Zetta - AI Data Analytics platform

User Agreement

Updated 2024.05.29

This User Agreement ("Agreement") is entered into between Zetta, a California LLC ("Company"), and the individual or entity agreeing to these terms ("User").

Acceptance of Terms

By accessing or using the software services provided by the Company ("Services"), User agrees to be bound by this Agreement. If User does not agree with these terms, User must not access or use the Services.

License

2.1. Grant of License: Subject to the terms and conditions of this Agreement, the Company grants User a limited, non-exclusive, non-transferable license to access and use the Services during the subscription period specified in accordance with the selected subscription plan.

2.2. Restrictions: User may not (a) sublicense, resell, or distribute the Services; (b) modify, adapt, or create derivative works based on the Services; (c) reverse engineer, decompile, or disassemble the Services; (d) remove or alter any copyright or proprietary notices.

Subscription

3.1. Subscription Plans: The Services are provided on a subscription basis. User agrees to pay the subscription fees as specified by the Company for the selected subscription plan.

3.2. Billing and Payment: Subscription fees are billed in advance and are non-refundable. User authorizes the Company to charge User's payment method for the subscription fees and any applicable taxes.

3.3. Renewal: Unless canceled, subscriptions will automatically renew at the end of each subscription term for the same duration as the original term. The user may cancel the subscription at any time before the renewal date.

3.3. Customization Services: Certain subscription plans may include a limited amount of hours for customization services, as specified in the plan details. Additional customization services beyond the allocated hours may be available for an additional fee.

Use of Services

4.1. Acceptable Use: User agrees to use the Services solely for User's internal business purposes and in compliance with applicable laws and regulations.

4.2. Responsibility for Content: User is solely responsible for the content uploaded, posted, or transmitted through the Services. User warrants that User has all necessary rights and permissions to use and share such content.

Intellectual Property

5.1. Ownership: The Services and all intellectual property rights therein are owned by the Company or its licensors. This Agreement does not grant User any rights to patents, copyrights, trade secrets, trademarks, or any other intellectual property rights.

Confidentiality

6.1. Confidential Information: Each party may disclose confidential information to the other party during the term of this Agreement. The receiving party agrees to use reasonable efforts to protect the confidentiality of the disclosing party's confidential information.

Disclaimer of Warranty

7.1. No Warranty: THE 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

8.1. 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 SERVICES, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

9.1. Termination: The Company may terminate this Agreement immediately upon notice if User breaches any provision of this Agreement. Upon termination, User must cease all use of the Services.

Miscellaneous

10.1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of California.

10.2. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

10.3. Amendment: This Agreement may be amended only by a written agreement signed by both parties.

10.4 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.

10.5. 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.