Terms and Conditions of Zanopy AI
1. Introduction & Overview
Welcome to Zanopy AI. These Terms and Conditions ('Terms') form a legally binding agreement between you ('User', 'Customer', 'you') and Zanopy AI ('Company', 'we', 'us'). These Terms govern your use of our website, applications, backend artificial intelligence systems, and related services (collectively, the 'Services').
Zanopy AI provides Assisted (Assisted) services which are distinct from do-it-yourself (DIY) tools. This means that while customers may provide their inputs such as business information, logos, slogans, and preferences and Zanopy AI’s backend systems and human-supervised workflows create final deliverables, including videos, images, graphics, marketing text, and promotional materials. Customers do not directly operate the AI or template systems; rather, they supply data, and Zanopy AI manages execution.
The purpose of these Terms is to establish clear rules, rights, and responsibilities. They include provisions on account registration, payments, intellectual property, acceptable use, warranties, disclaimers, limitations of liability, indemnification, termination, privacy, data security, governing law, dispute resolution, and additional annexures such as Content License Agreements, Data Processing Addendums, Acceptable Use Policies, and Cookie Policies.
By accessing or using the Services, you confirm that you have read, understood, and agreed to be bound by these Terms in their entirety. If you do not agree, you must discontinue use immediately.
2. Definitions
For clarity and interpretation of these Terms, the following definitions apply:
a. 'Customer Content' means any information, data, files, images, text, logos, designs, or other materials provided by you to Zanopy AI for the purpose of generating Deliverables.
b. 'Deliverables' means any videos, images, graphics, promotional content, or other output created by Zanopy AI using its AI systems, templates, or human-supervised workflows, provided to you as part of the Services.
c. 'Services' means all offerings by Zanopy AI, including but not limited to the Assisted creative generation services, template selection workflows, backend AI-driven processing, and delivery of marketing materials.
d. 'Privacy Policy' refers to Zanopy AI’s detailed policy regarding collection, use, storage, transfer, and disclosure of user data, which forms part of these Terms.
e. 'Data Processing Addendum' or 'DPA' means the GDPR-compliant annexure that governs data protection obligations where Zanopy AI processes personal data on your behalf.
f. 'Content License Agreement' means the annexure that specifies rights and restrictions related to the use of any content (including AI-generated, free, or licensed stock materials) incorporated into Deliverables.
g. 'Acceptable Use Policy' means the annexure outlining restrictions and prohibited activities when using the Services.
h. 'Cookie Policy' means the annexure describing Zanopy AI’s use of cookies, analytics, and tracking technologies.
3. Eligibility and Accounts
Only individuals who can legally enter into binding contracts under applicable law may use the Services. By using the Services, you represent that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher.
Account registration is required to access functionalities. You agree to provide complete and accurate information and to update it promptly if it changes. You are solely responsible for maintaining the confidentiality of your login credentials. All activities that occur under your account are your responsibility, whether or not you authorized them.
If you are using the Services on behalf of a company, organization, or other entity ('Corporate User'), you warrant that you have the authority to bind that entity to these Terms. In such cases, 'you' shall also refer to the Corporate User.
Zanopy AI may suspend or terminate your account immediately, without notice, if it suspects fraudulent activity, misuse, or violations of these Terms.
4. Services and Deliverables
4.1 Nature of Services
Zanopy AI provides Assisted (Assisted) creative solutions. Zanopy AI handles the entire workflow after you provide your business details and select templates. This includes:
• Intake of Customer Content (logos, images, slogans, or text).
• Processing by Zanopy AI’s proprietary AI models.
• Human-supervised adjustments to ensure usability.
• Delivery of finalized creative assets (“Deliverables”).
4.2 Types of Deliverables
Deliverables may include, without limitation:
Videos – promotional videos, social media reels, product demonstrations, advertisements.
Images – branded visuals, posters, banners, thumbnails, flyers.
Textual Content – slogans, product descriptions, social captions, taglines.
Marketing Kits – pre-packaged campaign assets for social media or digital ads.
Other Outputs – any additional creative material agreed upon in writing.
All Deliverables are customized based on Customer Content and template selection, but final form is determined by Zanopy AI’s AI-driven process.
4.3 Quality of Outputs
You acknowledge and agree that:
• Deliverables are AI-Assistedcreations, meaning they may contain elements similar to publicly available materials.
• Zanopy AI does not guarantee that Deliverables will be unique, free of errors, or suitable for all legal or commercial purposes.
• While reasonable efforts are made to align Deliverables with your specifications, creative judgment remains with Zanopy AI.
4.4 Use of Templates and Licensed Content
• Templates, stock images, or third-party content integrated into Deliverables may be subject to license restrictions.
• Zanopy AI will provide Deliverables for your business use only, not for resale, sublicensing, or redistribution.
• If Deliverables incorporate licensed stock material, your rights are limited to the license terms applicable to that content.
4.5 Delivery Timelines
• Zanopy AI will make reasonable efforts to deliver projects within the timelines communicated at the time of order.
• Timelines are estimates only and may vary depending on project complexity, Customer Content quality, and unforeseen technical issues.
• Delay in delivery shall not constitute a breach of contract nor entitle you to refunds or damages.
4.6 Acceptance of Deliverables
• Deliverables are deemed accepted upon delivery.
• Minor variations in style, tone, or design shall not constitute grounds for rejection.
• Requests for revisions, if permitted, must be made within [3 days] of delivery and will be subject to Zanopy AI’s discretion.
4.7 Limitations of Use
You agree not to:
• Modify Deliverables in a manner that misrepresents Zanopy AI’s brand or violates third-party rights.
• Use Deliverables for unlawful, defamatory, or misleading advertising.
• Claim authorship or ownership of the creative methodology behind Deliverables.
4.8 Service Availability
• Zanopy AI may from time to time update, suspend, or discontinue certain features or types of Deliverables.
• We reserve the right to make such changes without liability to you, provided any confirmed and prepaid orders will still be fulfilled.
5. Payments, Billing & Refunds
5.1 Prepaid Model
• All Services offered by Zanopy AI operate strictly on a prepaid model.
• Work on Deliverables will not begin until payment has been confirmed in full.
• Partial payments, deposits, or promises to pay are not sufficient to initiate work.
• You acknowledge that by purchasing any Service, you are entering into a non-refundable contract with Zanopy AI.
5.2 No Refunds
Payments made to Zanopy AI are final and non-refundable, regardless of:
• Dissatisfaction with the Deliverables;
• Errors in Customer Content provided by you;
• Your decision to discontinue using the Services after payment;
• Termination of your account due to a violation of these Terms.
This strict no-refund policy applies because:
1. Services involve substantial allocation of AI resources and human-supervised workflows.
2. Outputs are customized to your business, and once initiated, cannot be repurposed for others.
5.3 Pricing
• Prices for Services are determined solely by Zanopy AI and are subject to change at any time.
• Pricing will not be altered retroactively for orders that have already been paid.
• Any promotional offers, discounts, or trial campaigns may be withdrawn at Zanopy AI’s discretion.
5.4 Taxes
• Unless otherwise stated, prices displayed are exclusive of taxes.
• Customers are responsible for all applicable taxes or withholding taxes in their jurisdiction.
• Failure to pay taxes does not relieve you of your obligation to pay the agreed price.
5.5 Billing & Payment Methods
• Zanopy AI accepts payments through approved payment processors, which may include credit/debit cards, bank transfers, or digital wallets.
• You authorize Zanopy AI (or its payment processor) to automatically charge your chosen payment method for the Services purchased.
• You must ensure that billing information is accurate, current, and complete.
5.6 Payment Failures
If a payment attempt fails:
• Your access to Services will be suspended until payment is resolved.
• Zanopy AI reserves the right to charge reasonable late fees or cancel pending Deliverables.
5.7 Currency
Unless otherwise specified, all payments shall be made in USD (United States Dollars). If you pay in another currency, you agree that exchange rate conversions and any additional banking charges are your responsibility.
5.8 No Chargebacks
You agree not to initiate chargebacks or payment reversals with your financial institution for payments already made. Any attempted chargebacks will constitute a breach of these Terms and may result in:
• Immediate termination of your account;
• Permanent ban from using the Services;
• Legal recovery proceedings to reclaim disputed amounts.
6. Customer Content
6.1 Definition of Customer Content
“Customer Content” refers to all materials, data, and information you provide to Zanopy AI for use in generating Deliverables. This includes, but is not limited to:
• Logos, brand names, and trademarks.
• Images, graphics, and designs.
• Videos, audio files, and other media.
• Business descriptions, slogans, taglines, or textual data.
• Any instructions, prompts, or specifications.
6.2 Ownership of Customer Content
• You retain ownership of all Customer Content submitted to Zanopy AI.
• By providing Customer Content, you grant Zanopy AI a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, and modify such content solely for the purpose of delivering the Services.
• This license terminates once the Service is complete, except where retention is necessary for legal compliance, dispute resolution, or quality improvement.
6.3 Warranties by Customer
You represent and warrant that:
1. You either own the Customer Content or have valid licenses/permissions to use it.
2. Customer Content does not infringe upon or violate any intellectual property rights, including copyrights, trademarks, patents, design rights, or trade secrets of any third party.
3. Customer Content does not violate privacy rights, publicity rights, or confidentiality obligations.
4. Customer Content does not contain viruses, malware, or malicious code.
5. Customer Content complies with all applicable laws, regulations, and industry standards.
6.4 Responsibility for Accuracy
• You are solely responsible for the accuracy, completeness, and appropriateness of Customer Content.
• Zanopy AI does not independently verify Customer Content and shall not be held responsible for errors, omissions, or inaccuracies contained therein.
• If Deliverables are based on inaccurate or misleading Customer Content, the liability rests entirely with you.
6.5 Prohibited Customer Content
You agree not to upload, transmit, or provide Customer Content that:
• Is unlawful, fraudulent, or defamatory.
• Promotes violence, discrimination, or hate speech.
• Contains obscene, pornographic, or offensive material.
• Infringes the intellectual property rights of third parties.
• Includes sensitive personal data (e.g., health records, financial data, or minors’ data) unless strictly necessary and lawfully collected.
• Could damage or disrupt Zanopy AI’s systems.
6.6 Indemnification for Customer Content
You agree to indemnify, defend, and hold harmless Zanopy AI, its officers, employees, and affiliates against any claims, damages, losses, or expenses (including attorney fees) arising out of:
• Intellectual property infringement claims related to Customer Content.
• Regulatory fines or penalties due to unlawful data submissions.
• Damages caused by harmful, malicious, or misleading Customer Content.
6.7 Rights to Remove or Refuse Content
• Zanopy AI reserves the right (but not the obligation) to refuse, remove, or delete Customer Content that violates these Terms.
• This includes suspending or terminating Services where such violations occur, without any refund.
6.8 Retention of Customer Content
• Zanopy AI may store Customer Content temporarily for operational and quality assurance purposes.
• Customer Content may be retained longer if required for legal compliance, dispute resolution, or to enforce these Terms.
• Zanopy AI shall have no liability for deletion, corruption, or loss of Customer Content beyond its reasonable control.
6.9 Feedback and Suggestions
• If you submit feedback, suggestions, or ideas regarding improvements to Deliverables or Services, you agree that Zanopy AI may freely use such feedback without restriction or compensation.
• Such contributions do not create any intellectual property rights in your favor over the AI models or methods used by Zanopy AI.
7. Intellectual Property Rights
7.1 Ownership of Zanopy AI Technology
• All rights, title, and interest in and to the Services, software, AI models, algorithms, templates, workflows, and backend infrastructure remain the exclusive property of Zanopy AI and its licensors.
• Nothing in these Terms shall be construed as granting any ownership rights to you, except as expressly provided herein.
• You acknowledge that:
a. The underlying technology, training data, and design methods used by Zanopy AI are proprietary.
b. Access to Deliverables does not imply any rights over Zanopy AI’s source code, models, or intellectual property.
7.2 Ownership of Deliverables
• Deliverables generated through the Services are licensed, not sold.
• Subject to your compliance with these Terms and payment of all fees, Zanopy AI grants you a non-exclusive, non-transferable, worldwide license to use the Deliverables solely for your business and marketing purposes.
• You may not resell, sublicense, lease, or redistribute Deliverables without prior written consent from Zanopy AI.
7.3 Restrictions on Use
You agree not to:
1. Claim authorship of the underlying AI models or template systems used to produce Deliverables.
2. Attempt to reverse-engineer, decompile, or derive the source code, algorithms, or data behind Zanopy AI’s Services.
3. Create competing products or services based on Deliverables, templates, or Zanopy AI’s proprietary technology.
4. Use Deliverables in a way that infringes third-party rights, violates law, or breaches these Terms.
7.4 Intellectual Property in Templates and Third-Party Content
• Certain templates, stock images, fonts, or elements used in Deliverables may originate from third-party licensors.
• In such cases, your rights to use those elements are subject to the applicable license terms.
• Zanopy AI makes no warranty that third-party content included in Deliverables will be free from intellectual property claims. You are responsible for ensuring lawful use in your business context.
7.5 Customer Content vs. Deliverables
• Customer Content remains your property (see Section 6).
• Deliverables created using Customer Content and Zanopy AI’s systems are licensed as described in this section.
• To the extent Deliverables incorporate Customer Content, you retain rights to your original materials, but not to the systems or templates used by Zanopy AI to process them.
7.6 Feedback and Suggestions
• Any feedback, improvements, or suggestions you provide to Zanopy AI regarding the Services shall be deemed the sole property of Zanopy AI.
• By submitting feedback, you waive any claims of ownership and grant Zanopy AI the unrestricted right to use and incorporate such ideas without compensation.
7.7 Reservation of Rights
• Except as expressly granted under these Terms, all rights not explicitly licensed remain reserved by Zanopy AI.
• No license or right is granted to you by implication, estoppel, or otherwise.
7.8 Trademarks
• The name “Zanopy AI”, associated logos, trade dress, and branding are trademarks or service marks owned by Zanopy AI.
• You may not use Zanopy AI’s trademarks without express written permission, except to identify Deliverables lawfully obtained under these Terms.
8. Acceptable Use & Prohibited Conduct.
8.1 Purpose of this Policy
This Acceptable Use section is designed to ensure that the Services are used responsibly, lawfully, and in a manner consistent with Zanopy AI’s values and legal obligations. Any violation may result in suspension or termination of your account without refund.
8.2 General Prohibitions
You agree not to use the Services or Deliverables to:
Violate Law – engage in unlawful, fraudulent, or deceptive practices.
Infringe Rights – use Deliverables in a way that infringes or misappropriates third-party intellectual property rights.
Defamatory Use – publish or distribute false, misleading, defamatory, or libelous content.
Harm Minors – exploit, endanger, or target minors in any manner.
Violence and Hate – promote violence, terrorism, hate speech, discrimination, or harassment.
Obscenity – create pornographic, obscene, or sexually explicit material.
Political/Religious Extremism – create extremist propaganda or content inciting hostility.
Sensitive Uses – produce financial, legal, or medical content without proper review by qualified professionals.
8.3 Security Restrictions
You may not:
• Upload viruses, malware, spyware, ransomware, or any malicious code.
• Attempt to hack, disable, or disrupt Zanopy AI’s servers or networks.
• Circumvent authentication or security measures of the Services.
• Probe or scan systems for vulnerabilities without authorization.
8.4 Integrity of Deliverables
• You must not alter Deliverables in ways that create false representations of Zanopy AI’s output quality.
• Deliverables may not be used to train competing AI systems without prior written approval.
• You may not resell Deliverables as your own “AI service output” to third parties.
8.5 Fair Use of Services
You agree not to:
• Overload or abuse the Services by generating excessive, automated, or fraudulent requests.
• Use the Services to build competing platforms, reverse engineer, or extract proprietary information.
• Engage in “prompt injection” or manipulation intended to override Zanopy AI’s safeguards.
8.6 Prohibited Business Sectors
Unless explicitly approved in writing, Deliverables may not be used for:
• Gambling, betting, or lotteries.
• Adult entertainment industries.
• Weapons, arms, or defense industries.
• Tobacco, vaping, or recreational drugs.
• Activities sanctioned under applicable export control or trade embargo laws.
8.7 Enforcement Rights
Zanopy AI reserves the right to:
• Monitor usage for compliance.
• Remove or block access to Deliverables that breach this Policy.
• Report unlawful conduct to relevant authorities.
• Terminate accounts immediately, without refund, for violations.
8.8 Customer Responsibility
• You are solely responsible for all use of Deliverables generated from your Customer Content.
• Zanopy AI disclaims liability for misuse of Deliverables once delivered.
• You must indemnify Zanopy AI for any harm, claims, or damages resulting from your prohibited use.
8.9 No Waiver of Rights
Failure of Zanopy AI to enforce any restriction does not constitute a waiver of its rights to enforce it in the future.
9. AI-Specific Terms
9.1 Nature of AI Outputs
• Deliverables produced by Zanopy AI are generated in part through artificial intelligence and machine learning models.
• AI outputs are probabilistic in nature: results are generated based on training data patterns, not deterministic programming.
• This means Deliverables may occasionally include inaccuracies, unintended similarities to existing works, or irrelevant material.
9.2 No Guarantee of Originality
• Zanopy AI makes no warranty that Deliverables will be unique or free from overlap with publicly available works.
• AI-generated outputs may resemble third-party content by coincidence or because similar inputs exist in public domains.
• It is your responsibility to review Deliverables before commercial use to ensure compliance with intellectual property laws.
9.3 Accuracy and Reliability
• While Zanopy AI aims to produce high-quality Deliverables, no guarantee of accuracy, completeness, or fitness for a specific purpose is made.
• AI-generated text, images, or videos should not be relied upon as authoritative advice in regulated industries such as:
• Legal, financial, medical, or healthcare services;
• Government, regulatory, or compliance-related matters.
• You acknowledge that reliance on Deliverables without independent professional review is at your own risk.
9.4 Customer Responsibility for AI Outputs
• You are solely responsible for how Deliverables are used, published, or distributed.
• You must independently verify that Deliverables:
a.Do not infringe third-party rights.
b.Are accurate and suitable for their intended audience.
c.Comply with applicable advertising, consumer protection, and industry-specific regulations.
9.5 AI Bias and Ethical Limitations
• AI models may unintentionally produce biased, stereotypical, or culturally insensitive outputs due to limitations in training data.
• Zanopy AI disclaims responsibility for such occurrences and strongly recommends that Deliverables undergo human review before public release.
• Customers agree not to use Deliverables in ways that perpetuate discrimination, hate speech, or unethical practices.
9.6 Intellectual Property Risks of AI Outputs
• You acknowledge that AI-generated outputs may contain elements subject to copyright, trademark, or publicity rights.
• Zanopy AI does not indemnify or guarantee against third-party claims relating to AI outputs.
• All responsibility for securing proper licenses, permissions, and clearances rests with you.
9.7 Limitation of Use for AI Outputs
You agree not to:
1.Use AI-generated Deliverables as training data for developing competing AI systems.
2.Represent Deliverables as “human-authored” where such misrepresentation is unlawful.
3.Claim ownership over Zanopy AI’s underlying AI models or methodologies.
9.8 Transparency in Marketing
• Where required by law or regulation, you must disclose that certain materials were AI-generated.
• Zanopy AI is not responsible for regulatory violations arising from failure to disclose AI involvement in Deliverables.
10. Privacy & Data Protection
10.1 Commitment to Privacy
Zanopy AI respects your privacy and is committed to safeguarding the personal information you share with us. This section outlines how we collect, use, store, disclose, and protect data in connection with the Services.
10.2 Data We Collect
When you use the Services, Zanopy AI may collect the following categories of information:
Account Information
Name, email address, phone number, billing address, and login credentials.
Payment Information
Credit/debit card details, bank information, or payment tokens, collected through secure third-party processors.
Customer Content
Logos, text, images, or other business information you provide for Deliverables.
Technical Data
IP addresses, browser type, device identifiers, operating system, access times, and activity logs.
Usage Data
Pages viewed, features used, frequency of logins, and interaction with Deliverables.
Cookies & Tracking Data
Cookies, web beacons, analytics tags, and similar technologies (see Cookie Policy, Annexure D).
10.3 Use of Collected Data
We use your data strictly for legitimate business purposes, including to:
• Provide and deliver Services and Deliverables.
• Personalize Deliverables to your business needs.
• Process payments, manage billing, and prevent fraud.
• Improve Services through analytics and feedback.
• Send updates, technical notices, and administrative communications.
• Ensure compliance with legal and regulatory requirements.
10.4 Legal Basis for Processing (GDPR Compliance)
For users within the European Economic Area (EEA), Zanopy AI relies on the following legal bases:
Contractual Necessity: To deliver Services you purchase.
Legitimate Interests: To improve Services, ensure security, and prevent fraud.
Consent: For cookies, marketing communications, or optional data processing.
Legal Obligation: To comply with applicable laws, tax, and regulatory frameworks.
10.5 Data Sharing & Disclosure
We may share your data with:
Service Providers: Payment processors, hosting services, analytics platforms, and customer support tools.
Affiliates & Subsidiaries: For internal business and operational purposes.
Legal Authorities: Where disclosure is required by law, regulation, or judicial order.
Business Transfers: In case of merger, acquisition, or sale of assets.
We never sell or rent personal data to third parties.
10.6 Data Retention
• Personal data will be retained only as long as necessary for the purposes described.
• Retention periods vary depending on regulatory requirements, tax obligations, and dispute resolution needs.
• Customer Content may be deleted once Deliverables are complete, unless longer retention is required by law.
10.7 Security Measures
• Zanopy AI implements industry-standard safeguards, including encryption, firewalls, and access controls.
• However, no system is fully secure. You acknowledge that data transmission over the internet carries inherent risks, and Zanopy AI is not liable for breaches beyond its reasonable control.
10.8 International Transfers
• Data may be stored and processed in jurisdictions outside your country, including servers located in the United States, EU, or Asia.
• By using the Services, you consent to such transfers, even where privacy laws may differ.
10.9 User Rights
Depending on your jurisdiction, you may have the right to:
• Access personal data we hold about you.
• Correct inaccuracies or request deletion of your data.
• Restrict or object to processing of your data.
• Withdraw consent for marketing communications.
• Request data portability in structured electronic formats.
Requests may be sent to [Email], and Zanopy AI will respond within legally mandated timeframes.
10.10 Children’s Privacy
• The Services are not intended for individuals under the age of 18.
• Zanopy AI does not knowingly collect data from children.
• If we become aware that personal data of a child has been collected, we will delete it promptly.
10.11 Data Processing Addendum (DPA)
• For customers subject to GDPR or equivalent laws, the Data Processing Addendum (Annexure B) applies in addition to these Terms.
• Under the DPA:
1. You are the Data Controller; Zanopy AI acts as the Data Processor.
2. Zanopy AI will only process data on your instructions.
3. Sub-processors may be engaged but will be bound by contractual safeguards.
4. Zanopy AI will assist in responding to Data Subject Access Requests (DSARs).
10.12 Cookies & Tracking
• Zanopy AI uses cookies and tracking technologies for functionality, analytics, and personalization.
• For detailed information, see the Cookie Policy (Annexure D).
• You may disable cookies in your browser, but this may limit Service functionality.
10.13 Privacy Rights (CCPA)
Zanopy AI provides the following rights under the California Consumer Privacy Act (CCPA):
• Right to know categories of personal data collected.
• Right to request deletion of personal data.
• Right to opt out of data “sales” (though Zanopy AI does not sell personal data).
• Right to non-discrimination for exercising privacy rights.
11. Security
11.1 Commitment to Security
Zanopy AI is committed to implementing industry-standard technical, administrative, and organizational safeguards designed to protect Customer Content and personal data against unauthorized access, disclosure, alteration, or destruction.
11.2 Security Measures Implemented
Zanopy AI employs a range of security practices, including:
• Encryption of sensitive data both in transit (SSL/TLS) and at rest.
• Access Controls to restrict data access only to authorized personnel.
• Firewalls & Intrusion Detection Systems to monitor suspicious activity.
• Regular Security Testing, including vulnerability scans and penetration testing.
• Employee Training on data protection and cybersecurity best practices.
11.3 Customer’s Security Obligations
While Zanopy AI takes reasonable measures, you are also responsible for safeguarding your account and Customer Content. You agree to:
1. Use strong, unique passwords and update them regularly.
2. Keep login credentials confidential and not share them with others.
3. Immediately notify Zanopy AI of any unauthorized access or suspicious activity.
4. Ensure that Customer Content you upload is free from viruses, malware, or malicious code.
5. Use secure networks and devices when accessing the Services.
11.4 No Absolute Guarantee
• While Zanopy AI strives to protect information, no system is completely secure.
• You acknowledge that data transmission via the internet carries inherent risks, and Zanopy AI cannot guarantee absolute security of your information.
• Zanopy AI disclaims liability for breaches caused by:
a. Circumstances beyond its reasonable control.
b. Acts of third parties such as hackers, cybercriminals, or malicious insiders.
c. Customer negligence, including weak passwords or insecure networks.
11.5 Security Incidents & Breach Notification
• In the event of a security incident affecting your personal data, Zanopy AI will notify you promptly as required under applicable law.
• Notification may be made via email, in-platform alerts, or by posting a notice on our website.
• Zanopy AI will take reasonable steps to investigate, contain, and remediate any breach.
11.6 Customer Acknowledgment
By using the Services, you acknowledge and agree that:
• Risk cannot be eliminated entirely, even with strong safeguards.
• Zanopy AI is not responsible for losses resulting from phishing attacks, password leaks, or user errors.
• You remain solely responsible for backing up your Customer Content outside of Zanopy AI’s systems.
12. Third-Party Services
12.1 Use of Third-Party Services
The Services may integrate, rely upon, or provide access to third-party platforms, providers, and content. These may include, but are not limited to:
• Payment Processors (e.g., Stripe, PayPal, bank gateways).
• Hosting Providers & Cloud Infrastructure.
• Stock Image, Video, and Font Libraries.
• Analytics & Tracking Tools.
• Customer Communication Tools (e.g., email delivery services).
• AI Tools (e.g Chat GPT, Grok etc.)
You acknowledge that your use of such third-party services may be subject to additional terms and conditions imposed by those providers.
12.2 No Control Over Third-Party Services
• Zanopy AI does not own, operate, or control third-party providers.
• We do not endorse or assume responsibility for the quality, legality, or reliability of third-party services.
• Availability of third-party services may be subject to their own limitations, outages, or changes, for which Zanopy AI is not responsible.
12.3 Liability Disclaimer
• Zanopy AI disclaims all liability arising from the acts, omissions, errors, or negligence of third-party providers.
• If a Deliverable incorporates third-party stock content, fonts, or templates, you are responsible for ensuring compliance with the applicable license terms.
• Zanopy AI makes no warranty that Deliverables containing third-party content will be free of intellectual property claims.
12.4 Customer Responsibility
• You are solely responsible for reviewing and complying with third-party terms, including license restrictions, usage limits, and attribution requirements.
• If your use of Deliverables violates a third-party’s rights or license terms, you shall indemnify and hold Zanopy AI harmless against related claims.
12.5 Payment Processors
• All financial transactions are processed through secure third-party payment gateways.
• Zanopy AI does not store or retain sensitive financial data (such as credit card numbers).
• Any disputes regarding payments, refunds, or processing delays must be raised directly with the payment processor, subject to their policies.
12.6 External Links
• The Services may contain links to third-party websites.
• Zanopy AI provides such links for convenience only and does not endorse or guarantee their content.
• Accessing third-party websites is entirely at your own risk.
12.7 Changes to Third-Party Services
• Third-party providers may update, modify, or discontinue their services at any time.
• Zanopy AI is not responsible for any resulting disruption in Deliverables or Service availability.
13. Warranties & Disclaimers
13.1 Services Provided “As Is”
• All Services and Deliverables are provided strictly “as is” and “as available”.
• Zanopy AI makes no representation or warranty that the Services will:
a. Meet your specific expectations, business objectives, or marketing goals;
b. Be error-free, uninterrupted, or entirely secure;
c. Produce outcomes identical to your specifications;
d. Be free of bugs, viruses, or harmful components.
13.2 No Implied Warranties
• To the fullest extent permitted by law, Zanopy AI expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise. This includes, without limitation:
1. Implied warranties of merchantability (fitness for general business use).
2. Implied warranties of fitness for a particular purpose (suitability for your intended use case).
3. Implied warranties of non-infringement (freedom from third-party IP claims).
4. Implied warranties of accuracy or reliability of AI-generated outputs.
13.3 No Guarantee of Business Success
• You acknowledge that marketing outcomes depend on numerous factors outside Zanopy AI’s control, including customer demand, market conditions, and competitor activity.
• Zanopy AI does not guarantee that use of Deliverables will result in increased sales, customer engagement, profitability, or any specific business success.
13.4 AI-Specific Limitations
• AI-generated Deliverables may occasionally produce inaccurate, incomplete, biased, or repetitive outputs.
• Zanopy AI disclaims responsibility for:
a. Overlaps between Deliverables and existing third-party content.
b. Inconsistencies in style, tone, or design.
c. Outputs that are not legally compliant in certain jurisdictions.
13.5 Third-Party Content Disclaimer
• Deliverables may contain elements licensed from third parties (e.g., stock photos, fonts, or video snippets).
• Zanopy AI does not warrant that such third-party content will be free from intellectual property disputes.
• You are solely responsible for ensuring lawful use of Deliverables containing such materials.
13.6 Service Availability Disclaimer
• Zanopy AI does not warrant that the Services will be available at all times or without disruption.
• Planned maintenance, system upgrades, third-party outages, or force majeure events may result in temporary unavailability.
• Zanopy AI disclaims liability for any inconvenience or damages arising from such interruptions.
13.7 Jurisdiction-Specific Disclaimers
• Some jurisdictions do not allow the exclusion of implied warranties.
• In such cases, Zanopy AI’s liability will be limited to the minimum extent permitted by law.
14. Limitation of Liability
14.1 Maximum Liability Cap
To the fullest extent permitted by law:
• Zanopy AI’s aggregate liability for any claim, dispute, or cause of action arising under or relating to these Terms, the Services, or Deliverables shall not exceed:
1. The total amount paid by you for the specific Service giving rise to the claim, or
2. USD $100, whichever is lower.
This limitation applies regardless of whether the claim arises in contract, tort, negligence, strict liability, or otherwise.
14.2 Exclusion of Indirect and Consequential Damages
Under no circumstances shall Zanopy AI be liable for:
• Loss of profits, revenue, or anticipated savings.
• Loss of business opportunities, goodwill, or reputation.
• Business interruption or downtime.
• Loss of data, including corruption, deletion, or failure to back up Customer Content.
• Indirect, incidental, special, exemplary, or punitive damages.
14.3 AI-Specific Limitations
Zanopy AI shall not be liable for damages arising out of or related to:
1. Deliverables containing factual errors, inaccuracies, or biases.
2. Similarities between Deliverables and pre-existing works.
3. Misuse or unlawful use of Deliverables by you.
4. Regulatory fines or penalties arising from your failure to verify compliance before using Deliverables.
14.4 Third-Party Claims
• Zanopy AI disclaims responsibility for third-party intellectual property claims related to Customer Content or Deliverables.
• Any liability for such claims rests entirely with you.
• If Deliverables incorporate third-party stock elements, your rights are limited to the applicable license terms.
14.5 Force Majeure
Zanopy AI shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to:
• Natural disasters, acts of God, floods, earthquakes, fires.
• War, terrorism, riots, or civil unrest.
• Labor disputes or strikes.
• Power outages, internet disruptions, or telecommunications failures.
• Government regulations or restrictions.
14.6 Acknowledgment of Risk
By using the Services, you expressly acknowledge that:
• AI-generated outputs involve inherent uncertainties.
• You are responsible for independently reviewing Deliverables prior to use.
• You assume full responsibility for risks associated with reliance on Deliverables.
14.7 Essential Basis of Bargain
You agree that the limitations and exclusions of liability in this Section form an essential basis of the contract between you and Zanopy AI. Without these limitations, the Services would not be offered on the same terms or at the same price.
15. Indemnification
15.1 Customer’s Duty to Indemnify
You agree to indemnify, defend, and hold harmless Zanopy AI, its affiliates, officers, directors, employees, contractors, licensors, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:
Customer Content
Any allegation that Customer Content infringes, misappropriates, or otherwise violates intellectual property, privacy, publicity, or contractual rights of a third party.
Use of Deliverables
Any misuse, modification, or unlawful use of Deliverables by you or your end users.
Any regulatory fines, penalties, or investigations triggered by your reliance on Deliverables without proper verification.
Breach of Terms
Your violation of these Terms or any annexures (including the Acceptable Use Policy, Content License Agreement, or Data Processing Addendum).
Violation of Law
Your breach of applicable laws, regulations, or industry standards in connection with your use of Services or Deliverables.
15.2 Third-Party Claims
Your indemnification obligations apply specifically to third-party claims including, but not limited to:
• Copyright, trademark, patent, or trade secret infringement claims.
• Defamation, libel, slander, or false advertising disputes.
• Consumer protection or unfair trade practice allegations.
• Data privacy, GDPR, CCPA, or similar regulatory compliance claims.
15.3 Defense and Control
• Zanopy AI reserves the right to assume the exclusive defense and control of any matter subject to indemnification under this Section.
• If Zanopy AI elects to assume such defense, you agree to fully cooperate at your own cost.
• You may not settle any claim without Zanopy AI’s prior written consent, especially if such settlement imposes obligations on or adversely affects Zanopy AI.
15.4 Indemnification for Employees and Agents
Your indemnity obligations extend to cover claims brought against Zanopy AI’s employees, contractors, representatives, or affiliates arising from your use of the Services or Deliverables.
15.5 Survival
Your indemnification obligations under this Section shall survive termination or expiration of these Terms.
16. Termination
16.1 Termination by Zanopy AI
Zanopy AI may, at its sole discretion and without prior notice, suspend, restrict, or terminate your access to the Services if:
1. You breach these Terms, including annexed policies.
2. You fail to make timely payment for Services.
3. You provide false, misleading, or fraudulent information.
4. You misuse Deliverables or Customer Content in violation of intellectual property, privacy, or applicable laws.
5. You engage in prohibited conduct under the Acceptable Use Policy.
6. Your actions risk damage to Zanopy AI’s systems, reputation, or third-party relationships.
16.2 Termination by Customer
• You may terminate your use of the Services at any time by ceasing access to your account and Deliverables.
• However, no refunds will be provided for Services already paid.
• Outstanding obligations (such as indemnification or payment of taxes) will survive termination.
16.3 Consequences of Termination
Upon suspension or termination:
Loss of Access – You will lose access to your account, pending projects, and any incomplete Deliverables.
Retention of License – Licenses already granted to you for Deliverables previously delivered will remain valid, subject to continued compliance with these Terms.
No Refunds – Payments made before termination are final and non-refundable.
Obligations Survive – Sections relating to intellectual property, indemnification, limitation of liability, warranties, governing law, and dispute resolution shall continue to apply.
16.4 Suspension for Security or Legal Reasons
• Zanopy AI may suspend Services immediately where necessary to protect system integrity, comply with legal requirements, or investigate suspected misconduct.
• Such suspension may remain in effect until the issue is resolved to Zanopy AI’s satisfaction.
16.5 Effect on Data and Content
• Customer Content stored on Zanopy AI systems may be deleted upon termination.
• Zanopy AI has no obligation to retain, return, or provide backups of Customer Content or Deliverables after termination, unless required by law.
• You are solely responsible for securing copies of Deliverables delivered before termination.
16.6 Termination for Convenience by Zanopy AI
• Zanopy AI reserves the right to terminate the Services, in whole or in part, at its sole discretion and without liability.
• In such cases, if termination occurs before commencement of your prepaid order, Zanopy AI will refund any unused portion of fees.
• Once work has commenced, however, no refund shall be due.
17. Governing Law & Dispute Resolution
17.1 Governing Law
• These Terms, and any disputes arising from or relating to them, shall be governed by and construed in accordance with the laws of New Delhi, India without regard to its conflict-of-law provisions.
• The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms.
17.2 Venue and Jurisdiction
• Subject to the arbitration provisions below, you agree that any disputes shall be brought exclusively before the competent courts located in New Delhi, India and venue of Arbitration shall be New Delhi, India
• You irrevocably consent to the jurisdiction and venue of such courts.
17.3 Mandatory Arbitration
Agreement to Arbitrate
a. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or Deliverables shall be resolved by binding arbitration administered by Synergy Arbitration , India or Resolvex Arbitration, India.
b. Arbitration shall be conducted by a single arbitrator appointed in accordance with the institution’s rules.
Arbitration Rules
a. Proceedings shall be conducted in the English language.
b. The seat and venue of arbitration shall be New Delhi, India
c. The arbitrator’s decision shall be final and binding on both parties.
Costs of Arbitration
a. Each party shall bear its own legal fees.
b. Arbitration costs and fees of the arbitrator shall be shared equally, unless otherwise ordered.
17.4 Waiver of Class and Collective Actions
To the fullest extent permitted by law, you agree that disputes shall be resolved on an individual basis only.
You waive any right to participate in class actions, collective actions, representative proceedings, or mass arbitrations against Zanopy AI.
17.5 Injunctive Relief
Notwithstanding the arbitration requirement, Zanopy AI reserves the right to seek injunctive or equitable relief in court to protect its intellectual property, confidential information, or proprietary rights.
17.6 Time Limit for Claims
• Any claim or cause of action you may have arising out of or related to the Services must be filed within one (1) year after the cause of action accrues.
• After this period, claims are permanently barred.
17.7 International Users
• If you are located outside the governing jurisdiction specified above, you acknowledge and agree that:
1. The laws of your jurisdiction shall not apply.
2. You waive any objections to jurisdiction based on inconvenience or conflict with your local laws.
18. Amendments & Notices
18.1 Right to Amend
• Zanopy AI reserves the right, at its sole discretion, to modify, update, or replace these Terms (including annexures, policies, and referenced documents) at any time.
• Amendments may be made for reasons including, but not limited to:
1. Compliance with changes in laws or regulations.
2. Adjustments to reflect new Services, features, or business practices.
3. Enhancing clarity, enforceability, or risk management.
4. Addressing feedback or industry best practices.
18.2 Binding Effect of Amendments
• Continued use of the Services after an amendment takes effect constitutes your acceptance of the revised Terms.
• If you do not agree with the amended Terms, you must immediately discontinue use of the Services.
• No oral statements, communications, or representations by Zanopy AI or its staff shall modify these Terms unless made in writing and published officially.
18.3 Notification of Changes
Zanopy AI may provide notice of amendments in one or more of the following ways:
1. Posting the updated Terms on the Zanopy AI website.
2. Sending email notifications to the email address associated with your account.
3. In-platform notifications upon login.
4. Public announcements where legally required.
18.4 Effective Date of Changes
• Unless otherwise stated, amendments become effective on the date they are published on the Zanopy AI website.
• For material changes (e.g., changes affecting payment terms, dispute resolution, or licenses), Zanopy AI will provide at least [30 days’] notice before enforcement, unless immediate changes are required by law.
18.5 Notices from Customer to Zanopy AI
• Any legal notices or formal communications you send to Zanopy AI must be:
1. In writing.
2. Sent via registered mail, courier, or email to the contact details provided in Section 20 (Contact).
• Notices will be deemed received:
a. 7 business days after mailing (if sent by registered mail or courier).
b. 24 hours after transmission (if sent by email and no bounce-back is received).
18.6 Electronic Communications
• You consent to receiving communications from Zanopy AI electronically, including agreements, disclosures, notices, and updates.
• Such electronic communications shall satisfy any legal requirement for written communication.
19. Miscellaneous Provisions
19.1 Entire Agreement
• These Terms, along with all incorporated policies and annexures (Privacy Policy, Acceptable Use Policy, Content License Agreement, Data Processing Addendum, and Cookie Policy), constitute the entire agreement between you and Zanopy AI regarding the Services.
• They supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral.
19.2 Severability
• If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall continue in full force and effect.
• Any invalid provision shall be modified or interpreted to the minimum extent necessary to make it valid and enforceable.
19.3 No Waiver
• Failure by Zanopy AI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• A waiver shall only be effective if made in writing and signed by an authorized representative of Zanopy AI.
19.4 Assignment
• You may not assign, transfer, or delegate your rights or obligations under these Terms without Zanopy AI’s prior written consent.
• Any attempted assignment in violation of this Section shall be void.
• Zanopy AI may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
19.5 Relationship of Parties
• Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Zanopy AI.
• You agree that you are an independent user of the Services and have no authority to bind Zanopy AI in any manner.
19.6 Force Majeure
• Zanopy AI shall not be liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to:
1. Natural disasters, floods, fires, earthquakes, or pandemics.
2. Acts of terrorism, war, riots, or civil disturbances.
3. Power outages, internet failures, or disruptions in telecommunications.
4. Labor disputes, strikes, or shortages of materials.
5. Government regulations, sanctions, or restrictions.
• Performance shall be suspended for the duration of the force majeure event, and Zanopy AI shall resume obligations once practicable.
19.7 Interpretation
• Headings in these Terms are for convenience only and shall not affect interpretation.
• References to “including” or “such as” shall mean “including without limitation.”
• Any ambiguities shall not be construed against Zanopy AI as the drafter.
19.8 Survival
• The following provisions shall survive expiration or termination of these Terms:
a. Intellectual Property Rights (Section 7),
b. Acceptable Use (Section 8),
c. AI-Specific Terms (Section 9),
d. Privacy & Data Protection (Section 10),
e. Warranties & Disclaimers (Section 13),
f. Limitation of Liability (Section 14),
g. Indemnification (Section 15),
h. Governing Law & Dispute Resolution (Section 17),
i. Miscellaneous Provisions (this Section).
20. Contact Information
20.1 General Inquiries
If you have questions regarding these Terms, the Services, or Deliverables, you may contact Zanopy AI using the details below.
• Company Name: Zanopy AI
• Legal Department: Contracts & Compliance Division
• Email: [email address]
• Postal Address: [registered office address]
• Telephone: [helpline number]
20.2 Legal Notices
• All legal notices, demands, or correspondence relating to disputes, arbitration, or compliance must be addressed in writing to the Zanopy AI Legal Department.
• Notices shall be deemed received when:
a. Delivered by registered post or courier (7 business days after dispatch).
b. Delivered by email (24 hours after transmission without bounce-back).
20.3 Data Protection Inquiries
• If you wish to exercise your rights under applicable data protection laws (e.g., GDPR, CCPA), you may submit a request to: Email:email address] Subject Line: “Data Privacy Request – [Your Name/Account ID]”
Zanopy AI will respond to such requests within the timeframes required by law.
20.4 Security Issues
• Security-related concerns (such as suspected breaches, vulnerabilities, or misuse of Deliverables) must be reported immediately to: Email: email address]
• Zanopy AI may request supporting evidence to investigate and take remedial action.
20.5 Governing Contact Language
• Communications with Zanopy AI must be in English unless otherwise specified.
• Translations provided by Zanopy AI are for convenience only; the English version shall prevail in case of conflict.
Annexure A: Content License Agreement
This Content License Agreement (“License Agreement”) forms an integral part of the Terms and Conditions of Zanopy AI and governs your use of content made available or generated through the Services, including stock materials, templates, and AI-generated Deliverables.
A.1 Definitions
For the purposes of this License Agreement:
1. “Licensed Content” means all templates, stock images, stock video, stock audio, fonts, graphics, or other creative assets provided by or through Zanopy AI.
2. “AI-Generated Content” means outputs (text, images, videos, or other media) generated by Zanopy AI’s proprietary artificial intelligence systems.
3. “Deliverables” means final creative materials produced for you by Zanopy AI using Customer Content, Licensed Content, and/or AI-Generated Content.
4. “Customer Content” has the meaning set out in Section 6 of the Terms.
A.2 License Grant
Subject to your compliance with the Terms and this License Agreement, Zanopy AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to use Deliverables as follows:
• Internal Business Use: Deliverables may be used for your internal business purposes, marketing, advertising, and promotional activities.
• Commercial Use : You may publish Deliverables on your websites, social media accounts, advertisements, and physical marketing materials.
• Non-Transferability : You may not resell, sublicense, redistribute, or otherwise transfer Deliverables to third parties without prior written consent from Zanopy AI.
A.3 Restrictions
You agree that you shall not:
1. Claim authorship or ownership of Licensed Content or AI-Generated Content apart from the limited license granted herein.
2. Use Deliverables in connection with unlawful, defamatory, obscene, hateful, or infringing purposes.
3. Extract or reuse templates, AI models, or stock materials separately from Deliverables.
4. Represent Deliverables as created without AI assistance if disclosure is legally required.
5. Train or attempt to train competing artificial intelligence models using Deliverables.
A.4 Licensed Content (Templates, Stock, Fonts, etc.)
Third-Party Licenses: Certain Licensed Content is sourced from third-party providers and is subject to their licensing terms. Your rights are limited to what those licenses permit.
Editorial Restrictions: Some Licensed Content may be designated “Editorial Use Only” (e.g., celebrity images, branded logos). Such content may not be used in commercial advertising without proper clearance.
No Standalone Use: Licensed Content may not be used independently of Deliverables. For example, you cannot download a stock image from a Deliverable and reuse it elsewhere without authorization.
A.5 AI-Generated Content
1. No Guarantee of Originality: AI-Generated Content may resemble third-party works, and Zanopy AI makes no warranties regarding uniqueness or freedom from infringement claims.
2. Responsibility of Customer: You are solely responsible for verifying the suitability, accuracy, and legal compliance of AI-Generated Content before using it commercially.
3. License to Use: Subject to the restrictions herein, you may use AI-Generated Content included in Deliverables for business marketing purposes.
4. Attribution: Zanopy AI may, but is not obligated to, require attribution where legally or contractually necessary (e.g., when third-party stock is involved).
A.6 Reservation of Rights
• Except for the limited license expressly granted, all rights, title, and interest in Licensed Content, AI-Generated Content, and Deliverables remain with Zanopy AI and its licensors.
• Zanopy AI reserves the right to revoke licenses in the event of breach of the Terms or this License Agreement.
A.7 Termination of License
• The license granted under this Annexure automatically terminates upon:
1. Violation of the Terms or this License Agreement.
2. Failure to pay for Services in full.
3. Termination of your account under Section 16 of the Terms.
• Upon termination, you must cease use of Deliverables containing Licensed Content and AI-Generated Content.
A.8 Indemnification for Content Use
You agree to indemnify and hold harmless Zanopy AI from any claims, damages, or liabilities arising from your misuse of Licensed Content, AI-Generated Content, or Deliverables.
Annexure B: Data Processing Addendum (DPA)
This Data Processing Addendum (“DPA”) forms an integral part of the Terms and Conditions of Zanopy AI and applies where Zanopy AI processes Personal Data on behalf of the Customer in connection with the Services.
B.1 Definitions
1. “Personal Data” means any information relating to an identified or identifiable natural person, as defined by GDPR, CCPA, or other applicable laws.
2. “Controller” means the Customer who determines the purposes and means of processing Personal Data.
3. “Processor” means Zanopy AI, which processes Personal Data on behalf of the Controller.
4. “Sub-Processor” means any third party engaged by Zanopy AI to process Personal Data.
5. “Applicable Data Protection Laws” include GDPR (EU), CCPA (California), UK Data Protection Act, and any similar laws globally.
B.2 Roles and Responsibilities
1. The Customer is the Controller of Personal Data.
2. Zanopy AI is the Processor and shall process Personal Data only in accordance with documented instructions from the Controller.
3. The Controller warrants that it has obtained all necessary consents and legal bases for processing Personal Data through the Services.
B.3 Purpose of Processing
Zanopy AI processes Personal Data strictly for the following purposes:
• Delivering Services and generating Deliverables.
• Maintaining account functionality.
• Processing payments and fraud prevention.
• Customer support and communication.
• Compliance with legal obligations.
B.4 Sub-Processing
1. The Controller authorizes Zanopy AI to engage Sub-Processors for service delivery, such as hosting providers, payment processors, and analytics vendors.
2. Zanopy AI will ensure Sub-Processors are bound by written agreements imposing data protection obligations equivalent to this DPA.
3. A list of Sub-Processors is available upon request and may be updated from time to time.
B.5 International Data Transfers
1. Personal Data may be transferred to jurisdictions outside the Customer’s country, including the United States, EU, or Asia.
2. Where required by law, Zanopy AI will ensure adequate safeguards (e.g., EU Standard Contractual Clauses, UK IDTA) are in place for such transfers.
B.6 Security Measures
Zanopy AI shall implement appropriate technical and organizational measures to protect Personal Data, including:
• Encryption in transit and at rest.
• Access control and authentication.
• Network monitoring and intrusion detection.
• Regular vulnerability testing.
B.7 Data Subject Rights
1. Zanopy AI shall, to the extent legally permissible, assist the Controller in fulfilling requests from data subjects, including:
• Right of access, rectification, and erasure.
• Right to restrict or object to processing.
• Right to data portability.
2. Requests must be submitted by the Controller to Zanopy AI in writing.
B.8 Data Breach Notification
1. In the event of a Personal Data Breach, Zanopy AI shall notify the Controller without undue delay.
2. Such notice will include information reasonably available about the breach, mitigation steps, and corrective actions taken.
B.9 Data Retention and Deletion
1. Upon termination of Services, Zanopy AI shall delete or return Personal Data in its possession, except where retention is required by law.
2. Backups containing Personal Data will be securely deleted in accordance with standard retention cycles.
B.10 Audit Rights
1. Upon reasonable request, the Controller may audit Zanopy AI’s compliance with this DPA, subject to:
• Reasonable advance notice.
• Non-disruption of Zanopy AI’s operations.
• Confidentiality obligations.
2. Audits may be conducted by the Controller or a mutually agreed independent third-party auditor.
B.11 Liability and Indemnification
1. The Controller shall indemnify and hold harmless Zanopy AI from liability arising out of the Controller’s failure to obtain proper consents or comply with Applicable Data Protection Laws.
2. Zanopy AI’s liability under this DPA is subject to the limitation of liability provisions set forth in Section 14 of the Terms.
B.12 Survival
This DPA shall survive termination of the Services to the extent required for Zanopy AI to comply with Applicable Data Protection Laws.
Annexure C: Acceptable Use Policy (AUP)
This Acceptable Use Policy (“AUP”) is incorporated into the Terms and Conditions of Zanopy AI. It sets forth prohibited activities and governs how customers may use the Services and Deliverables.
C.1 Purpose of the AUP
The purpose of this AUP is to ensure that the Services are used in a lawful, ethical, and responsible manner. Any violation of this AUP constitutes a breach of the Terms and may result in immediate suspension or termination of your account without refund.
C.2 General Prohibitions
You shall not use the Services or Deliverables to:
1. Violate any applicable law, regulation, or contractual obligation.
2. Infringe or misappropriate intellectual property, trade secrets, or privacy rights of third parties.
3. Publish or transmit defamatory, libelous, misleading, or fraudulent material.
4. Harass, threaten, abuse, or discriminate against individuals or groups.
6. Disseminate obscene, pornographic, or indecent content.
7. Engage in spamming, phishing, or deceptive marketing practices.
C.3 Security Prohibitions
You may not:
• Introduce viruses, malware, ransomware, or harmful code into the Services.
• Attempt to hack, probe, scan, or test the vulnerability of Zanopy AI’s systems.
• Circumvent authentication, encryption, or access controls.
• Interfere with or disrupt network operations, servers, or databases.
• Use bots, scrapers, or automated systems to overload the Services.
C.4 Prohibited Business Uses
Unless expressly authorized in writing, Deliverables may not be used in connection with:
1. Gambling, betting, or lotteries.
2. Pornographic or adult entertainment industries.
3. Sale or promotion of tobacco, vaping, alcohol, recreational drugs, or controlled substances.
4. Firearms, weapons, ammunition, or explosives.
5. Political campaigning, extremist propaganda, or religious extremism.
6. Any business subject to international sanctions, embargoes, or restricted trade laws.
C.5 Restrictions on Deliverables
You may not:
• Resell, sublicense, or redistribute Deliverables without Zanopy AI’s consent.
• Modify Deliverables in a way that misrepresents them as wholly human-authored when AI involvement must be disclosed by law.
• Use Deliverables as training data for competing AI systems.
• Extract or disassemble templates, stock assets, or AI components from Deliverables for standalone use.
C.6 Fair Use of Services
• You must not use the Services in a manner that places unreasonable burden on Zanopy AI’s infrastructure.
• Excessive or abusive requests, bulk generation beyond agreed limits, or fraudulent activities may result in suspension.
C.7 Enforcement Rights
Zanopy AI reserves the right to:
1. Monitor usage to detect violations of this AUP.
2. Remove, block, or delete Deliverables or Customer Content that violate this AUP.
3. Suspend or terminate your account immediately, without notice or refund, for violations.
4. Report unlawful activity to regulators, law enforcement, or other authorities.
C.8 Indemnification
You shall indemnify and hold harmless Zanopy AI from any claims, damages, or liabilities arising from your violation of this AUP.
C.9 No Waiver
Failure by Zanopy AI to enforce any provision of this AUP shall not constitute a waiver of its rights to enforce such provision in the future.
D.1 Types of Cookies We Use
Zanopy AI uses the following categories of cookies:
1. Strictly Necessary Cookies
• Essential for operating the Services (e.g., authentication, session management).
• Without these cookies, certain features may not function.
2. Performance & Analytics Cookies
• Collect information on how you use the Services (e.g., most visited pages, error messages).
• Used to improve functionality and optimize performance.
3. Functionality Cookies
• Remember user preferences (e.g., language, region, template selections).
• Enhance personalization of Deliverables.
4. Targeting & Advertising Cookies
• Used to deliver relevant advertisements and measure campaign effectiveness.
• May involve third-party ad networks (subject to their own privacy policies).
D.2 Third-Party Cookies
• Certain cookies may be set by third-party providers (e.g., analytics services, ad networks, or content delivery networks).
• Zanopy AI does not control these cookies and is not responsible for third-party practices.
• Use of third-party cookies is subject to their respective privacy and cookie policies.
D.3 Cookie Consent
• By using the Services, you consent to the placement of cookies on your device as described herein.
• Where legally required (e.g., under GDPR), we will request your explicit consent before using non-essential cookies.
D.4 Managing Cookies
• You can manage or disable cookies through your browser settings.
• Please note that disabling cookies may limit your ability to use certain features of the Services.
• Instructions for cookie management can typically be found under the “Settings” or “Preferences” section of your browser.
D.5 Do Not Track (DNT) Signals
• Some browsers include a “Do Not Track” feature.
• At present, Zanopy AI does not respond to DNT signals due to lack of industry consensus.
D.6 Retention of Cookie Data
• Cookies may remain on your device for varying periods:
a. Session cookies expire once you close your browser.
b. Persistent cookies remain until deleted manually or upon expiration.
D.7 Updates to Cookie Policy
• Zanopy AI may update this Cookie Policy from time to time to reflect changes in technology, law, or business practices.
• Updates will be posted on the Zanopy AI website, and continued use of Services constitutes acceptance of the updated policy.