Terms & Conditions
Updated 2024.05.29
These Terms and Conditions ("Terms") govern your access to and use of Zetta's ("Company," "we," "us," or "our") software products and related services ("Services") and constitute a legally binding agreement between you and the Company. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Software Subscription
1.1 Grant of License: Subject to the terms and conditions of this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to use the software services during the subscription period specified in accordance with the selected subscription plan.
1.2 Free Trial: If you sign up for a free trial, the trial period will be specified at the time of sign-up. You may use the Services during the trial period, subject to these Terms. After the trial period ends, you must subscribe to a paid plan to continue using the Services.
1.3 Subscription Plans: We offer various subscription plans with different features and pricing. The details of each plan are available on our website or through our sales team.
Customization Consulting Services
2.1 Limited Consulting Services: Certain subscription plans include a limited number of customization consulting services provided by our team ("Consulting Services"). The details of the Consulting Services included in your subscription plan will be specified at the time of purchase.
2.2 Scope of Consulting Services: The scope of the Consulting Services may include, but is not limited to, software configuration, training, consulting and support to customize the Services to better suit your needs.
Payment and Billing
3.1 Fees: You agree to pay all fees associated with your subscription plan in accordance with the pricing and billing terms provided to you.
3.2 Payment Method: You must provide valid payment information and authorize us to charge your chosen payment method for all applicable fees.
3.3 Taxes: You are responsible for any applicable taxes associated with your use of the Services.
Intellectual Property
4.1 Ownership: The Services and all intellectual property rights therein are and shall remain the exclusive property of the Company.
4.2 License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes during the term of your subscription. You may not (a) sublicense, resell, or distribute the software services; (b) modify, adapt, or create derivative works based on the software services; (c) reverse engineer, decompile, or disassemble the software services; (d) remove or alter any copyright or proprietary notices.
Confidentiality
5.1 Confidential Information: Each party may have access to certain confidential information of the other party ("Confidential Information"). Confidential Information shall be kept confidential and may not be disclosed to any third party without the disclosing party's prior written consent.
Disclaimer of Warranty
6.1. No Warranty: THE SOFTWARE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
7.1. Limitation: IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
8.1 Termination: We may suspend or terminate your access to the Services at any time for any reason without prior notice.
8.2 Effect of Termination: Upon termination of your subscription, you will lose access to the Services and any data or customization made during the subscription period may be.
General
9.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of California.
9.2 Amendments: We reserve the right to modify these Terms at any time. Any changes to these Terms will be effective immediately upon posting the revised Terms on our website.
9.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 Arbitration: Any disputes arising out of or related to this Agreement or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California. The arbitrator’s decision shall be final and binding on the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.5. Prevailing Party: In any legal action or arbitration proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, in addition to any other relief to which it may be entitled.
Contact Information
If you have any questions about this Agreement, please contact us at info@zettadata.ai.