Terms of use

1. Purpose and acceptance

These terms and conditions (the “Terms”) govern access to and use of the website zyvean.com (the “Site”), owned by Zyvean. Accessing and using the Site confers user status and implies full and unreserved acceptance of the Terms in force at any given time. Users who do not agree with them must refrain from using the Site.

2. Nature of the published information

The information published on the Site is for informational purposes. Prices, timelines, scopes and other commercial conditions stated there are for reference only and do not constitute a commercial offer within the meaning of Article 845 of the Colombian Commercial Code. Any commercial relationship will be formalized through a written proposal and, where applicable, a contract executed by the parties, which will prevail over any information published on the Site.

3. Business-to-business relationship

Zyvean's services are intended for businesses and professionals acting in the course of their commercial activity. Accordingly, relationships arising from use of the Site are not consumer relationships, except where Law 1480 of 2011 (Consumer Statute) is mandatorily applicable.

4. Logistics assessment

The logistics assessment available on the Site is a general guidance tool that produces automated results from the information provided by the user. Its results do not constitute professional advice or a technical opinion on any particular case, and decisions the user makes based on them are their sole responsibility.

5. User obligations

Users undertake to use the Site diligently, lawfully and in good faith, and in particular to:

• Provide truthful, accurate and up-to-date information, and not submit third parties' personal data without their authorization.
• Refrain from accessing or attempting to access without authorization the computer systems supporting the Site, or engaging in conduct that may affect its availability or integrity, without prejudice to Law 1273 of 2009.
• Refrain from reproducing, extracting by automated means or commercially exploiting the Site's content.

6. Intellectual property

The Site's content, including text, designs, illustrations, trademarks, logos, distinctive signs and source code, is owned by Zyvean or used with proper authorization, and is protected by Andean Decision 351 of 1993, Andean Decision 486 of 2000, Law 23 of 1982 and other applicable copyright and industrial property law.

Access to the Site grants users no license or right over such content beyond viewing it for personal, non-commercial use. Its reproduction, transformation, distribution or public communication without Zyvean's prior, express and written authorization is prohibited.

7. Third-party links

The Site may contain links to third-party services, such as the booking calendar. Zyvean does not control those services and is not responsible for their content, availability or data processing practices, which are governed by their own terms and policies.

8. Disclaimer of warranties and limitation of liability

The Site is provided “as is” and “as available”. Zyvean strives for accurate information and continuity of service, without warranting the absence of errors, interruptions or harmful components.

To the fullest extent permitted by law, Zyvean shall not be liable for indirect damages, loss of profits, loss of opportunity or consequential damages arising from access to, use of or inability to use the Site, except in cases of willful misconduct or gross negligence, under Article 1616 of the Colombian Civil Code.

9. Force majeure

Zyvean shall not be liable for any failure or delay resulting from events constituting force majeure or acts of God under Article 64 of the Colombian Civil Code, including failures of infrastructure or third-party services beyond its control.

10. Electronic communications

Users accept that communications sent by electronic means have full legal validity and effect under Law 527 of 1999. Notices to Zyvean must be sent to hello@zyvean.com.

11. Personal data protection

The processing of users' personal data is governed by Zyvean's privacy policy, which forms an integral part of these Terms.

12. General provisions

If any provision of these Terms is declared void or unenforceable, the remaining provisions shall remain in full force and effect. Zyvean's failure to exercise any right under these Terms shall not constitute a waiver of it.

Zyvean may amend the Terms at any time. The version in force is the one published on the Site, stating its date of update.

13. Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Colombia. Any dispute arising from their interpretation or performance shall be submitted to the competent courts of the Republic of Colombia, without prejudice to any alternative dispute resolution mechanisms the parties may agree upon.