain its confidentiality.
• Be solely responsible for all activities that occur under your account, including content creation, scheduling, approvals, and platform interactions.

Zelina reserves the right to suspend or terminate your account if any provided information is inaccurate or misleading.

2.3 Account Access and Security

You are responsible for safeguarding your account credentials and for any activity conducted through your account. You agree to:

• Use a strong and unique password and keep it confidential.
• Not share your login credentials with others.
• Notify Zelina immediately if you suspect unauthorized access, security breaches, or misuse of your account.

For your protection, Zelina uses secure OAuth-based integrations to connect with third-party platforms (e.g., social media accounts). Your third-party credentials are not stored or visible to Zelina.

2.4 Subscription and Access Tiers

Zelina offers a range of subscription options including:

• Free Plan: Limited access to core features for individual or early-stage use.
• Trial Plan: Temporary access to premium features for evaluation purposes.
• Paid Plans: Full access to advanced tools such as AI-powered content generation, auto-scheduling, performance analytics, and brand workspace features.

You can upgrade, downgrade, or cancel your plan at any time through your account settings. Subscriptions may auto-renew unless canceled in accordance with our Billing Policy.

2.5 Responsibility for Platform Use

You are solely responsible for all content and actions associated with your Zelina account. This includes:

• Reviewing and approving AI-generated content before scheduling or publishing.
• Ensuring content does not violate platform rules, copyright laws, or community guidelines of third-party platforms (e.g., Instagram, LinkedIn, Facebook).
• Maintaining ethical and brand-safe communication across your connected channels.

Zelina is a facilitation tool—you remain in full control of final output and are accountable for its use and consequences.

3. Acceptance of Terms

3.1 Agreement to the Terms

By accessing, registering for, or using any part of the Zelina platform—whether it’s the website, content creation tools, scheduling interface, or analytics dashboard—you confirm that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy and any additional guidelines applicable to specific features.

If you do not agree with these Terms, you may not use or access the Services.

3.2 Legal Commitment

These Terms form a binding agreement between you and the platform. Whether you're using Zelina as an individual or on behalf of a business, you affirm that you have the authority to enter into this agreement. If you are registering on behalf of an organization, "you" includes both you and the organization.

3.3 Updates and Modifications

We may revise these Terms periodically to reflect updates to our services, compliance needs, or user feedback. Any modifications will be made available through the platform or communicated directly via email or notifications.
By continuing to use the Services after an update, you are agreeing to the revised Terms. If you do not agree with the changes, you must discontinue your use of the platform.

3.4 Feature-Specific Terms

Some services or tools within Zelina—such as AI modules, integrations, or premium features—may be subject to additional terms. When you access those features, you may be prompted to review and accept separate terms and policies, which then become part of this overall agreement.

3.5 Responsibility to Stay Informed

You are responsible for reviewing the Terms regularly and understanding how they apply to your use of the platform. Failure to read or review changes does not exempt you from compliance.

4. Account Security

4.1 Responsibility for Account Activity

You are solely responsible for maintaining the confidentiality of your login credentials, including your username and password. Any activity that occurs under your account is deemed to have been performed by you or with your authorization, unless proven otherwise.
You agree to immediately notify Zelina of any unauthorized access, suspected security breach, or unusual activity associated with your account.

4.2 Secure Access

To help protect your account, you must:

• Use a strong and secure password;
• Log out of your account at the end of each session;
• Avoid sharing login credentials with others;
• Regularly update your password;
• Use two-factor authentication (2FA) if offered.

Failure to maintain secure practices may result in loss of data, unauthorized actions, or suspension of access to the platform.

4.3 Device and Integration Security

If you integrate Zelina with third-party tools (e.g., social media accounts, scheduling apps), you are responsible for securing those external services and ensuring access permissions are managed properly.
Zelina is not responsible for data loss or breaches resulting from compromised third-party accounts or devices used to access the platform.

4.4 Multiple Users and Teams

If your account includes team access, you are responsible for managing roles and permissions. You must ensure that team members follow these Terms and do not misuse the account or platform. Misuse by team members may result in account suspension or termination.

4.5 Account Suspension Due to Security Risks

We reserve the right to suspend or restrict access to your account if we detect suspicious activity, breaches, or threats to the integrity of our systems or services. You will be notified in such cases and may be required to verify your identity before restoring access.

5. User Responsibilities

5.1 Compliance with Applicable Laws

As a user of Zelina, you agree to use the platform in full compliance with all applicable local, national, and international laws, regulations, and third-party rights. You must ensure that all content you create, upload, schedule, or publish through Zelina does not infringe on intellectual property rights, violate data protection laws, or breach community guidelines of connected platforms (e.g., Instagram, Facebook, LinkedIn).

5.2 Responsible Use of AI Features

Zelina provides AI-powered tools to assist in content generation, planning, and performance analysis. You are responsible for reviewing, editing, and approving all AI-generated content before publishing. Zelina does not assume liability for any content that violates laws, community standards, or platform policies, even if generated by the AI.

5.3 Accuracy and Truthfulness of Content

You are solely responsible for the accuracy, reliability, and appropriateness of the content you publish using Zelina. This includes claims, offers, or representations made in your posts. Zelina does not verify content before publication and shall not be held liable for misinformation or misleading communications.

5.4 Prohibited Conduct

You agree not to:

• Use the Services for unlawful, harmful, fraudulent, misleading, or defamatory purposes;
• Harass, threaten, abuse, or impersonate other users or individuals;
• Interfere with or disrupt the integrity, performance, or security of Zelina’s platform;
• Reverse engineer, duplicate, or exploit any part of the platform without explicit permission;
• Upload or distribute viruses, malware, or other harmful code;
• Attempt to gain unauthorized access to any part of the Services or its infrastructure.

5.5 Responsibility for Third-Party Integrations

If you connect Zelina to third-party accounts or services, such as social media platforms or cloud storage, you are responsible for managing those integrations. Ensure that any permissions or data shared comply with the terms of those third-party services.

5.6 Reporting Issues

You agree to promptly report any technical issues, security vulnerabilities, or content-related concerns encountered while using Zelina. We rely on responsible reporting to maintain the platform’s reliability and safety for all users.

6. Subscription Plans and Payments

6.1 Subscription Requirements

Access to certain features of the Zelina platform may require a paid subscription. Users can choose from different subscription tiers, each offering specific features, usage limits, and service levels. Free trials or promotional access may be offered at Zelina’s discretion.

6.2 Billing and Payment Terms

By subscribing to a paid plan, you authorize Zelina to charge the applicable fees to your selected payment method. All prices are quoted in your selected currency and are exclusive of applicable taxes. Payments are billed in advance on a recurring basis (monthly or annually) depending on the plan you select, unless explicitly stated otherwise.

6.3 Automatic Renewals

Unless canceled before the end of the current billing cycle, your subscription will automatically renew under the same plan and billing terms. You are responsible for canceling your subscription in advance if you do not wish to continue.

6.4 Upgrades and Downgrades

You may upgrade or downgrade your subscription plan at any time through your account settings. Plan changes may result in immediate or prorated charges, depending on your billing cycle and the new plan selected.

6.5 Failed Payments

If a payment is declined or fails, Zelina may attempt to reprocess the payment. Repeated failures may result in account suspension or limited access to the Services until payment is completed successfully.

6.6 Refund Policy

Zelina does not typically offer refunds for unused time or partial months of service. Exceptions may be made for technical errors or billing issues at Zelina’s sole discretion. If you believe you were incorrectly charged, please contact support promptly for resolution.

6.7 Taxes and Duties

You are responsible for any taxes, duties, or government-imposed charges associated with your use of the Services. Zelina may collect such taxes where required by law.

6.8 Changes to Pricing

Zelina reserves the right to modify pricing or introduce new charges at any time with prior notice. Continued use of the Services after the effective date of such changes constitutes your acceptance of the updated pricing.

7. Content Ownership and Usage Rights

7.1 User-Generated Content

As a user of Zelina, you retain full ownership of any original content you generate, upload, schedule, or publish through the platform—including but not limited to text, images, videos, captions, and hashtags (“User Content”). Zelina does not claim ownership over your User Content.

7.2 Use of Content by Zelina

You grant Zelina a limited, non-exclusive, revocable license to access, store, process, and display your User Content solely for the purpose of delivering the Services. This includes providing AI-powered recommendations, scheduling posts, generating content, and enabling platform features you actively use.
Zelina will never publicly share, publish, or use your content for marketing or demonstration purposes without your explicit permission.

7.3 AI-Generated Content

Content generated using Zelina’s AI tools is based on user prompts, context, and configurations. While you are free to use, modify, and publish this AI-generated content, it is your responsibility to ensure that the final content complies with legal, ethical, and platform-specific standards.
Zelina does not guarantee that AI-generated content will be free from errors, plagiarism, or violations of third-party rights.

7.4 Responsibility for Content

You are solely responsible for all content created or published through your Zelina account. This includes ensuring that:

• Your content does not infringe on copyrights, trademarks, or intellectual property rights.
• It does not violate any laws or social media platform policies.
• It is appropriate, accurate, and respectful to your audience.

7.5 Removal of Content

Zelina reserves the right to remove or disable access to any content that is found to be in violation of these Terms, is harmful to the platform, or is flagged by other users or third-party services. Zelina will notify you where possible before taking such action.

8. Third-Party Services and Integrations

8.1 Integration with External Platforms

Zelina enables integrations with various third-party services such as social media platforms (e.g., Instagram, Facebook, LinkedIn, X), cloud storage providers, analytics tools, and other applications to help you streamline your content planning and publishing process.
By connecting these services to your Zelina account, you grant us the necessary permissions to access and interact with those platforms solely on your behalf to facilitate the Services you’ve opted into—such as scheduling posts, retrieving performance metrics, or syncing media files.

8.2 Responsibility for Third-Party Accounts

You are solely responsible for maintaining access to and control over any third-party accounts you choose to integrate with Zelina. This includes ensuring that login credentials are secure and valid and that your use of such third-party platforms complies with their respective terms of service.
Zelina cannot be held liable for any disruptions, errors, or losses resulting from changes or issues within those third-party platforms.

8.3 Data Exchange and Privacy

When you connect a third-party service to Zelina, certain data may be shared between the two systems to enable functionality—such as posting schedules, performance analytics, media files, or access tokens. All such data is handled in accordance with our [Privacy Policy] and the data protection practices of the third-party provider.
We recommend reviewing the privacy policies of any external service you choose to integrate with Zelina.

8.4 Limitations and Changes

Zelina is not responsible for the availability, accuracy, or continued functionality of third-party services. Integration capabilities may change, be limited, or discontinued at any time due to changes on the part of the third party or internal platform updates.
We will make reasonable efforts to notify users of any major disruptions or discontinuations of critical third-party integrations.

9. Intellectual Property

9.1 Ownership of Zelina Content

All intellectual property rights in and to the Services—including but not limited to the platform interface, algorithms, AI models, branding elements, text, graphics, software code, user interface design, documentation, and all other content created or owned by Zelina—remain the sole property of Zelina. These elements are protected by applicable intellectual property laws, including copyright, trademark, trade secret, and other proprietary rights.
You agree not to copy, reproduce, modify, distribute, display, perform, publish, or create derivative works from any part of the Zelina Services without express prior written permission, except where such use is expressly permitted by these Terms.

9.2 User-Generated Content

As a user, you retain all rights to the original content you create, upload, or publish using Zelina’s platform ("User Content"). By using the Services, you grant Zelina a limited, non-exclusive, royalty-free, worldwide license to use, store, reproduce, process, and display your User Content solely for the purpose of operating, enhancing, and delivering the Services to you.
Zelina does not claim ownership of your User Content. However, we reserve the right to remove any content that violates these Terms, applicable laws, or third-party rights.

9.3 AI-Generated Content

Content generated through Zelina’s AI tools is provided to assist your creative and strategic needs. You are responsible for reviewing, editing, and approving such content before use or publication. While Zelina provides the tools to assist with creation, you remain the owner of AI-generated content that is customized or finalized through your account.
Zelina disclaims any liability arising from the use of AI-generated content that infringes upon third-party rights or violates any laws.

9.4 Trademarks

The name "Zelina," its logo, and all related names, marks, and branding used in connection with the Services are trademarks of Zelina. You may not use any of these without our prior written consent, except to identify the Services as permitted by fair use or applicable law.

9.5 Feedback and Suggestions

If you choose to provide Zelina with feedback, comments, or suggestions for improvements, you acknowledge and agree that such feedback becomes the sole property of Zelina. We may use this information without restriction or compensation to you, and you waive any claims to the intellectual property rights related to such feedback.

10. Prohibited Activities

To maintain a safe, lawful, and efficient platform for all users, you agree not to engage in any of the following prohibited activities while using Zelina:

10.1 Unauthorized Access and Use

• Accessing or attempting to access any part of the Services without proper authorization.
• Bypassing or circumventing security measures, authentication protocols, or access restrictions.
• Using another user's account without permission.

10.2 Misuse of Platform or Tools

• Using Zelina’s AI, automation tools, or any feature in a way that disrupts or negatively affects system performance, security, or functionality.
• Scraping, data-mining, or harvesting data from Zelina or its users without prior consent.

10.3 Content Violations

• Uploading, generating, or publishing content that is unlawful, misleading, harmful, abusive, defamatory, obscene, discriminatory, or violates the rights of any third party.
• Sharing or promoting false or misleading information, including through AI-generated content.
• Violating intellectual property rights, including copyrights, trademarks, or trade secrets.

10.4 Platform Abuse

• Using Zelina to send spam, unsolicited content, bulk communications, or for phishing or malware distribution.
• Exploiting or attempting to exploit bugs, errors, or technical vulnerabilities in the platform.

10.5 Impersonation and Misrepresentation

• Impersonating any person or entity, or falsely claiming an affiliation with any organization.
• Misrepresenting the origin, authorship, or nature of content created or shared using Zelina.

10.6 Illegal or Unethical Activity

• Using the platform for any unlawful purpose or in violation of any local, national, or international laws and regulations.
• Engaging in fraudulent activity, including identity theft, financial fraud, or unauthorized transactions.

10.7 Disruption and Harassment

• Harassing, threatening, or intimidating other users or Zelina representatives.
• Interfering with or disrupting the normal functioning of the Services or servers.
• Zelina reserves the right to suspend or terminate your account if you are found to be engaging in any prohibited activity. Repeated or severe violations may lead to legal action or permanent ban from the platform.

11. Risks and Limitation of Liability

11.1 Service Limitations and Risks

While Zelina strives to offer a reliable and intelligent AI-powered platform for social media content creation and management, you understand and accept that:

• AI-Generated Content: Content produced or suggested by Zelina's AI tools may not always be accurate, complete, or contextually appropriate. Final judgment, review, and responsibility lie with the user.
• Third-Party Integrations: Use of third-party platforms (e.g., social media APIs, analytics tools) involves dependencies that are outside Zelina's control and may affect service availability or performance.
• Downtime and Errors: Like any software platform, Zelina may occasionally experience interruptions, bugs, or system errors, and we cannot guarantee continuous availability or flawless operation.
• Content Performance: Zelina offers tools to enhance your content strategy, but we do not guarantee specific outcomes, such as increased engagement, reach, or revenue.

11.2 Limitation of Liability

To the maximum extent permitted by law:

• No Liability for Indirect Damages: Zelina shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities.
• Service-Based Responsibility: Our liability, if any, is strictly limited to the amount you paid to Zelina for the use of the Services during the 3 months immediately preceding the event giving rise to the claim.
• User Responsibility: You are solely responsible for reviewing and approving all content before publishing. Zelina is not liable for any consequences arising from the content you create, schedule, or post using the platform.

11.3 Assumption of Risk

By using Zelina, you assume full responsibility for any risks associated with the use of AI tools, publishing content to third-party platforms, and relying on automated suggestions or analytics.

12. Termination and Suspension

12.1 Termination by You

• You may terminate your account and stop using Zelina at any time by following the account cancellation process provided within the platform settings. Upon termination:
  • Violation of these Terms or any applicable law.
  • Use of the platform in a manner that causes harm or risk to Zelina, its infrastructure, users, or third-party services.
  • Non-payment of subscription fees or chargebacks.
  • Suspected fraudulent or abusive activity.
• In the case of termination for cause, access to your account, services, and associated data may be permanently revoked without compensation or reinstatement.

12.3 Effect of Termination

Upon termination or suspension:

• Your license to use Zelina’s services will immediately cease.
• We may, but are not obligated to, retain or provide access to your data for a limited time.
• You remain responsible for any outstanding charges or obligations incurred prior to termination.

12.4 Survival of Terms

Sections related to Intellectual Property, Limitations of Liability, Governing Law, Dispute Resolution, and other provisions that by nature should survive will remain in effect even after termination.

13. User-Generated Content

13.1 Ownership of Content

• You retain full ownership of any content you create, upload, publish, or schedule using Zelina’s platform, including text, images, videos, designs, and other digital media (“User Content”). Zelina does not claim ownership of your content.

13.2 License to Use

By uploading or creating content on Zelina, you grant us a non-exclusive, royalty-free, and limited license to store, display, and process your content solely for the purpose of providing and improving our services (e.g., scheduling posts, analyzing performance, AI training under consent, etc.).

15. Dispute Resolution

15.1 Informal Resolution

We encourage users to contact our support team first to resolve any disputes or concerns regarding the service. Most issues can be resolved quickly and informally.

15.2 Governing Law

These Terms are governed by and construed in accordance with the applicable laws of your jurisdiction or the location where Zelina operates. You agree to comply with all applicable local, state, national, and international laws.

15.3 Binding Arbitration

If a dispute cannot be resolved informally, it shall be settled through binding arbitration, where permitted by law. The arbitration process will follow a fair and neutral procedure, and both parties agree to waive the right to pursue class actions.

15.4 Venue

Unless otherwise required by applicable law, any legal proceedings will be brought in the appropriate courts or arbitration centers selected by Zelina based on your location or usage.

16. Uncontrollable Events (Force Majeure)

16.1 Definition of Force Majeure

Zelina shall not be held liable for any failure to perform, delay, or interruption in the delivery of services due to circumstances beyond our reasonable control (“Force Majeure Events”). These include, but are not limited to:

• Natural disasters (e.g., floods, earthquakes, storms)
• Acts of war, terrorism, riots, or civil unrest
• Government actions, sanctions, or legal restrictions
• Pandemic outbreaks or public health emergencies
• Internet service disruptions, power outages, or cyberattacks
• Labor strikes or industrial actions

16.2 Limitation of Liability

In the event of a Force Majeure, Zelina will make reasonable efforts to resume operations as quickly and securely as possible. However, we are not responsible for any loss, damage, or inconvenience caused during such disruptions.

16.3 User Acknowledgment

By using our services, you acknowledge and agree that Force Majeure Events are beyond our control and may affect your access to, or use of, the platform temporarily. You agree not to hold Zelina liable for such interruptions.

17. General Provisions

17.1 Entire Agreement

These Terms, along with our Privacy Policy and any additional guidelines or policies posted on the platform, constitute the complete agreement between you and Zelina regarding the use of our Services. They supersede all prior agreements, understandings, or representations.

17.2 No Waiver

If Zelina does not enforce any provision of these Terms immediately, it does not mean we are waiving our right to do so later. Any waiver must be in writing to be legally effective.

17.3 Severability

If any part of these Terms is found to be invalid, illegal, or unenforceable, that part shall be removed or limited to the minimum extent necessary, and the remaining provisions will continue in full force.

17.4 No Agency Relationship

Using Zelina does not create any agency, partnership, joint venture, or employment relationship between you and us. You agree that you have no authority to bind Zelina in any way.

17.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign these Terms to any affiliate or successor as part of a merger, acquisition, or sale of assets.

17.6 Survival

Any provision of these Terms that by its nature should survive termination (including but not limited to provisions on intellectual property, limitations of liability, indemnity, and dispute resolution) will remain in effect after termination of your use of the platform.

18. Indemnification

18.1 Your Responsibility to Indemnify

You agree to indemnify, defend, and hold harmless Zelina and its affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Services;
• Any violation of these Terms;
• Any content you submit, upload, generate, or distribute through the platform;
• Your violation of any applicable law, regulation, or rights of a third party (including intellectual property or privacy rights).

18.2 Defense and Cooperation

Zelina reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Zelina in defending any such claims and not to settle any matter without Zelina’s prior written consent.

19. Amendments & Updates

19.1 Right to Modify

We may update, modify, or revise these Terms at any time to reflect changes in our services, legal obligations, or business practices. When changes are made, we will revise the "Last Updated" date at the top of the Terms and may provide notice through the platform, email, or other reasonable means.

19.2 Continued Use

Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the platform and terminate your account.

19.3 Review Responsibility

It is your responsibility to review these Terms periodically to stay informed of any updates. We encourage users to check this page regularly for the most current version.

20.  Contact Information

If you have any questions or concerns regarding these Terms, please contact Zelina support at marketing.zelena@gmail.com