Terms of Service
- About These Terms and Changes
- Definitions
- The ziptie.ai Service
- Eligibility and Registration
- Account Security
- Workspaces, Members, and Roles
- Subscriptions, Trials, Fees, and Auto-Renewal
- Content Add-On and Generated Content
- API and MCP Access
- AI Outputs and Third-Party Content
- Customer Content
- Intellectual Property Rights
- Acceptable Use
- Copyright Complaints (DMCA)
- Sanctions and Export Controls
- Data Protection, Subprocessors, and Security
- Service Availability and Modifications
- Suspension and Termination
- Disclaimer of Warranties
- Limitation on Liability
- Indemnification
- Dispute Resolution; Arbitration; Class Action Waiver; Limitation Period
- Governing Law, Jurisdiction, and Mandatory Consumer Rights
- General Terms
- How to Contact Us
Last updated: 1 October 2026. Version 2.3.
Notice of change (1 October 2026). In this version, the short name for ZIPTIE, INC. is “ziptie.ai” in place of “ZipTie”. This replaces the short name only: it does not change any right or obligation of either Party under these Terms, and the contracting party remains ZIPTIE, INC.
These Terms of Service (the "Terms") are a binding agreement between ZIPTIE, INC., a Texas corporation with a registered address at 108 Wild Basin Rd South, Suite 250, Austin, TX 78746, that operates the Service from Poland (hereinafter "ziptie.ai", "we", "us", or "our"), and the person or entity that registers for or uses the Service (the "Customer", "you", or "your"). ziptie.ai and the Customer are each a "Party" and together the "Parties".
By creating an account, starting a free trial, purchasing a subscription, or otherwise accessing or using the Service, you agree to these Terms and to ziptie.ai's Privacy Policy at https://ziptie.ai/privacy-policy/, which is incorporated into these Terms by reference. If you do not agree, do not access or use the Service.
If you enter into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" and "Customer" refer to that organization.
About These Terms and Changes
These Terms, together with any documents they expressly incorporate by reference (including the Privacy Policy and, where applicable, the Data Processing Addendum and any order form or plan-specific terms), govern your access to and use of the Service.
ziptie.ai may update these Terms from time to time. Where a change is material, ziptie.ai will give you reasonable prior notice by email or through the Service before the change takes effect. The "Last updated" date at the top shows when these Terms were last revised. Your continued use of the Service after the effective date of an updated version means you accept the updated Terms. If you do not agree to an update, you must stop using the Service and may cancel as described in these Terms.
Definitions
Wherever the following terms are used in these Terms, they have the meanings given below.
- "Affiliate" means, with respect to a Party, any entity controlling, controlled by, or under common control with that Party.
- "Service" means the ziptie.ai AI Search visibility platform and all related features that ziptie.ai makes available at https://ziptie.ai/ and at the ziptie.ai application, including the optional Content Add-On and API access.
- "AI Search Engine" means a third-party generative or AI-assisted search system that the Service monitors, currently ChatGPT, Google AI Overviews, Perplexity, Google AI Mode, Microsoft Copilot, Bing AI Overview, and Google Gemini. The set of monitored engines may change.
- "Prompt" means a query or phrase that the Customer configures for the Service to submit to, and monitor across, AI Search Engines.
- "Project" means a workspace object in which the Customer organizes a brand or website together with its Prompts, competitors, and tags.
- "AI Success Score" means the automated, aggregated metric the Service calculates from observed citations, brand mentions, and sentiment.
- "Customer Content" means all data, text, Prompts, brand and competitor names, files, and other materials that the Customer submits to, or generates through, the Service.
- "Content Add-On" means the optional content-generation feature set (briefs, content pieces, and AI images).
- "Generated Content" means briefs, content pieces, images, and other output produced by the Content Add-On at the Customer's direction.
- "API" means ziptie.ai's public REST API at https://api.ziptie.ai/v1 and its MCP entrypoint at https://api.ziptie.ai/mcp, available as an add-on.
- "Subscription" means a paid plan that the Customer configures from the number of monitored Prompts, how often those Prompts are refreshed, the AI Search Engines selected, and any optional add-ons, or a custom plan agreed with ziptie.ai.
- "Subprocessor" means a third party that ziptie.ai engages to process Customer Content in order to provide the Service.
- "Documentation" means the user guides, help materials, and API documentation that ziptie.ai makes available for the Service.
The ziptie.ai Service
ziptie.ai is a self-serve business software service that tracks how a brand or website appears inside AI Search Engines. The Service submits the Customer's Prompts to the AI Search Engines the Customer selects, observes the answers those engines return, and measures citations, brand mentions, and sentiment, which it aggregates into the AI Success Score and related metrics. The Service also supports organizing this monitoring by Project, competitor, and tag.
ziptie.ai offers three optional add-ons: UGC Impact Analysis, which analyzes which user-generated-content platforms the AI Search Engines cite; the Content Add-On, which generates briefs, content pieces, and AI images; and API access, which provides programmatic access to the Service through the API. Each add-on is available only to Customers who have enabled it and is subject to the additional terms in these Terms.
The Service depends on third-party AI Search Engines and data-collection providers that ziptie.ai does not own or control. The availability, behavior, and output of any particular engine may change or become unavailable, and ziptie.ai may add, remove, or modify monitored engines and features.
Eligibility and Registration
The Service is available to registered users worldwide, except where restricted by the Sanctions and Export Controls section or by applicable law. By using the Service, you represent and warrant that you are at least 16 years old, or the age of digital consent in your country if higher, and that you are able to form a legally binding contract. The Service is not directed to children.
To use the Service, you must create an account. You agree that all information you provide at registration and afterwards is correct, current, and complete, and that you will keep it up to date. Your handling of, and our handling of, information you provide is governed by the Privacy Policy.
Account Security
You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Treat your username, password, any multi-factor codes, and any API keys as confidential, and do not share them. Notify ziptie.ai promptly at contact@ziptie.ai of any unauthorized access to or use of your account or any other suspected breach of security. You should log out at the end of each session and take particular care when using a shared or public device.
ziptie.ai may disable any credential or identifier, whether chosen by you or issued by us, at any time if we reasonably believe you have violated these Terms or that account security is at risk.
Workspaces, Members, and Roles
The Service is organized into workspaces. A workspace holds the Projects, Prompts, Customer Content, and Subscription of one Customer. Where a workspace is created for an organization, that organization is the Customer, and the workspace Owner acts on its behalf. Membership of a workspace is not charged for per person, and ziptie.ai does not limit how many people a workspace may contain.
Roles. Every member of a workspace holds one of four roles, which determine what that member may do:
- Guest - view access to the workspace's data. A Guest cannot create Projects, manage tags, or use the API.
- User - everything a Guest can do, plus creating Projects, managing tags and Prompts, and using the API where API access is enabled.
- Admin - everything a User can do, plus inviting and removing members, changing the roles of members below Admin, editing workspace settings and thresholds, and deleting Projects.
- Owner - everything an Admin can do, plus the actions reserved to the Owner below.
One Owner, and Owner-only actions. Each workspace has exactly one Owner, and there is no co-owner role. Only the Owner may cancel the Subscription, transfer ownership, or permanently delete the workspace. The Owner and any Admin may pay for the Subscription, change the plan, and enable or remove add-ons. A User or Guest can view the Subscription but cannot change it. The Owner cannot be removed from the workspace by anyone, and no role change can promote a member to Owner.
Transferring ownership. Ownership changes only through an explicit transfer. The Owner first promotes the intended recipient to Admin, then starts the transfer; ziptie.ai emails the current Owner a confirmation link that expires 48 hours after it is issued. When the transfer completes, the recipient becomes the Owner and the previous Owner becomes an Admin of the same workspace.
Joining and leaving. Members join by invitation sent to a specific email address, and an invitation can only be accepted from that address. An Admin or the Owner may remove any member below their own role. No one can remove themselves, and the Service has no self-service way to leave a workspace: if you want to leave, ask an Admin or the Owner to remove you. When a member is removed, their access ends immediately, and the Projects, Prompts, and other Customer Content they created remain in the workspace.
Deleting your account. You may delete your ziptie.ai account yourself from Settings. If you are the Owner of a workspace that still has other members, deletion is refused until you transfer ownership of that workspace or the other members are removed. If you are the only member of every workspace you own, deleting your account also permanently deletes those workspaces and all Customer Content in them.
Subscriptions, Trials, Fees, and Auto-Renewal
Free trial. ziptie.ai offers a 7-day free trial, once per account. No payment card is required to start the trial. During the trial you may monitor up to 25 Prompts, all on a daily refresh, across three AI Search Engines - ChatGPT, Google AI Overviews, and Microsoft Copilot. The three optional add-ons - UGC Impact Analysis, the Content Add-On, and API access - are not included in the trial and cannot be added to a running trial; you select them when you start a paid Subscription, or add them to your Subscription later. The trial does not automatically convert into a paid Subscription, and ziptie.ai will not charge you unless you affirmatively start a paid Subscription. At the end of the trial, access is limited or discontinued unless you have started a Subscription.
Subscriptions and fees. Paid access is offered as a Subscription that you configure yourself, or as a custom plan agreed with ziptie.ai. Subscription fees are calculated from the number of monitored Prompts and how often each is refreshed (daily, weekly, or monthly), the number of AI Search Engines selected, whether UGC Impact Analysis is enabled, and the prepayment period you choose (1, 3, 6, or 12 months), with longer prepayment periods receiving a discount. Optional add-ons are charged in addition to your Subscription: API access as a flat monthly fee, and the Content Add-On as a monthly fee for each content context you enable. Current pricing is shown at checkout and at https://ziptie.ai/pricing/. The Service does not use a "credits" currency.
Payment method. A valid payment method is required only when you start a paid Subscription or add an add-on, and not to register or to begin the free trial. You authorize ziptie.ai, through its payment processor, to charge your payment method for the fees due for your Subscription and add-ons.
Automatic renewal. Your Subscription is billed in advance for the prepayment period you choose, and renews automatically for another period of the same length, at the then-current price for your plan, unless you cancel before the current period ends. Each renewal charge is applied at the start of the renewal period. If you chose a 1-month period, that means a charge every month; if you chose a 12-month period, one charge covering the next twelve months. This is an automatically renewing subscription that continues until you cancel.
How to cancel. The workspace Owner may cancel at any time from Workspace Settings, in the Subscription section of the ziptie.ai application. Cancellation takes effect at the end of the period you have already paid for; you keep access until then, and you will not be charged again after you cancel. Cancelling part-way through a prepayment period does not shorten your access and does not produce a refund for the remaining months. You do not need to contact support to cancel.
Refunds and plan changes. Except where required by mandatory law, fees are non-refundable, and ziptie.ai does not prorate or refund fees when you cancel a Subscription or remove an add-on. When you change your plan, you choose whether the change applies immediately or at your next renewal: an immediate change is prorated for the remainder of the period you have already paid for, and the amount is shown to you before you confirm, while a change scheduled for your next renewal is not prorated.
Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, other than taxes on ziptie.ai's net income.
Content Add-On and Generated Content
The optional Content Add-On lets you generate briefs, content pieces, and images with AI assistance.
Ownership. As between you and ziptie.ai, and subject to your payment of applicable fees and your compliance with these Terms, you own the Generated Content you create through the Content Add-On, and ziptie.ai assigns to you whatever rights it may hold in that output.
Your responsibility. Generated Content is produced by AI systems and may be inaccurate, may resemble existing third-party material, and may have an uncertain intellectual-property status. You are responsible for reviewing and editing Generated Content and for confirming that you have the right to use it before you publish or rely on it.
Acceptable use. You must not use the Content Add-On to create content that is unlawful, infringing, deceptive, or harmful, or that otherwise violates the Acceptable Use section.
API and MCP Access
If you have enabled API access, you may use ziptie.ai's public REST API at https://api.ziptie.ai/v1 and its MCP entrypoint at https://api.ziptie.ai/mcp to access the Service programmatically, subject to these Terms and the Documentation.
API keys. API keys are credentials. You must keep them confidential, must not share them, and are responsible for all activity carried out under your keys. Notify ziptie.ai promptly of any suspected compromise of a key.
Rate limits and quotas. Your use of the API is subject to the rate limits, quotas, and plan entitlements that ziptie.ai sets and may change. You must not exceed, circumvent, or attempt to circumvent them.
Acceptable use of the API. You must not use the API to resell or provide the Service to third parties without authorization, to build a competing product or service, to scrape or harvest data you are not entitled to, or in any manner that degrades, disrupts, or endangers the Service. ziptie.ai may throttle, suspend, or revoke API access for abuse or for violation of these Terms.
AI Outputs and Third-Party Content
AI outputs are third-party content. The Service monitors and displays answers, citations, sources, and other outputs generated by third-party AI Search Engines. Those outputs are created by the third-party systems, not by ziptie.ai. ziptie.ai surfaces them so that you can measure your visibility, but ziptie.ai does not author, control, verify, endorse, or guarantee the accuracy, completeness, or reliability of any AI-generated output, and such outputs may be inaccurate, outdated, biased, or objectionable.
Metrics are estimates. The AI Success Score and related metrics, including citations, brand mentions, and sentiment, are automated estimates produced by algorithmic and AI-assisted processing and are provided for informational purposes only. They are not professional, legal, financial, or search-engine-optimization advice, and you are responsible for your own decisions based on them.
No model training. ziptie.ai does not use Customer Content or your monitored Prompt text to train ziptie.ai's own artificial-intelligence or machine-learning models, and does not authorize its Subprocessors to use that content to train their models for their own purposes, except as necessary to provide the Service to you.
Customer Content
You retain all rights in your Customer Content. You grant ziptie.ai a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Customer Content, and to transmit it to Subprocessors, solely to provide, secure, support, and maintain the Service and as otherwise permitted by the Privacy Policy and, where applicable, the Data Processing Addendum.
You represent and warrant that you have the rights necessary to submit your Customer Content and to grant this license, that you will act in good faith, and that your Customer Content and its use through the Service do not violate any law or third-party right.
Exports and public share links. You may export Project data from the Service as CSV, XLSX, or PDF. ziptie.ai stores each export file for 14 days and then deletes it, and a workspace may have at most five exports generating at the same time. You may also create a public share link for a completed export. That link is unauthenticated: anyone who has the URL can download the file, with no ziptie.ai account and no password, until you revoke the link or the 14-day period ends. Creating a share link is your decision to disclose that Customer Content outside the authenticated Service, and you are responsible for who you give the URL to and for revoking it when it is no longer needed. Members at User level or above may share an export they created, Admins and the Owner may share or revoke any export in the workspace, and Guests may not create share links.
Marketing reference (opt-in). ziptie.ai will use your name, trade name, logo, or trademarks to identify you as a customer for marketing, advertising, or promotional purposes only with your prior consent, for example an opt-in you provide in your account settings or in writing. You may withdraw that consent at any time for future use.
Intellectual Property Rights
The Service, the Documentation, and all intellectual property rights in them are and remain the exclusive property of ziptie.ai and its licensors. "Intellectual Property Rights" means all intellectual property rights of any kind, including copyrights and copyrightable works, patents and patent applications, trademarks, service marks, trade dress, trade names, logos, database rights, know-how, trade secrets and other confidential information, software, and all registrations and applications for any of the foregoing.
Subject to these Terms and your payment of applicable fees, ziptie.ai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and Documentation for your internal business purposes during your Subscription. No rights are granted except as expressly stated, and all rights not expressly granted are reserved.
You must not copy, modify, distribute, sell, or lease any part of the Service or Documentation, and you must not reverse engineer, decompile, or disassemble the Service, except to the extent that this restriction is prohibited by applicable law. If you use the Service in breach of these Terms, your right to use the Service ends immediately.
Feedback. If you provide suggestions or feedback about the Service, ziptie.ai may use it without restriction or obligation to you.
Acceptable Use
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- use the Service in violation of any applicable law or third-party right;
- access the Service by automated means except through the authorized API or MCP entrypoint described above, or otherwise circumvent authentication, rate limits, or usage quotas;
- probe, scan, or test the vulnerability of the Service, or breach or circumvent its security or authentication measures, except under a security-testing program that ziptie.ai has authorized in writing;
- introduce malware or any code intended to disrupt, damage, disable, or gain unauthorized access to the Service or its infrastructure;
- interfere with, or place an unreasonable or disproportionately large load on, the Service or its infrastructure;
- reverse engineer, decompile, or disassemble the Service, except to the extent that restriction is prohibited by applicable law;
- submit special-category or sensitive personal data to the Service, or submit content that is unlawful, infringing, defamatory, harassing, or otherwise harmful;
- misrepresent your identity or affiliation, or use another user's account without authorization.
Authorized programmatic access to the Service through the API and MCP entrypoint is expressly permitted and is not a prohibited automated use.
Copyright Complaints (DMCA)
ziptie.ai respects intellectual-property rights and responds to notices of alleged copyright infringement. If you believe that content available through the Service infringes your copyright, send a written notice to ziptie.ai at contact@ziptie.ai that includes: identification of the copyrighted work you claim has been infringed; identification of the material you claim is infringing and information reasonably sufficient to let ziptie.ai locate it; your contact information; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and your physical or electronic signature.
ziptie.ai will respond to valid notices, may remove or disable access to the material identified, allows the affected party to submit a counter-notification, and will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
Sanctions and Export Controls
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to comprehensive sanctions, and that you are not identified on any restricted-party or sanctions list maintained by the United States, including the Office of Foreign Assets Control (OFAC), the European Union, the United Nations, or another applicable authority. You will not access or use the Service, and will not export, re-export, or transfer the Service or any related technology, in violation of any applicable sanctions or export-control laws. This section qualifies any statement that the Service is available worldwide.
Data Protection, Subprocessors, and Security
Privacy. ziptie.ai's handling of personal data is described in the Privacy Policy at https://ziptie.ai/privacy-policy/.
Processing on your behalf and DPA. To provide the Service, ziptie.ai transmits Customer Content and monitored Prompt text to third-party AI providers and data-collection providers. Where ziptie.ai processes personal data on your behalf as a processor, that processing is governed by ziptie.ai's Data Processing Addendum (the "DPA"), which is incorporated into these Terms by reference and is available on request.
Subprocessors. You authorize ziptie.ai to engage Subprocessors to provide the Service, including AI model providers and data-collection providers. The current list of Subprocessors is published in Section 10 of the Privacy Policy at https://ziptie.ai/privacy-policy/#subprocessors and is also available on request.
Changes to Subprocessors. That published list is how ziptie.ai announces its Subprocessors: when ziptie.ai adds or replaces one, it updates the list and the "Last updated" date on the Privacy Policy. Where ziptie.ai processes personal data on your behalf, the DPA states the advance notice ziptie.ai gives before an intended addition or replacement takes effect and your right to object to it on reasonable data-protection grounds; if an objection cannot be resolved, you may terminate the affected part of the Service.
Security. ziptie.ai maintains an information-security program with administrative, technical, and physical safeguards designed to protect the Service and Customer Content. No method of transmission or storage is completely secure, and ziptie.ai does not guarantee absolute security.
Security-incident notification. If ziptie.ai confirms a security incident that compromises the security, confidentiality, or integrity of your Customer Content, ziptie.ai will notify you without undue delay and, for incidents ziptie.ai classifies as high-severity, within twenty-four (24) hours of confirmation. ziptie.ai will provide information reasonably necessary to support your own breach-notification obligations, including any 72-hour regulatory notification deadline that applies to you.
No special-category data. You must not submit special-category or sensitive personal data (for example data revealing health, biometric identifiers, or government identifiers) to the Service. ziptie.ai does not intentionally collect or process such data.
Service Availability and Modifications
ziptie.ai provides the Service on a subscription basis and works to keep it available, but does not warrant that the Service will be uninterrupted, timely, secure, or error-free. ziptie.ai may modify, suspend, or discontinue features of the Service, and may carry out maintenance, with or without notice. Because the Service depends on third-party AI Search Engines and data-collection providers that ziptie.ai does not control, the availability and coverage of any particular engine may change.
Any period of unavailability does not by itself entitle you to a refund, except where required by mandatory law. These Terms do not include a contractual uptime service level. Any service-level commitment, if offered, will be stated in a separate order form or service-level agreement.
Suspension and Termination
You may stop using the Service and cancel your Subscription at any time, as described in the Subscriptions section. ziptie.ai may suspend or terminate your access to all or part of the Service if you materially breach these Terms, including the Acceptable Use, Sanctions and Export Controls, or payment provisions, if required by law, or if reasonably necessary to protect the Service, ziptie.ai, or other users. Where practicable and lawful, ziptie.ai will give you notice.
We also have the right to take appropriate legal action for any illegal or unauthorized use of the Service, and to cooperate with law enforcement and comply with valid legal process, including disclosing information where legally required.
On termination, your right to use the Service ends. Provisions that by their nature should survive termination, including Intellectual Property Rights, Customer Content licenses granted to ziptie.ai for the purpose of providing the Service, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law, survive. After termination, ziptie.ai handles and deletes Customer Content as described in the Privacy Policy and, where applicable, the DPA.
Disclaimer of Warranties
You understand that we cannot and do not guarantee that files available for download from the internet or the Service will be free of viruses or other harmful code. You are responsible for implementing sufficient procedures and safeguards to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service to reconstruct any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, YOUR USE OF THE SERVICE AND ANY CONTENT, METRICS, OR OUTPUT OBTAINED THROUGH IT IS AT YOUR OWN RISK, AND THE SERVICE AND ALL SUCH CONTENT, METRICS, AND OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZIPTIE.AI NOR ANYONE ASSOCIATED WITH ZIPTIE.AI WARRANTS OR REPRESENTS THAT THE SERVICE, ITS CONTENT, OR ANY METRICS OR OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AI SEARCH ENGINE OUTPUTS ARE THIRD-PARTY CONTENT, AND METRICS SUCH AS THE AI SUCCESS SCORE ARE ESTIMATES.
TO THE FULLEST EXTENT PROVIDED BY LAW, ZIPTIE.AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE MANDATORY STATUTORY RIGHTS OF CONSUMERS.
Limitation on Liability
Force majeure. ziptie.ai is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts or omissions of government authorities, cyber-attacks, failures of networks or third-party providers, strikes, lockouts, war, blockades, civil unrest, epidemics, earthquakes, fires, and floods.
Exclusion of indirect damages. To the fullest extent provided by law, neither Party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost production, loss of data, or loss of goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.
Cap on liability. To the fullest extent provided by law, ziptie.ai's total aggregate liability arising out of or relating to these Terms or the Service will not exceed the total fees you paid to ziptie.ai for the Service in the twelve (12) months immediately before the event giving rise to the liability.
These limitations and exclusions do not apply to any liability that cannot be excluded or limited under applicable law, including, for consumers, mandatory statutory rights.
Indemnification
You agree to defend, indemnify, and hold harmless ziptie.ai, its Affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service. This includes claims arising from your Customer Content, your Generated Content, your use of the API, and any use of the Service other than as expressly authorized in these Terms. This section does not apply to the extent a claim arises from ziptie.ai's own breach of these Terms or where such indemnity is limited by mandatory law, including for consumers.
Dispute Resolution; Arbitration; Class Action Waiver; Limitation Period
Informal resolution first. Before starting any formal proceeding, the Parties will try in good faith to resolve any dispute by contacting each other (for ziptie.ai, at contact@ziptie.ai) and negotiating for at least thirty (30) days.
Arbitration (business customers). If you use the Service as a business or on behalf of an organization, and not as a consumer, any dispute that is not resolved informally will be finally resolved by binding arbitration rather than in court, except that either Party may seek injunctive or equitable relief for intellectual-property or confidentiality matters in a court of competent jurisdiction.
Class action waiver. To the extent permitted by applicable law, disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. This waiver does not apply where it is prohibited by mandatory law, including for consumers resident in the EU or EEA.
Consumers. If you use the Service as a consumer, the arbitration and class-action-waiver provisions above do not apply to you, and disputes are handled under the Governing Law, Jurisdiction, and Mandatory Consumer Rights section.
Limitation period. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose, after which it is permanently barred. This does not apply where a longer period is required by mandatory law.
Governing Law, Jurisdiction, and Mandatory Consumer Rights
These Terms, and any dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes or claims), are governed by and construed in accordance with the law of Poland, without giving effect to any choice or conflict-of-law provision or rule. The Parties expressly agree to this choice of law.
Subject to the arbitration provisions above and to the mandatory consumer rights below, any suit, action, or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the Common Court of Poland, and each Party submits to the jurisdiction and venue of those courts. ziptie.ai may also bring proceedings for breach in your country of residence or place of establishment, and may seek injunctive or equitable relief in any court of competent jurisdiction to protect its Intellectual Property Rights or confidential information.
Mandatory consumer rights. Nothing in this section or these Terms deprives a Customer who is a consumer of the protection afforded by the mandatory provisions of the law of the country in which the consumer is habitually resident. If you are a consumer resident in the European Union or the European Economic Area, this choice of Polish law does not override the mandatory consumer-protection rules of your country of residence, and you may also bring proceedings in the courts of that country. If you are a consumer resident in the United States, this choice of law and forum does not waive any non-waivable statutory rights you may have under the law of your state of residence.
General Terms
Entire agreement. These Terms and the Privacy Policy, together with any DPA, order form, or plan-specific terms that apply to you, are the entire agreement between you and ziptie.ai regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Service.
Assignment. You may not assign or transfer these Terms without ziptie.ai's prior written consent. ziptie.ai may assign these Terms to an Affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the Parties and their permitted successors and assigns.
Notices. ziptie.ai may provide notices to you by email or through the Service. You may send notices to ziptie.ai at contact@ziptie.ai.
Waiver. No waiver by ziptie.ai of any term or condition is a further or continuing waiver of that term or condition or of any other term or condition, and any failure by ziptie.ai to assert a right or provision under these Terms does not constitute a waiver of that right or provision.
Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.
Relationship of the Parties. The Parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or employment relationship between the Parties.
How to Contact Us
Questions about these Terms or the Service can be sent to ziptie.ai at contact@ziptie.ai.
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