End User License Agreement

Last Updated: March 24, 2024

This End User License Agreement governs your use of the Zorqali software, platform, and related services. By accessing or using our services, you agree to be bound by the terms of this agreement.

1. Grant of License

Subject to your compliance with this agreement, Zorqali grants you a limited, non-exclusive, non-transferable, revocable license to access and use our software and services for your internal business purposes.

1.1 Scope of License

You may use the software to monitor AI performance metrics, generate reports, and access analytics features as provided through your account. The license is granted solely to you and may not be shared with or transferred to any third party without our prior written consent.

1.2 License Restrictions

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the software. You may not modify, adapt, translate, or create derivative works based on the software. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer the software to any third party.

2. Acceptable Use

You agree to use the software only for lawful purposes and in accordance with this agreement. You will not use the services to transmit any harmful code, interfere with system operations, or attempt unauthorized access to any systems or data.

2.1 Prohibited Activities

You may not use the software to violate any applicable laws or regulations, infringe upon intellectual property rights of others, transmit threatening or harassing content, or engage in any fraudulent activity. You may not attempt to gain unauthorized access to other user accounts or system infrastructure.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.

3. Intellectual Property Rights

The software, including all code, designs, graphics, documentation, and related materials, is owned by Zorqali and protected by intellectual property laws. All rights not expressly granted in this agreement are reserved by Zorqali.

3.1 User Content

You retain ownership of any data, content, or materials you submit to the software. By submitting content, you grant Zorqali a worldwide, royalty-free license to use, store, and process such content solely to provide and improve the services.

3.2 Feedback

If you provide suggestions, ideas, or feedback regarding the software, Zorqali may use such feedback without any obligation to you, including incorporating it into future versions of the software.

4. Term and Termination

This agreement remains in effect until terminated by either party. You may terminate this agreement at any time by discontinuing use of the software and closing your account. We may suspend or terminate your access immediately if you violate any terms of this agreement.

4.1 Effect of Termination

Upon termination, your right to access and use the software immediately ceases. We may delete your account data in accordance with our data retention policies. Provisions regarding intellectual property, limitations of liability, and dispute resolution survive termination.

4.2 Data Export

Prior to termination, you may export your data using the tools provided in the software. After termination, we are not obligated to maintain or provide access to your data.

5. Warranties and Disclaimers

The software is provided on an as-is and as-available basis. We make no warranties, express or implied, regarding the software, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

5.1 No Guarantee of Availability

We do not guarantee that the software will be available at all times or free from errors. We may modify, suspend, or discontinue any aspect of the software at any time without prior notice.

5.2 Third-Party Services

The software may integrate with or contain links to third-party services. We are not responsible for the content, policies, or practices of any third-party services.

6. Limitation of Liability

To the maximum extent permitted by law, Zorqali shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the software, including loss of profits, data, or business opportunities.

6.1 Maximum Liability

Our total liability for any claims arising from this agreement shall not exceed the amount you paid to Zorqali in the twelve months preceding the claim, or one hundred units of currency if no fees were paid.

6.2 Essential Purpose

These limitations apply even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

7. Indemnification

You agree to indemnify and hold harmless Zorqali and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the software, your violation of this agreement, or your violation of any rights of another party.

8. Updates and Modifications

We may update the software from time to time to improve functionality, fix bugs, or add new features. We may also modify this agreement by posting a revised version on our website. Your continued use of the software after modifications constitutes acceptance of the updated terms.

8.1 Notification of Changes

We will make reasonable efforts to notify you of material changes to this agreement through email or in-product notifications. It is your responsibility to review this agreement periodically.

9. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You may not use or export the software in violation of any such laws or regulations.

10. Entire Agreement

This agreement constitutes the entire agreement between you and Zorqali regarding your use of the software and supersedes all prior agreements and understandings, whether written or oral.

11. Severability

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12. Waiver

No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.

13. Assignment

You may not assign or transfer this agreement or any rights granted hereunder without our prior written consent. We may assign this agreement to any affiliate or in connection with a merger, acquisition, or sale of assets.

14. Contact Information

If you have questions about this End User License Agreement, please contact us at [email protected].