Zenjiva Terms and Conditions

Last Updated: November 11, 2024

These Terms and Conditions ("Terms") govern your use of Zenjiva's website and services ("Services"). By accessing or using our Services, you agree to these Terms. If you do not agree, please discontinue use of our Services immediately.

1. Services Provided

Zenjiva provides marketing and automation services to assist small businesses in lead generation, customer engagement, and process optimization. The Services may be modified or discontinued at any time, with prior notice provided where possible.

2. Acceptance of Terms

By creating an account and using our Services, you accept these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

3. Account Responsibilities

You agree to provide accurate, complete, and current information for your account and to maintain the confidentiality of your login credentials. You are responsible for all activities that occur under your account.

4. A2P Messaging Compliance

Zenjiva supports compliance with Application-to-Person ("A2P") messaging regulations. You agree to the following:

• Consent: You are responsible for obtaining explicit, verifiable consent from recipients before sending messages.
• Opt-Out Mechanism: Messages sent must include a clear, easily accessible opt-out method.
• Content Restrictions: You may not send any message that is prohibited by applicable regulations, including but not limited to spam, adult content, or misleading claims.
• Record-Keeping: You must maintain records of recipient consent and any opt-out requests.

5. Payment Terms

You agree to pay all applicable fees as outlined in your subscription plan. Zenjiva may suspend or terminate services if payments are overdue.

• Billing Cycle: Charges are billed on a monthly/annual cycle, with payment due at the start of each cycle.
• Late Payments: Late payments may incur a fee, and services may be suspended until payment is received.

6. Intellectual Property

All materials, software, and content provided by Zenjiva are the intellectual property of Zenjiva. You are granted a limited, non-exclusive license to use the Services for your business needs.

• Restrictions: You may not copy, distribute, or modify Zenjiva’s content or software without written permission.

7. Data Privacy and Confidentiality

Zenjiva is committed to protecting your personal data and proprietary information.

• Data Protection: Zenjiva adheres to industry standards for data security and privacy.
• Non-Disclosure: Both Zenjiva and the client agree not to disclose confidential information without prior consent, except as required by law.

8. Limitation of Liability

Zenjiva provides Services on an "as is" basis, without any warranties, express or implied. To the extent permitted by law, Zenjiva shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the Services.

• Liability Cap: Zenjiva's total liability shall not exceed the amount paid by the client in the previous six months.

9. Termination

Either party may terminate these Terms under the following conditions:

• Termination by Client: Clients may terminate their account by providing written notice at least 30 days before the next billing cycle.
• Termination by Zenjiva: Zenjiva may terminate or suspend services for non-payment, breach of terms, or unlawful use of the Services. Upon termination, access to Services will be discontinued.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Texas.

11. Amendments

Zenjiva reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting, and continued use of the Services constitutes acceptance of the updated Terms.

12. SMS Messaging Opt-In Terms

By opting in to receive SMS messages from Zenjiva, you agree to the following Terms and Conditions:

• Service Description: Upon opting in, you may receive SMS messages regarding order confirmations, account updates, and marketing messages related to Zenjiva’s products and services.
• Opt-In and Consent: By providing your mobile number, you consent to receive recurring SMS messages. Consent is not a condition of purchase. Message frequency may vary.
• Message and Data Rates: Message and data rates may apply. Check with your mobile provider for more details.
• Opt-Out: Text STOP to [Your Shortcode] to cancel. You will receive a confirmation message and no further messages will be sent.
• A2P 10DLC Compliance: We comply with the A2P 10DLC guidelines to prevent spam and ensure quality. Twilio powers our SMS messaging services, and messages are subject to monitoring for compliance.
• Privacy: Your phone number and personal information will be handled according to our Privacy Policy.

13. Contact Information

For questions or support, please contact us at:

• Email: [email protected]
• Address: 2414 Villa Vera, Arlington, Texas
• Phone: (817) 670-8762