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Terms of Service

Last updated: December 2024

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Zibly, Inc. ("Zibly," "we," "our," or "us") governing your access to and use of the Zibly.ai platform, website, and any related services (collectively, the "Service"). By creating an account, submitting data, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules posted on the Service. If you do not agree with these Terms, you may not use the Service.

2. Eligibility and Account Registration

The Service is intended for business and professional use by individuals aged 18 or older. By registering, you represent that you are at least 18 years of age, and have the legal capacity and authority to enter into these Terms on behalf of yourself or your organization. You are responsible for providing accurate and complete registration information and for maintaining the confidentiality and security of your account credentials. You must promptly notify us of any unauthorized use or suspected breach of your account.

3. Description of Service & AI Technology

Zibly is an AI-powered analytics and automation platform that enables you to upload or submit business data, documents, or instructions ("User Content") and receive back work products, reports, analyses, or written content generated by our system ("Outputs").

AI Providers: You acknowledge that the Service utilizes artificial intelligence technology provided by third-party providers (including, but not limited to, OpenAI, Anthropic, Google, and Amazon Web Services). While we select providers with high security standards, the underlying nature of Large Language Models (LLMs) means Outputs are probabilistic and may occasionally contain inaccuracies.

4. Permitted and Prohibited Uses

You agree to use the Service only for lawful business purposes. You may not:

  • Use the Service for any unlawful, harmful, fraudulent, infringing, or abusive activity.
  • Upload, submit, or transmit any content that is illegal, obscene, defamatory, or that violates any third-party rights.
  • Attempt to probe, scan, or test the vulnerability of the Service, breach security, or circumvent authentication measures.
  • Interfere with, disrupt, or negatively affect the integrity or performance of the Service or its underlying infrastructure.
  • Use the Service for competitive analysis, reverse engineering, or to build a competing product.
  • Share, sell, rent, or sublicense the Service or its Outputs to unauthorized third parties.

5. User Content, Data Security, and AI Training

This section contains important information about how we handle your data and our commitment to not using it for AI training.

5.1 Ownership of Content

You retain all right, title, and interest in and to any data, documents, or content you submit to the Service ("User Content").

5.2 Ownership of Outputs

Subject to your compliance with these Terms, you own all rights, title, and interest in the Outputs generated specifically for you by the Service.

5.3 License to Host

By submitting content, you grant Zibly a non-exclusive, worldwide, royalty-free license to use, host, store, process, transmit, and display your User Content solely for the purpose of providing the Service to you.

5.4 No Training Covenant

Zibly covenants and agrees that we will not use your User Content or Outputs to train, fine-tune, or improve our proprietary artificial intelligence models or the models of our third-party providers. Your data is processed solely to generate the specific response you requested.

5.5 Data Security

We implement industry-standard security measures designed to protect your data, including encryption in transit (TLS) and at rest (AES-256). Our infrastructure is hosted on SOC 2 Type II compliant cloud providers (AWS). See our Security page for details.

5.6 Confidentiality

Zibly treats your User Content as Confidential Information. Zibly's personnel are prohibited from accessing your content except: (a) where necessary to resolve technical support issues at your request; (b) to investigate security incidents; or (c) as required by law.

6. Fees, Payment, and Subscription

  • Billing: Subscription fees are billed in advance on a recurring basis.
  • Renewals/Cancellations: Subscriptions automatically renew unless canceled. You may cancel at any time.
  • Refunds: Fees are non-refundable except as required by law.
  • Taxes: You are responsible for applicable taxes.

7. Intellectual Property

All Zibly trademarks, software code, interface designs, and platform features are owned by Zibly. No rights are granted except as expressly set forth in these Terms.

8. Service Availability and Modifications

Zibly strives for high reliability but does not guarantee 100% uptime. We may modify or discontinue features at any time. We are not liable for any loss caused by service interruptions or data loss derived from outages at our third-party cloud or AI providers.

9. Third-Party Services

The Service integrates with third-party platforms and LLM providers. Zibly is not responsible for the independent acts or omissions of these third parties, though we maintain strict Data Processing Agreements (DPAs) with all sub-processors to ensure data safety.

10. Disclaimers and AI Limitations

  • 10.1 As-Is Basis: The Service is provided "as is" without warranties of any kind.
  • 10.2 AI Hallucinations & Accuracy: You acknowledge that AI systems can suffer from "hallucinations" (generating plausible-sounding but incorrect information). You are solely responsible for verifying the accuracy, completeness, and suitability of any Output before using it for professional, financial, or legal purposes.
  • 10.3 No Professional Advice: Outputs generated by Zibly do not constitute professional legal, accounting, or financial advice. Zibly is a tool to assist professionals, not a replacement for professional judgment.

11. Limitation of Liability

  • 11.1 Indirect Damages: To the fullest extent permitted by law, Zibly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits.
  • 11.2 Cap on Damages: In no event shall Zibly's aggregate liability to you exceed the greater of: (a) the total amount paid by you to Zibly in the twelve (12) months preceding the claim; or (b) $100.00.

12. Indemnification

You agree to indemnify and hold harmless Zibly from any claims, damages, or expenses arising from your use of the Service, your User Content, or your violation of these Terms.

13. Suspension and Termination

We reserve the right to suspend or terminate your access for violation of these Terms. Upon termination, we will delete your User Content in accordance with our retention policies.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida. Any legal action shall be brought exclusively in the courts located in Miami-Dade County, Florida.

15. Changes to Terms

We may update these Terms at any time. Continued use constitutes acceptance.

16. Contact Information

For security or legal questions: security@zibly.ai or support@zibly.ai.