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, the terms below, when capitalized, have the following meaning:
- Zylior: the publisher of the platform, provider of the Service, reachable at hello@zylior.com.
- Service: all the features, modules, and tools of the Zylior platform accessible online, including in particular advertising management, content production, lead acquisition, meeting booking, and AI-assisted automation.
- 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 using credentials.
- Account: the secure personal space allowing the User to access the Service and manage their settings.
- Subscription: the subscription plan chosen by the Customer, determining the applicable functional scope, quotas, and price.
- Customer Data: all the content, information, and data imported, entered, or generated by the User as part of their use of 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 frequency (monthly or annual) chosen by the Customer. The features, quotas, and prices of each plan are specified 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 tax, with VAT and any other applicable tax 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 methods
Payment is made by the payment methods offered at subscription. The Customer authorizes Zylior, or its payment provider, to automatically charge the amount due at each renewal date, unless termination has occurred under the conditions of Article 5.
4.3 Non-payment
Any late payment or non-payment may result, after a formal notice that 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 collection 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 at the next renewal of the Subscription.
5. Term & termination
The Subscription is concluded for the duration corresponding to the chosen billing frequency. It renews tacitly for successive periods of the same duration, unless terminated by either party under the conditions below.
5.1 Termination by the Customer
The Customer may terminate their Subscription at any time from their management area or by request sent to hello@zylior.com. Termination takes effect at the end of the current Subscription period, without early interruption of the Service, with amounts already paid for the current period being non-refundable unless an overriding statutory provision requires otherwise.
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 regarding payment or use, not remedied within fifteen (15) days following a formal notice.
5.3 Effects of termination
At the end of the contractual relationship, access to the Service is disabled. The Customer has a period of thirty (30) days to retrieve their Customer Data, beyond 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 hello@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 hello@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 a case of force majeure within the meaning of Article 1218 of the French Civil Code and the case law of the French courts. This includes in particular unforeseeable, irresistible, and external events, such as 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, without indemnity on either side.
12. Governing law & jurisdiction
These Terms are governed by French law, to the exclusion of any conflict-of-laws rule leading to the application of another law.
In the event of a dispute relating to their formation, interpretation, or performance, the parties undertake to seek an amicable solution first. Failing an agreement within thirty (30) days, and notwithstanding multiple defendants or third-party proceedings, exclusive jurisdiction is granted to the competent courts in the jurisdiction of Zylior's registered office, unless an overriding statutory provision requires otherwise.
Zylior reserves the right to modify these Terms at any time. The modifications are notified to the Customer and take effect, for ongoing Subscriptions, at the next renewal or upon the expiry of a thirty (30) day period following their notification.