If you sign up for an account, you agree to use the Services in compliance with these End User Terms, ZBrain’s terms and policies, and any applicable laws and regulations. When you submit digital files, data, or machine learning models to the ZBrain API, or otherwise provide User Materials to ZBrain to facilitate ZBrain’s provision of the Services, you acknowledge and agree that the User Materials are owned by you. Any and all references to “your account” are references to your ZBrain account.
Relationship between ZBrain and User
As between ZBrain and User, you agree that it is solely your responsibility to (a) obtain any rights, permissions, or consents that are necessary for the lawful use of User Materials and the operation of the Services, and (b) respond to and resolve any dispute with any third party relating to the Services, User Materials, or your failure to fulfill these obligations.
User Account and Registration
Data Ownership and Usage
You retain ownership of your data, not ZBrain. We expressly affirm that we do not utilize client data for any training purposes. All data entrusted to ZBrain remains exclusively the property of the client. ZBrain is committed to implementing all reasonable measures to ensure the utmost privacy and protection of your data.
Use of the Services
Subject to your complete and ongoing compliance with these End User Terms, ZBrain agrees you may use the Services during the Term, solely with supported browsers through the Internet for purposes authorized by ZBrain. Nothing in these End User Terms will be construed to grant you any right to transfer or assign rights to use the Services.
You may cancel your subscription with ZBrain at any time by contacting our support team at email@example.com or through the account settings on our platform. Please note that upon cancellation, your subscription will continue to be active until the end of the current subscription period for which you have already paid. Cancellations must be made before the start of the next subscription period to avoid being charged for the subsequent period. No refunds will be provided for any unused portion of your current subscription period, and all fees paid are non-refundable. The services will remain accessible to you until the end of the paid subscription period.
Reservation of Rights
All rights not expressly granted to you are reserved by ZBrain and its licensors. You further acknowledge and agree that, as between you and ZBrain, ZBrain owns all right, title, and interest in and to the ZBrain Technology, including all Intellectual Property Rights therein. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the ZBrain Technology are protected by intellectual property and other laws.
You may not permit the Services to be used by or for the benefit of unauthorized third parties, or for any purpose other than the purpose authorized by ZBrain. You may not (i) modify or make derivative works based upon the Services; (ii) reverse engineer the Services, or (iii) access or use the Services in order to (a) build a competitive product or service, or (b) build a product using similar features, functions or graphics of the Services.
ZBrain reserves the right to terminate or suspend your access to our Services or your account at our sole discretion, with or without notice. This may be due to reasons including, but not limited to, our belief that you have violated or acted inconsistently with these End User Terms, or any applicable law or regulation. In the event of termination, you must immediately cease all usage of the Services and delete all copies of the Services or any related documentation in your possession.
Disclaimer of Warranties
The Services are provided on an “as is” basis, and ZBrain disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ZBrain does not guarantee that the Services will be uninterrupted, error-free, or completely secure. ZBrain will not be liable for any loss, damage, or injury arising out of or in connection with your use of the Services.
Limitation of Liability
ZBrain shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with these End User Terms or the use of the Services, whether based on contract, tort, strict liability, or any other legal theory, even if ZBrain has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless ZBrain and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services or your violation of these End User Terms.
Governing Law and Dispute Resolution
These End User Terms will be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these End User Terms or the Services will be resolved exclusively through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration will be conducted in New Delhi, India, and the award of the arbitrator will be final and binding.
These End User Terms, along with any applicable MSA or other agreement entered into by the Customer with ZBrain, constitute the entire agreement between you and ZBrain with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ZBrain. If any provision of these End User Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. ZBrain’s failure to enforce any right or provision of these End User Terms will not be deemed a waiver of such right or provision.