This website located at www.zeplyn.ai (the “Site“) and the products and services (“Services”) delivered to customers (collectively, with the Site, the “Services”) is owned by DeepInsights AI Inc. (“We”, “Us” or “Company”). These Terms of Use (“Terms“) set forth the legally binding terms and conditions between the Company and all users (“You” or “Customer”) for your use of the Services.
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YOUR USE OF AND ACCESS TO OUR WEBSITE AND SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS BETWEEN COMPANY AND YOU FOR YOUR USE OF THE SERVICES. BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, IF ONE WAS PROVIDED, OR IN THE CASE OF WEBSITE BROWSERS, BY ACCESSING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TERMS”).
 
We may amend the Terms at any time by posting the amended terms on the Site and you can review the most current version of these Terms at any time. BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, please do not access or use the Services.

Information that is collected during your use of the Site is subject to the Company Privacy Policy, which is incorporated herein by reference.

“Output” means the generated results provided by the Services in response to User Content.
 
User means all visitors and users of our Services.
 
User Client means the customers of our Services.
 
User Content means the content, including text, photos, audio, video, contact information, calendar entries, and any other materials that our User Clients allow us to access in order to provide the Services. If you are just browsing our Site, any reference to User Content does not affect you.

When you visit the Site or send e-mails to us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

All content, as well as the design, layout and materials, provided on this Site and in the Services are owned by or licensed to the Company and/or its affiliates (the “Site Content”) and is protected by United States and international copyright laws. The Company and its licensors retain all proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted, modified, copied, downloaded, sold, distributed or otherwise exploited, in whole or in part, without the express, prior written consent of the Company.
 
“Company Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations the Company uses in connection with its Services. You shall not copy, display or use any Company Trademarks, without the Company’s prior written consent. You are not permitted to incorporate any Company Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, nor shall you co-brand your own Services or material with Company Trademarks. You acknowledge the Company’s rights in the Company Trademarks and agree that any use of the Company Trademarks by you shall insure to the Company’s sole benefit.
 
Some of the Site Content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site and in the Services are the trademarks, service marks, or logos of their respective owners. The Company makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party content and the Company does not control the quality, safety or accuracy of such content thereof.
 
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to any Company or third party intellectual property rights in and to the Services, whether by estoppel, implication, or otherwise.
 
Our Betas Are Still In Beta. We may release Services and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as launched Services.

Your User Content Stays Yours. User Clients of the Services will provide us with User Content. Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. When you provide User Content via the Services, you grant the Company (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, host, store, reproduce, modify, copy and create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better in the Services), the User Content for the purposes of allowing us to provide, improve, and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
 
The Services may utilize, record and store User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; € that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You’re responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Services.
 
Our Services may include extensions which enables you to access and connect certain Third Party Services (such as Zoom). You decide (not us) to connect, enable or use such Third Party Services. We’re not a party to, and we aren’t liable for, the Third Party Services connected to Your business or otherwise. In accordance with this section the relationship for these Third Party Services is strictly between you and the applicable third party, and your use of such Third Party Services is governed by the applicable third party terms and policies. Any information that a Third Party Service collects, stores and processes from you will be subject to such Third Party Service’s terms of service, privacy notice, or similar terms, and will not be subject to our Privacy Policy or agreements. Therefore, please evaluate and ensure you trust a Third Party Service prior to connecting to any third party services. The inclusion of Third Party Services shall not be deemed an endorsement, certification, affiliation, partnership or warranty of the Third Party Services by the Company. The Third Party Services are solely responsible for providing all support, maintenance and technical assistance to you with respect to their services (including their interoperation with our Services).

You agree that you shall NOT:

6.1 You represent and warrant that you own all rights to your User Content or otherwise have obtained (and will continue to have) all rights and permissions necessary to use, share, and license your User Content via the Services and in the manner set forth in this Agreement. If we use your User Content in the ways described in this Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights You have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Content. You will be responsible for any claims relating to any User Content, including claims that User Content violates the rights of another. We reserves the right to remove any User Content that creates a risk, as determined by Us in our sole discretion. You agree that We have no responsibility or liability for the deletion or failure to store User Content and other communications maintained or transmitted. We may access, use, preserve, or disclose account information and user User Content if legally required to do so or on a good faith belief that such access, use, preservation, or disclosure is reasonably necessary to comply with legal process or request; to enforce these Terms; to detect or prevent fraud, security, or technical issues; or to protect the rights, property or safety, its users, or the public as permitted by law.
 
Follow the Law. You represent and warrant that your use of the Services is in compliance with applicable laws, including without limitation applicable export or import controls and regulations and privacy or data protection laws.
 
HIPAA Enabled Accounts. If your use of the Services requires you to comply with industry-specific regulations applicable to such use, such as HIPAA, you will be solely responsible for such compliance, except to the extent the Company has agreed with you in writing otherwise. You are not permitted to use the Services in any way that would subject the Company to such industry-specific regulations without obtaining the Company’s prior written agreement. For example, you may not use any Services to collect, use, disclose, protect or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under US federal regulations) unless your Account for such Services is designated as HIPAA-enabled and you enter into a separate business agreement with the Company.
 
California Consumer Privacy Act. With respect to the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 – 1798.199), as may be modified from time to time (collectively, “CCPA”), solely if applicable to you and solely with respect to data of your “Consumers” (as defined under the CCPA) which meets the definition of “Personal Information” under the CCPA and for which you are responsible under the CCPA (“Service Company PI”), the parties agree that the Company acts as a “Service Company” for User Content and you are a “Business” (as such terms are defined under the CCPA). Notwithstanding the foregoing, you agree that in accordance with the CCPA, the Company may: (a) use Service Company PI internally to build and improve the quality of the Services; or (b) use Personal Information for the purposes of detecting data security incidents or protecting against fraudulent or illegal activity.

THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE AND THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
 
IN NO EVENT WHATSOEVER SHALL THE COMPANY OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Please do not send Us any material that you believe is confidential or proprietary or for which you expect to receive consideration or compensation in any form. By submitting material to the Company, you acknowledge that such material is neither confidential nor proprietary, and you waive the right to receive compensation of any kind for the material. Any material, information or idea you transmit to the Company will be treated as non-confidential and non-proprietary and the Company will be free to copy, disclose, distribute, incorporate and otherwise use any such submission for any and all

commercial and non-commercial purposes. We do not accept submissions of business plans or ideas through this Site.

You agree to indemnify and hold the Company and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand made and all associated costs, damages and liabilities, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your violation of any terms or conditions of these Terms, your violation of applicable laws, or your violation of the rights of any other person or entity.

These Terms shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. You agree that the exclusive venue for all litigation regarding or arising out of these Terms shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established Company that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class actions or collective arbitrations even if the arbitration procedures or rules would. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

In the event that one or more portions of these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. No delay or failure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. These Terms and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire integrated agreement between the Company and you pertaining to the subject matter hereof. The Company may amend or modify these Terms or any other documents referenced herein at any time by posting such modifications on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Services shall constitute your acceptance of any modified terms and conditions.
 
The Services are operated by the Company in the United States. DeepInsights AI Inc., located at 500 W 56th Street, New York, NY 10019