Terms of Service
1. Purpose
The purpose of these Terms of Use (hereinafter the "Terms") is to define the terms and conditions under which Zylior makes its growth management software platform available to its professional customers, accessible in SaaS mode (Software as a Service), as well as the respective rights and obligations of the parties in this regard.
Access to the Service implies the User's full, complete, and unreserved acceptance of these Terms. By creating an Account or subscribing to a Subscription, the Customer acknowledges having read these terms and expressly accepts them. Failing acceptance, the User must refrain from using the Service.
As the Service is intended exclusively for professional use (B2B), it is aimed at founders, agencies, and businesses acting within the scope of their commercial activity. These Terms do not fall under consumer law.
2. Definitions
In these Terms of Service, the capitalized terms below have the following meaning:
- Zylior: brand and platform operated and published by Levelthree saas-system LLC, a single-member LLC formed under the laws of the State of New Mexico (United States), with its registered office at 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA; provider of the Service, reachable at legal@zylior.com.
- Service: all features, modules and tools of the Zylior platform accessible online, including in particular advertising management, content production, lead acquisition, appointment booking and automation, assisted by artificial intelligence.
- Customer: the legal entity or sole trader that has subscribed to a Subscription to the Service.
- User: any natural person authorized by the Customer to access the Service by means of credentials.
- Account: the secure personal space allowing the User to access the Service and manage its settings.
- Subscription: the subscription plan chosen by the Customer, determining the applicable functional scope, quotas and price.
- Customer Data: all content, information and data uploaded, entered or generated by the User in the course of using the Service.
3. Account & access
Use of the Service requires the creation of an Account. The Customer warrants the accuracy, truthfulness, and currency of the information provided at registration and undertakes to keep it up to date throughout the duration of the contractual relationship.
3.1 Credentials and security
Login credentials are strictly personal and confidential. The User is solely responsible for keeping them safe and for any use of the Service made with their credentials. In the event of loss, theft, or suspected compromise, the User undertakes to inform Zylior without delay and to change their credentials.
3.2 Access conditions
Access to the Service requires an internet connection and a recent browser. Network access costs and the necessary equipment remain the sole responsibility of the User. Zylior cannot be held liable for malfunctions attributable to the Customer's technical environment.
4. Subscription & payment
Access to the Service is granted under a Subscription taken out according to the plan and billing cycle (monthly or annual) chosen by the Customer. The features, quotas and prices of each plan are set out on the pricing page of the site at the time of subscription.
4.1 Price and billing
Prices are stated in euros and are exclusive of taxes, with VAT and any other applicable tax being added at the rate in force. Billing occurs in advance, at the beginning of each Subscription period. Payment is due on the due date shown on the invoice.
4.2 Payment terms
Payment is made by the payment methods offered at the time of subscription. The Customer authorizes Zylior, or its payment provider, to automatically charge the amount due at each renewal date, unless terminated under the conditions of Article 5.
4.3 Failure to pay
Any late payment or failure to pay may result, after a formal notice has remained unsuccessful, in the suspension of access to the Service as well as the application of late-payment interest at the statutory rate and a fixed indemnity for recovery costs, in accordance with applicable regulations.
4.4 Price revision
Zylior reserves the right to modify its prices. Any price change is notified to the Customer at least thirty (30) days before it takes effect and applies only as of the next renewal of the Subscription.
4.5 Trial, withdrawal and refund
The free trial lasts fourteen (14) days and requires no credit card or payment. Although the Service is intended for a professional clientele (B2B), Levelthree saas-system LLC voluntarily grants, for any first paid Subscription, a right of withdrawal of fourteen (14) days from the date of subscription: upon a simple request sent to legal@zylior.com within this period, the first payment is refunded in full. Beyond this period, the Subscription remains terminable at any time under the conditions of Article 5, without refund of periods already commenced.
5. Term & termination
The Subscription is entered into for the term corresponding to the chosen billing cycle. It renews automatically for successive periods of the same duration, unless terminated by one of the parties under the conditions set out below.
5.1 Termination by the Customer
The Customer may terminate its Subscription at any time from its management area or by a request sent to legal@zylior.com. Termination takes effect at the end of the current Subscription period, without early interruption of the Service. Amounts already paid for the current period are non-refundable, subject to the right of withdrawal of fourteen (14) days provided for in Article 4.5 and to any mandatory legal provision to the contrary.
5.2 Termination by Zylior
Zylior may terminate the Subscription as of right in the event of a serious breach by the Customer of its obligations, in particular as regards payment or use, not remedied within fifteen (15) days following a formal notice.
5.3 Effects of termination
Upon the end of the contractual relationship, access to the Service is deactivated. The Customer has a period of thirty (30) days to retrieve its Customer Data, after which it may be irreversibly deleted, subject to Zylior's legal retention obligations.
6. User obligations
The User undertakes to make fair, lawful, and compliant use of the Service. To that end, they refrain in particular from:
- using the Service for unlawful, fraudulent, deceptive purposes or contrary to public order and accepted standards of behavior;
- distributing, via the Service, unlawful, defamatory, deceptive, or infringing content or content that infringes the rights of third parties;
- circumventing, disabling, or compromising the security measures, quotas, or technical limitations of the Service;
- attempting to gain unauthorized access to the systems, servers, or data associated with the Service;
- carrying out any reverse engineering, decompilation, or unauthorized extraction of the code or databases;
- reselling, sublicensing, or making the Service available to third parties without Zylior's prior written authorization;
- using the Service to send unsolicited communications in violation of applicable regulations.
The User remains solely responsible for the content they publish, the campaigns they deploy, and the use they make of the results produced by the Service, including those generated by the artificial intelligence features, which it is their responsibility to verify before any use.
7. Availability & service level
Zylior implements reasonable means to ensure the availability and continuity of the Service. The platform is in principle accessible 24 hours a day, 7 days a week, subject to maintenance operations and cases of force majeure.
| Commitment | Target level |
|---|---|
| Monthly availability rate | 99.5% (excluding scheduled maintenance) |
| Scheduled maintenance | Notified at least 48 hours in advance |
| Technical support | Business days, by email at legal@zylior.com |
Zylior reserves the right to temporarily interrupt access to the Service for maintenance, improvement, or update operations. Scheduled interruptions are, as far as possible, planned outside peak hours and announced beforehand.
8. Intellectual property
The Service, as well as all the elements that compose it (software, source code, interfaces, databases, trademarks, logos, models, texts, and graphics), remain the exclusive property of Zylior or its licensors. They are protected by intellectual property law.
Zylior grants the Customer, for the duration of the Subscription, a personal, non-exclusive, non-assignable, and non-transferable right to use the Service, strictly limited to the needs of its internal activity. No provision herein may be construed as a transfer of ownership to the Customer.
The Customer retains full ownership of its Customer Data and the content it imports. It grants Zylior a limited license to host and process this data, for the sole purposes of providing and improving the Service.
9. Personal data
Zylior attaches particular importance to the protection of personal data and processes it in accordance with applicable regulations, in particular the General Data Protection Regulation (GDPR).
Within the framework of the Service, Zylior acts as a processor of the Customer Data processed on behalf of the Customer, the latter retaining the status of controller. The conditions of this processing, the security measures implemented, and the retention period are specified in the Privacy Policy, which forms an integral part hereof.
The Customer warrants the lawfulness of the data it processes via the Service and the provision of information to the individuals concerned. Users have a right of access, rectification, erasure, and objection regarding their personal data, which they may exercise at legal@zylior.com.
10. Liability & warranties
The Service is provided under a best-efforts obligation. Zylior undertakes to bring reasonable care and diligence to its provision, without however guaranteeing that the Service will be free of errors or interruptions, or that it will meet all of the Customer's specific expectations.
The Customer acknowledges that the results produced by the artificial intelligence features are provided for guidance and require human oversight. Zylior does not guarantee the accuracy, relevance, or regulatory compliance of the content, recommendations, or campaigns generated, the use of which is the sole responsibility of the Customer.
To the extent permitted by law, Zylior's liability is limited to direct and proven damages and may in no case exceed the total amount of the sums actually paid by the Customer for the twelve (12) months preceding the triggering event. Zylior cannot be held liable for indirect damages, such as loss of revenue, loss of customers, harm to image, or loss of data resulting from a breach by the Customer of its obligations.
11. Force majeure
Neither party may be held liable for a failure to perform its obligations resulting from an event of force majeure, that is to say an external, unforeseeable and irresistible event beyond the reasonable control of the party concerned. The following in particular are considered as such: natural disasters, fires, widespread failures of telecommunication or electricity networks, large-scale cyberattacks, acts of public authorities or conflicts.
The affected party informs the other as soon as possible. The obligations are suspended for the duration of the event. If it continues beyond thirty (30) days, either party may terminate the contract as of right, with no indemnity on either side.
12. Governing law & jurisdiction
These Terms of Service are governed by the laws of the State of New Mexico (United States), in particular the New Mexico Limited Liability Company Act (Chapter 53, Article 19 NMSA 1978), to the exclusion of any conflict-of-laws rule leading to the application of another law. The mandatory data-protection provisions applicable to users located in the European Union (GDPR) remain reserved.
In the event of a dispute relating to their formation, interpretation or performance, the parties undertake to seek an amicable solution beforehand. Failing agreement within thirty (30) days, exclusive jurisdiction is granted to the competent courts of the State of New Mexico (Bernalillo County, Albuquerque), except where a mandatory legal provision provides otherwise.
Zylior reserves the right to modify these Terms of Service at any time. Modifications are notified to the Customer and take effect, for current Subscriptions, at the next renewal or upon the expiry of a thirty (30) day period following their notification.