BEFORE INSTALLING ZOLDY, PLEASE, READ CAREFULLY BECAUSE THE INSTALLATION ASSUMES THE FULL AND UNRESERVED ACCEPTANCE OF ALL AND EACH OF THE TERMS AND CONDITIONS COLLECTED IN THE TERMS OF SERVICE, SINGLE CLAUSE AND PRIVACY OF THIS DOCUMENT. IF YOU DO NOT AGREE WITH THEM, DO NOT INSTALL THE APP. MAKE SURE YOU CAN USE ZOLDY LEGALLY IN YOUR COUNTRY.

Zoldy, the app - Terms of Service

1.- Purpose and Scope of Application.

The purpose of these Terms of Service is to regulate the relationship between Zoldy (or hereinafter "the app") and you (or hereinafter the "Client", "you"), relating to all transactions made through the Zoldy application, available at the official iOS and Android app Stores:

2.- Acceptance and proof of acceptance.

The purchase of service time must be carried out through the Zoldy application with the activation of one of the buttons that express the time purchase possibilities: 30 days, 7 days and 1 day individually, thus named.

From the moment of acceptance, the user acquires the status of Client that is described in these Terms and Conditions. Any product or service offered subsequently by Zoldy must be the subject of a new contract.

Zoldy will allow the Client to accept the Terms of Service when installing the application, so they only have to use it when they require it.

3.- Prices.

The services that Zoldy offers to its Clients are based in susbcriptions, the only difference between them is the time, 30 days, 7 days or 1 day, the service works exactly the same no matter the time purchased. Zoldy reserves the right to change its price list and implement new charges and / or services at any time and without impacting on existing contracts..

The prices applicable to the service include taxes, the Client will see the price with taxes already included..

The prices applicable to each service, whether it is 30 days, 7 days or 1 day, are automatically changed to the Client currency by our third-party payment processor, Apple and Google. There are no automatic renewals, if the Client wants to extend the purchased service time, they can do it as long as the service is active and through the specific button "Add time".

4.- Payment method.

The Client declare and guarantee that they have the legal right to use any of the payment methods, as well as the required information to carry them out. By initiating a transaction, you authorize the third-party payment processor, Google for Android and Apple for iOS, to use your payment information so that Zoldy can complete your transaction.

Zoldy neither stores nor processes any type of payment, for this Zoldy uses the official channels of Google and Apple. When a Client wants to acquire one of our services uses the information already stored and validated on these official platforms, Zoldy only receives that a payment was done to start a service, it does not process it.

By using Zoldy the Client gives his consent to use these official channels as payment processors.

Any of the subscription services offered by Zoldy for 30 days, 7 days or 1 day have their corresponding rate that applies at the beginning of your subscription.

5.- Refund, Cancellation and Change Policies.

Zoldy admits the cancellation of all services and the reimbursement of payment in full as long as the service has not been used. To proceed with the cancellation of the order, you must contact Zoldy directly through wayback@zoldyapp.com.

However, Zoldy may apply exceptions to the right of withdrawal in relation to the reasons set forth in article 103.d) of the Consumers and Users Law 3/2014 in relation to the fact that the right of withdrawal will not be applicable to contracts that are refer to the supply of goods that may deteriorate or expire rapidly.

6.- Client Responsibilities.

The Client undertakes to make a lawful use of the Service, without violating the current legislation or injuring the rights and interests of third parties.

The breach of any of these Conditions may lead to the withdrawal or cancellation of the Services by Zoldy without prior notice to the Client and without this giving any right to compensation.

7.- Industrial and Intellectual Property.

The intellectual and industrial property rights over the works, brands, logos and any other subject to protection, contained in the app Zoldy correspond exclusively to Zoldy (or authorized third-party), to whom corresponds the exclusive exercise of the exploitation rights of the same in any way and, especially, by way of example and not limitation, the rights of reproduction, copying, distribution, transformation, commercialization, and public communication. The unauthorized reproduction, distribution, commercialization or transformation of such works, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of Zoldy or the owner thereof, and may give rise to the exercise of any legal or extrajudicial actions that may correspond to them in the exercise of their rights.

By accepting these Terms of Service, the Client agrees to respect the Industrial and Intellectual Property rights owned by Zoldy and third parties.

7.1- User Licence.

This license is granted free of charge for the use of the Zoldy application and is limited to a non-transferable license to use the Zoldy application on compatible devices that you own or control. This license does not allow you to use the Zoldy App on any device that is not owned or controlled by you.

You cannot distribute or make the Zoldy app available on a network where it can be used by multiple devices at the same time. You may not rent, lease, assign, loan, sell, transfer, redistribute or sublicense the Zoldy application. You may not copy, decompile, reverse engineer, disassemble, attempt to decipher the source code, modify or create derivative works of the licensed application, updates, or any part thereof (except and only to the extent that any prior restriction is prohibited by applicable law). Any attempt to carry out the above behaviors will be understood as a violation of Zoldy's rights.

The terms of this license apply to any updates provided by Zoldy, unless such update is accompanied by a separate license, in which case the terms of such license will prevail.

The license will be valid until it is terminated by you, as a client, or by Zoldy. The rights granted by this license will automatically terminate without prior notice from Zoldy, in the event that you fail to comply with any term (s) of this License. Upon termination of the License, you must cease use of the licensed app and destroy all copies, total or partial, of the same.

7.1.1- License Grant.

Hereby Zoldy grants the Client a non-exclusive, non-transferable and limited license for the use of Zoldy, for the entire duration of the intellectual property rights over it and according to the terms and conditions contemplated in this License.

The Client may only use Zoldy from the device that subscribed the service. The Client acknowledges and accepts that the contracted service may not use simultaneously on more than one device. To use several services simultaneously the Client must install the Zoldy application and contract a new service from each device, these services being different and independent of each other.

Hereby, Zoldy grants the Client a non-exclusive, non-transferable and limited license for the use of Zoldy, for the entire duration of the intellectual property rights over it and in accordance with the terms and conditions contemplated in this License.

7.1.2- License Grant Restrictions.

Any reproduction, total or partial, even for personal use, of the Zoldy app, by any means and in any form, whether permanent or transitory, that is not necessary for the use of the same by the Licensee, in accordance with the present contract, is prohibited.

Likewise, the translation, adaptation, arrangement or any other transformation of Zoldy or any of its components, and / or its copies, is prohibited. Specifically, the Licensee may not modify and / or manipulate all or part of the software that makes up Zoldy, nor use all or part of Zoldy to create their own products, successive versions and / or any other work derived from Zoldy, or license, sub-license, or transfer in any way, by way of example but not limitation, sale, rental, loan or any other means of distribution, all or part of Zoldy, without the express written consent by Zoldy.

The Client may not, under any circumstances, reverse engineer, decompile, disassemble, or in any way translate the software or any other of the Zoldy components.

7.1.3- Operative System.

Zoldy is conceived and prepared to work on devices with Android and iOS operating systems, that have internet access and meet the following technical specifications:

  • Android® 4.0 o superior; Apple iPhone®, iPod®, iPad® con iOS 8 o superior.
  • Internet connection, either via Wi-Fi (wireless network) or with a data plan.
  • Space available on your device of 34 MB for iPhone® and 48 MB for Android®.
  • It needs to have installed Apple Store® and Google Play Store® and a browser that allows access to iOS: https://itunes.apple.com/xxxxx and Android: https://play.google.com/store/apps/xxxxx from your device for download.

Zoldy is not responsible for the malfunction of the app in the event that the required configuration is not complied with and / or is changed in whole or in part.

7.1.4- Warranty and Liability.

Zoldy guarantees that it fulfills the necessary functionalities for interaction with Clients. Zoldy does not guarantee that it is error free or that it will work without interruptions.

The Client will be solely responsible for the content and/or data that it incorporates, sends and uses through Zoldy and guarantees that it has the licenses, rights, consents and use permissions necessary to incorporate, send and/or use said content and/or data through Zoldy.

Under no circumstances will the Zoldy app be responsible for any damage, whether direct or indirect, that could be caused as a result of the use of Zoldy, for illustration, but not limitation, the violation of third party rights, consequential damages, loss of benefits, or damage caused by loss of data or malfunction.

The Client will hold Zoldy harmless from any liability that may arise from claims by third parties about the infringement of rights that may result from its use.

Zoldy will not be responsible for operating errors or damages caused by the breach of the obligations of Clients, such as: the correct installation of Zoldy and the device, the good condition of the device, Zoldy access control in order to avoid its manipulation by unauthorized or inexperienced persons, the prevention of viruses and defective programs, as well as any other preventive measure of reasonable application.

In any case, the Client accepts that Zoldy constitutes a tool intended to complement, but not to substitute human labor, so Zoldy's liability for damages directly attributable to the assigned program will be limited to the price of the same.

7.1.4- Duration.

This License will be effective from the moment the Client completes the Zoldy installation process and will extend for the entire duration of the intellectual property rights on Zoldy, that is, until its passage into the public domain.

Zoldy reserves the right to terminate the service in the event that the Client breaches any of the terms contained therein, by way of example but not limitation, fraudulent or incorrect use of Zoldy, in which case the Client agrees to delete all copies of Zoldy and the corresponding documentation that it may have in its possession, and without generating any right in favor of the Client.

8.- End of Contract.

This Agreement ends when:

  • the service time has expired, 30 days, 7 days or 1 day. Or the sum, up to a maximum of 90 days, of extensions have expired.
  • the Client has used some of the features of Zoldy that have caused the sending of emails and files that the Client had defined.
  • If the Client uninstalls the Zoldy application and has a service active they will lose their service and the contract will be understood to have ended.

9.- Jurisdiction and Applicable Law.

This Contract will be governed in accordance with the laws of Spain and applicable European standards.

In the event that any provision of this license is contrary to the law, it will be considered null without affecting or supposing the nullity of the entire license.

Failure of any party's claim to assert any of the rights granted here or failure to file an action against the other party when any breach of the provisions herein occurs shall not constitute a waiver by such party in connection with a future claim to enforce rights or file actions in case of future infractions.

In the event that doubts and / or divergences arise regarding their interpretation and / or effects, the parties agree to settle any discrepancy or conflict before the Courts of the city of Cádiz, renouncing the parties to any other jurisdiction that may correspond to them.


Zoldy, the App - Privacy Policy

This Privacy Policy describes how the information that the Client sends through the Zoldy application is processed, used and deleted.

Collection and use.

Through the Zoldy application, the Client can configure emails, text for those emails, upload files and attach them separately to each of the emails. The Client can also configure the application to interact through notifications..

The processes are described one by one as follow:

Emails and Messages.

The Client can configure a maximum of 5 emails, being 1 the minimum for the app to work, and can also customize the text for each of those emails. This information is stored encrypted in a cloud database through the Firebase Database service and can only be viewed, created, modified, updated or deleted by the Client.

The Clients declare having collected the consent of the email holders that they provide so that they can be transferred to the Firebase Database in order to be stored and used to send the information assigned by the Client. Neither this information nor any other is shared with third parties. If the emails are used 15 days later they are automatically deleted. If they are not used when the service time expires they are automatically deleted.

This information is used to send the defined emails and their corresponding texts and links to attached files on behalf of the Client. By using Zoldy the Client consents to the Firebase Database being in charge of managing and storing said information. Zoldy uses SendGrid to send the emails, improving the email delivery. SendGrid does not store Client data it is only used as an email gateway.

Attached files.

The Client can upload files and assign them separately to each of the emails, the Client has up to 1 Gb of storage at his disposal, this storage takes place in Firebase Storage service and is linked to the Client service. It is only used if the emails contain attachments and if they were sent, then the recipient receives the email, their message and links to download those attachments. These links remain available for 15 days after the e-mail is sent, which is enough time for the recipient to download them. After 15 days from sending the email the files are automatically deleted. The Client is the only one who can upload files, delete them or assign them to different email recipients.

In the event that the service time offered by Zoldy is used up and the e-mails have not been sent, and therefore the files have not been sent, the process is very simple as everything is automatically deleted, the files if any, the e-mails and the texts.

Zoldy does not process the attachments, Zoldy provide a secure storage outside of its servers. When the Clients upload files they do so directly to the described storage service until they are deleted, either because their use was not necessary and no emails were sent, or because emails were sent and will remain available for 15 days for the recipients to download and after that time they are automatically deleted. By using Zoldy, the Client consents to Firebase Storage being in charge of managing said information.

Notifications.

The Client can configure the application to receive Notifications, stop receiving them and select between time intervals, depending on the service time purchased these intervals may vary, when the Client installs Zoldy must accept the use of Notifications. The Notifications service works through Firebase - Cloud Messaging. Zoldy does not use any data related to the Client, Zoldy uses data from the device to offer the Client its service, so the Notifications are not addressed to a particular Client but to the device from which they contracted the service.

By using Zoldy, the Client consents to Firebase - Cloud Messaging being in charge of handling such notifications.

Passwords.

The Client can configure the application to protect some areas of it, he can also configure a password that will be required in the Notifications to validate them. You can also configure a password that will automatically activate the sending of emails and attachments if any. These passwords are stored on the Client's device, being only accessible by the Client.

By using Zoldy the Clients give their consent for their device to be in charge of handling said passwords.

Zoldy - Single Clause

The Client understands and accepts that the service that Zoldy provides is autonomous, that there are no people behind the processes and that therefore a service cannot be interrupted, modified or eliminated except by the Clients themself.

The Client declares to have understood the operation of Zoldy and therefore to assume the errors that could derive from having done it incorrectly.


Free Install, Ready If Need It.

Only From The Official App Stores.

Copyright © 2020-2021 zoldyapp.com. All rights reserved.