Terms of Service
Last Updated: November 9, 2024
Please read these terms carefully before using our services.
1. Agreement Overview
These Terms of Service ("Terms") constitute a legally binding agreement between your organization ("Client", "you", or "your") and Zillion Dynamics Inc. ("Zillion Dynamics", "we", "us", or "our") regarding your use of our platform, services, and related technologies (collectively, the "Services").
2. Service Access
Subject to these Terms and any applicable Order Forms, we grant you a non-exclusive, non-transferable right to access and use the Services during the applicable subscription term.
2.1 Account Requirements
- You must maintain accurate account information
- You are responsible for all activity under your account
- You must notify us immediately of any unauthorized access
- You must designate authorized users and maintain their access levels
3. Use Restrictions
You agree not to:
- Reverse engineer or attempt to derive source code from the Services
- Modify, create derivative works, or copy any part of the Services
- Use the Services for any illegal purpose
- Interfere with or disrupt the integrity of the Services
- Attempt to gain unauthorized access to the Services
- Use the Services to transmit harmful code or conduct security attacks
4. Data Rights and Security
4.1 Client Data
You retain all rights to your data. You grant us a limited license to host, copy, transmit, and display your data as necessary to provide the Services.
4.2 Security Measures
We implement industry-standard security measures to protect your data. You are responsible for configuring security controls within your account and maintaining the security of your authentication credentials.
5. Service Level Commitments
Service levels and performance metrics are specified in your Order Form. We strive to maintain high availability and performance of the Services.
6. Fees and Payment
You agree to pay all fees specified in Order Forms. Unless otherwise specified:
- All payment obligations are non-cancelable
- Fees are non-refundable
- Quantities purchased cannot be decreased during the relevant subscription term
7. Term and Termination
7.1 Subscription Term
The subscription term begins on the start date specified in the applicable Order Form and continues for the specified term.
7.2 Termination
Either party may terminate these Terms for cause upon 30 days written notice of a material breach if such breach remains uncured at the expiration of such period.
8. Warranties and Disclaimers
8.1 Service Warranty
We warrant that the Services will perform materially in accordance with the applicable documentation. Your exclusive remedy for breach of this warranty will be the repair or replacement of the Services.
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
9. Limitation of Liability
EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT:
- NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THESE TERMS WILL EXCEED THE AMOUNT PAID BY CLIENT IN THE 12 MONTHS PRECEDING THE INCIDENT
- IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
10. Indemnification
You will defend and indemnify us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that your data or use of the Services infringes or misappropriates such third party's intellectual property rights or violates applicable law.
11. Contact Information
For legal notices:
Email: legal@zilliondynamics.com
Questions About Terms?
Our legal team is available to address your concerns