Terms of Service

To use the Service, you must:

• Be at least 16 years of age (or the legal age of majority in your jurisdiction, whichever is higher).
• Provide accurate, complete, and current registration information and update it promptly if it changes.
• Have the legal capacity to enter into a binding contract in your jurisdiction.
• Not be a person or entity barred from using the Service under applicable law (including sanctions lists).

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at hello@zerqano.com if you suspect any unauthorised access to your account.

Each set of credentials is for a single user. Sharing credentials across multiple individuals is prohibited except where your plan expressly permits team-based access.

We offer a free sandbox tier that provides limited access to the Service for evaluation purposes. The free tier is provided without warranty and is subject to:

• Usage limits on data volume, pipeline runs, and AI credits as displayed in the platform.
• No guaranteed uptime or support response time.
• We may modify, suspend, or discontinue the free tier at any time with reasonable notice.
• Free tier accounts inactive for 90 consecutive days may be deleted after prior notice.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

Violation of this policy may result in immediate suspension or termination of your account. We reserve the right to report illegal activity to relevant authorities.

You own your data. You retain all rights, title, and interest in and to Customer Data. You grant Zerqano a worldwide, non-exclusive, royalty-free licence to host, store, transmit, process, and display Customer Data solely for the purpose of providing and improving the Service to you.

This licence is:

• Limited strictly to what is necessary to operate the Service on your behalf.
• Not transferable or sublicensable to third parties except to our subprocessors acting on our behalf.
• Revocable on account termination, after which we will delete Customer Data per our retention schedule.

You represent that you have all necessary rights and permissions to upload Customer Data and to grant the above licence. You are responsible for ensuring that any personal data within Customer Data is processed in accordance with applicable law, including obtaining any required consents from third parties whose data appears in your uploads.

Processing of personal data within Customer Data is governed by our Privacy Policy and, for Business customers, a Data Processing Agreement (DPA) which is available on request.

You are solely responsible for reviewing, validating, and making your own independent assessments of AI Outputs before relying on them for business decisions, including purchasing, pricing, staffing, or financial commitments.

Zerqano is not liable for any loss, damage, or adverse outcome resulting from reliance on AI Outputs. The use of AI Outputs for safety-critical decisions is expressly prohibited without appropriate expert human review.

We do not use your Customer Data to train foundation models that are shared with other customers or the public. We may use aggregated, anonymised outputs to improve our own internal models in accordance with our Privacy Policy.

Each party (“Receiving Party”) agrees to: (a) hold the other party's Confidential Information in strict confidence; (b) not disclose it to any third party without prior written consent, except to employees, contractors, or subprocessors who need it to fulfil obligations under these Terms and are bound by confidentiality obligations no less protective; and (c) use it solely in connection with these Terms.

These obligations do not apply to information that: (i) is or becomes publicly known through no breach of these Terms; (ii) was already known to the Receiving Party without restriction before disclosure; (iii) is independently developed without use of Confidential Information; or (iv) must be disclosed by law or regulatory order (in which case the Receiving Party will give prompt prior notice and cooperate to limit the scope of disclosure).

Customer Data is the Customer's Confidential Information. Zerqano's product roadmap, pricing, and technical architecture are Zerqano's Confidential Information. These obligations survive termination of these Terms for 3 years.

Scheduled maintenance windows are excluded from uptime calculations and will be notified at least 48 hours in advance (except for emergency maintenance). Service credits are your sole remedy for missed uptime commitments and will not exceed the value of fees paid for the affected month.

Access to the Zerqano API is governed by the rate limits and fair-use policies associated with your subscription plan. Exceeding rate limits may result in request throttling or temporary suspension.

• Rate limit headers are returned with every API response. Monitor these to avoid throttling.
• Automated bulk requests that impair service performance for other customers are prohibited.
• API keys are non-transferable and must be kept confidential. Report compromised keys immediately.
• We may update the API (including deprecating endpoints) with at least 90 days' notice for breaking changes.

Customer indemnity. You agree to indemnify, defend, and hold harmless Zerqano and its officers, directors, employees, and affiliates from and against any claims, damages, penalties, fines, and costs (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) Customer Data, including any claim that it infringes third-party intellectual property rights or violates applicable law; or (c) your gross negligence or wilful misconduct.

Zerqano indemnity. Zerqano will indemnify and defend you against any third-party claim that the Service (excluding Customer Data) infringes a patent, copyright, or trademark, provided that you: (a) give us prompt written notice; (b) permit us to control the defence; and (c) cooperate reasonably. If we believe the Service may infringe, we may modify it, procure a licence, or terminate your access with a pro-rated refund.

Zerqano warrants that: (a) the Service will perform materially in accordance with its documentation under normal use; and (b) it will implement and maintain appropriate technical and organisational security measures as described in our Security Policy.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

AI OUTPUTS ARE PROVIDED WITHOUT ANY WARRANTY AS TO ACCURACY, COMPLETENESS, OR FITNESS FOR PURPOSE. YOU ASSUME ALL RISK ASSOCIATED WITH RELIANCE ON AI OUTPUTS.

Some jurisdictions do not permit the exclusion of implied warranties. If you are in such a jurisdiction, some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY: LOSS OF PROFITS; LOSS OF REVENUE OR BUSINESS; LOSS OF GOODWILL; LOSS OF OR DAMAGE TO DATA; LOSS OF ANTICIPATED SAVINGS; INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations apply to all causes of action in aggregate, not per incident. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

Some jurisdictions do not permit the exclusion or limitation of certain damages. If you are in such a jurisdiction, the above limitations may not apply to the extent prohibited.

Termination by you. You may terminate your account at any time via your account settings or by contacting us. Upon termination, your subscription ends at the close of the current billing period.

Termination by us. We may suspend or terminate your access with reasonable notice if: (a) you materially breach these Terms and fail to remedy the breach within 14 days of written notice; (b) you fail to pay any amount due and the failure persists for 10 days after notice; (c) we are required to do so by law or regulatory authority; or (d) you become insolvent or subject to insolvency proceedings.

Immediate suspension. We reserve the right to immediately suspend access (without notice) if there is credible evidence of a security incident, illegal activity, or use that materially harms the Service or other customers.

Effect of termination. On termination: (a) all licences granted to you cease; (b) you remain liable for all fees accrued prior to termination; (c) we will make Customer Data available for export for 30 days, after which it will be deleted per our data retention schedule; and (d) provisions that by their nature should survive (including IP, confidentiality, liability, and governing law) will continue in force.

These Terms are governed by and construed in accordance with the laws of the State of Illinois, County of Cook, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Notwithstanding the above, if you are a consumer resident in the EEA or UK, you may also have the right to submit a dispute to an alternative dispute resolution (ADR) body under applicable law.

We may modify these Terms from time to time. For material changes, we will provide at least 30 days' notice via email and a prominent notice in the platform dashboard. For non-material changes (e.g., clarifications, formatting, contact details), we will update the “Last updated” date without prior notice.

Your continued use of the Service after the effective date of modified Terms constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account before the effective date for a prorated refund of prepaid fees.