Terms and Conditions

1. Terms and Conditions To Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "user") and Zenerate Inc. (the "Company," "we," "us," or "our"). By accessing or using the Internet site located at https://zenerate.ai/, (the "Site") or any services provided in connection with the Site including but not limited to any other corresponding domains, media form, media channel, website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service"), including but not limited to https://zmaps.ai, https://app.zenerate.ai and https://modular.zenerate.ai, you agree to abide by these Terms and Conditions, as they may be amended by the Company from time to time in its sole discretion. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Company reserves the right to update, modify, or change these Terms and Conditions, as well as any aspect of the Site or Services, at its sole discretion without prior notice. Users are responsible for regularly reviewing the Terms and Conditions for any changes. The Company holds no obligation to notify users of these updates or modifications. Continued use of the Site or Services after any such changes shall constitute acceptance of those changes.

Supplemental Terms and Conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. Please ensure that you check the applicable Terms every time you use our Service so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Service after the date such revised Terms and Conditions are posted.

The information provided on the Site and the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Service is not tailored to comply with industry-specific regulations (such as Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Service. You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or the Service.

2. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by the Company or licensed to the Company, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. Certain data on the Services is owned by government agencies. Except as expressly allowed by these Terms and Conditions of Service, you may not make use of the Company Content, and the Company reserve all rights to the Content and Services not granted expressly in these Terms and Conditions. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Services. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks. The Content and the Marks are provided on the Service "AS IS." Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms and Conditions.

Provided that you are eligible to use the Service, you are granted a non-transferable, non-exclusive, revocable, limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access to. Neither these Terms and Conditions nor your access to the Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Section. The Company and the Company's suppliers or licensors reserve all rights not granted in these Terms and Conditions. There are no implied licenses granted under these Terms and Conditions.

Except as specifically provided in this Terms and Conditions or permitted by the Company by a written permission, the license grant under this Terms and Conditions does not permit your or anyone else (directly or indirectly, in whole or in part) to:
(a) reverse engineer or attempt to derive the source code from or create derivative works of the Site, or any portion thereof;
(b) sublicense or distribute the Site or the Services or rent, electronically distribute, timeshare, or market the Company proprietary materials;
(c) access, use, or copy any portion of the Site or the Service to directly or indirectly to develop, promote or support any product or service that is competitive with the Service or the Site;
(d) remove any identification, patent, trademark, copyright, or other notice from the Site or the Service;
(e) interfere with or disrupt the integrity or performance of the Site or the Service or third-party data contained therein;
(f) attempt to gain unauthorized access to the Site or the Service, including access to the Company user data
(g) disclose or publish, without the Company's express prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Service;
(h) use the Site or the Service including the transmission of user data, in any manner that violates in any law, rule, regulation or any other legal or regulatory requirement imposed by any regulatory or government agency or political subdivision, whether federal, state, local, or foreign;
(i) use, reproduce, distribute, or permit others to use, reproduce, or distribute any the Company proprietary materials for any purpose other than as specified in this Terms and Conditions; or
(j) utilize the Services for unauthorized commercial use, in an app store or app marketplace, or in a manner that is noncompliant with the restrictions set forth by the Company as noted on the Site.

3. User Representations

By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Service through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site or the Service for any illegal or unauthorized purpose; and (7) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

If you are a real estate related professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients ("Professional Use"). If you use the Services for Professional Use, you represent and warrant that you have obtained all required authorizations and consents from your client.

If You have registered to use the Service on behalf of your employer or your company, you warrant that you have the authority to agree to these Terms and Conditions on behalf of your employer or your company and agree that by registering to use the Service You bind your employer or your company on whose behalf You act to the performance of any and all obligations that you become subject to by virtue of these Terms and Conditions, without limiting your own personal obligations under these Terms and Conditions.

4. Account Registration

In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and (c) if you open an account on behalf of a company, organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions, and that you agree to these Terms and Conditions on the entity's behalf.

You may delete your Account at any time, for any reason, by following the instructions on the Services. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We may suspend or terminate your Account in accordance with these Terms and Conditions.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your user ID or password), use of the Service, or access to the Service. Unless otherwise agreed with us in writing, your user ID and password is for the use of one and only person, you.

5. Fees

If you are using the free version of the Service, you are not required to pay any fees. If you want to access certain paid features, please contact us at contact@zenerate.ai for detailed fee amount. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize us to charge all fees for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. you authorize us to use a third party to process payments and consents to the disclosure of your payment information to such third party. All purchases made through these third party payment processors are subject to their respective terms and conditions of use. We make no guarantees or representations regarding the performance or fairness of these third party payment processors, and we encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. We may replace its third-party payment processing services without notice to you.

The Services may include features that allow for automatically recurring payments for periodic charges ("Subscription Service"). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription thirty (30) days before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel a Subscription Service by contacting us at contact@zenerate.ai.

In the event of a good faith dispute as to the calculation of a charge, you shall promptly give written notice to us stating the details of any such dispute and shall promptly pay any undisputed amount. The acceptance by us of such partial payment shall not constitute a waiver of payment in full by us of the disputed amount.

Suspension of Service. Any undisputed amount due to us under this Terms and Conditions and not paid within 30 days of invoice due date may be subject to a finance charge payable by us which is ten (10%) percent per year or the highest rate allowable by law, whichever is less, determined the date such amount is due until the date such amount is paid. Notwithstanding anything to the contrary contained in this Terms and Conditions, failure to make timely payments of undisputed amounts shall constitute a default hereunder and shall entitle us to suspend your access to the Site and the Services without notice at our sole discretion.

6. Prohibited Activities

You may not access or use the Site or the Service for any purpose other than that for which we make the Service available.

As a user of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
• Use any information obtained from the Service in order to harass, abuse, or harm another person.
• Use the Services in any way that is unlawful, or harms us, our service providers, suppliers, or any other user.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Service in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Service.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
• Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
• Copy or adapt the Service's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Service.
• Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Service as part of any effort to compete with us, to build a similar or competitive website, product, or service, or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Attempt to, or permit or encourage any third party to, do any of the above.

7. User Generated Contributions

The Service does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Service and through third-party websites. As such, any Contributions you transmit may be treated in accordance with Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms and Conditions.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms and Conditions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Service in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Service.

8. Contribution License

By submitting suggestions or other feedback regarding the Service, you agree that we can use and share such feedback for any purpose without compensation to you.

By posting your Contributions to any part of the Site or the Service you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and the Service and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

The Company has the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. The Company has no obligation to monitor your Contributions.

9. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

10. Copyright Infringement.

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of the Site or the Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company' designated agent at:

Name: Benji Shin
Attn: Copyright Agent
Address: 724 S Spring St, Ste 203, Los Angeles CA 90014
Email: contact@zenerate.ai

11. Third-Party Website And Content

The Site or the Service may contain (or you may be sent via the Service) links to other websites ("Third-Party Websites") as well as databases, networks, servers, information, programs, systems, directories, products, services, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or the Service or any Third-Party Content posted on, available through, or installed from the Site or the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site or the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold the Company harmless from any harm caused by your purchase of such products or services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third-Party Websites, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third-Party Websites or Third-Party Content. Additionally, you shall hold the Company harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Interaction with other users: Your interactions with organizations and/or individuals found on or through the Site or the Service and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

12. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

13. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://www.zenerate.ai/privacy-policy. By using the Site or the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Service is hosted in the United States. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

14. Term And Termination

These Terms and Conditions shall commence on the Effective Date and shall continue until terminated as set forth herein. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site or the service (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the service or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. You acknowledge and agree that upon termination, user data or contents will no longer be available if not sooner deleted per the Company's policies, which may be amended from time to time without notice to you.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If you wish to terminate your account, please email us at contact@zenerate.ai. We will try to comply with your request as soon as and to the extent to which it is reasonably practicable.

15. Modifications And Interruptions

The Company reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, the Company have no obligation to update any information on our Service. The Company also reserve the right to modify or discontinue all or part of the Service without notice at any time. The Company will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service or any part thereof.

The Company cannot guarantee the Service will be available at all times. The Company may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. The Company reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you.

You agree that the Company bear no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms and Conditions will be construed to obligate the Company to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

16. Governing Law

This Terms and Conditions shall be governed by and construed under the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California in all disputes arising out of or related to the use of the Site or the Service. You expressly waive defenses based on venue, inconvenient forum, or lack of personal jurisdiction. The order or judgment entered by a state or federal court in Los Angeles, California shall be enforceable in the country of Your residence. You expressly agree to service of court papers, summons and complaints and orders and judgments, by electronical means, waiving any procedures listed in the Hague Convention for service of court documents. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Service be commenced more than one (1) years after the cause of action arose.

17. Dispute Resolution, Arbitration.

Any dispute arising from or relating to the subject matter of this Terms and Conditions that cannot be resolved thereby within a period of sixty (60) days after notice of a dispute has been given by one party hereunder to the other, shall be finally settled by arbitration in Los Angeles, California by one commercial arbitrator with substantial experience in resolving complex commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with such arbitration rules. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.

YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Equitable Remedies. Notwithstanding the foregoing, the Company may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms and Conditions are specifically enforceable by the Company through injunctive relief and other equitable remedies without proof of monetary damages or posting bonds.

18. Corrections

There may be information on the Site or the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

19. Disclaimer

THE SITE AND THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE OR THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND NO CONTENT INCLUDED IN THE SERVICE IS INTENDED FOR INVESTING OR REAL ESTATE TRANSACTION PURPOSES. COMPANY AND ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INVESTMENT OR REAL ESTATE TRANSACTION DECISIONS BASED ON SUCH INFORMATION.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

20. Limitations of Liability

IN NO EVENT WILL WE OR AN OF OUR DIRECTORS, EMPLOYEES, AGENTS, OUR SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, GOODWILL, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. Indemnification

You agree to defend, indemnify, and hold the Company harmless, including the Company's subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your access to or use of the Service; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Service with whom you connected via the Service; (6) any Contributions you upload to, or otherwise make available through, the Services; or (7) any other party's access to and/or use of the Services using your account and password. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. User Data

We will maintain certain data that you transmit to the Service ("User Data") for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. Electronic Communications, Transactions, And Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. California Users And Residents

If any complaint with the Company is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. Force Majeure

Neither party hereto shall be responsible for any failure to perform its obligations under this Terms and Conditions if such failure is caused by acts of God, natural disasters, war, acts of terrorism, strikes, revolutions, lack or failure of transportation facilities, lack or failure of public utilities, laws or governmental regulations or other causes that are beyond the reasonable control of such party. Obligations hereunder, however, shall in no event be excused but shall be suspended only until the cessation of any cause of such failure. In the event that such force majeure should obstruct performance of this Terms and Conditions for more than ten (10) days, the parties hereto shall consult with each other to determine whether this Terms and Conditions should be modified or terminated.

26. Survival

Any provision of this Terms and Conditions that contemplates performance or observance subsequent to any termination or expiration of this Terms and Conditions, including, without limitation, all provisions with respect to confidentiality, intellectual property, limitation of liabilities, user's license to the Company and indemnification shall survive any termination or expiration of this Terms and Conditions and continue in full force and effect in perpetuity.

27. Miscellaneous

These Terms and Conditions together with documents referred to herein or made accessible by clicking links provided herein and any policies or operating rules posted by the Company on the Service or in respect to the Service constitute the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersedes and merges all prior agreements or understandings, whether written or oral. The Company's failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. The Company may assign, transfer, and subcontract any or all of our rights and obligations to others at any time without any notification. The Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, invalid, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions and the remained of these Terms and Conditions shall continue in full force and effect. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of these Terms and Conditions or use of the Service. You agree that these Terms and Conditions will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

28. Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: contact@zenerate.ai