Terms of Use
MyZone Labs Ltd. Terms of Use.
Last updated: June 21, 2023
These Terms of Use apply when you use the services of MyZone Labs Ltd. (the "Site", "we", "us", or "our") including our application programming interface, software, tools, widgets, chatbot services, developer services, data, documentation, and websites ("Services"). By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.
1. Registration and Access
You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others outside your organization, and you are responsible for all activities that occur using your credentials.
2. Usage Requirements
You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.
You may not misuse the Services, nor may you help anyone else to do so. You agree not to, and will not assist, encourage, or enable others to use the Services to:
- Violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Violate any applicable law.
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
3. Content
You may provide input to the Services ("Input"), and receive output generated by third-party Artificial intelligence and machine learning Services and returned by the Services based on the Input ("Output"). Input and Output are collectively "Content". As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, MyZone Labs Ltd. hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. MyZone Labs Ltd. may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.
Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output. Responses that are requested by and generated for other users are not considered your Content.
We may use Content from Services to help develop and improve our Services.
Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
4. Fees and Payments
You will pay all fees charged to your account ("Fees") according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize MyZone Labs Ltd. and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. Payments are nonrefundable except as provided in this Agreement. If you want to dispute any Fees, please contact info@myzone.com within thirty (30) days of the date of the disputed invoice
We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 7 days after they are posted, except for increases made for legal reasons or increases made to Beta and Experimental Services.
5. Confidentiality, Security and Data Protection
You may be given access to Confidential Information of MyZone Labs Ltd., its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that MyZone Labs Ltd. or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information.
You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact MyZone Labs Ltd. and provide details of the vulnerability or breach.
6. Term and Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all Fees due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms which by their nature should survive termination or expiration should survive, including but not limited to Sections 3 and 5-8.
7. Indemnification; Disclaimer of Warranties; Limitations on Liability
You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.
Disclaimer: THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
Limitations of Liability: NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. General Terms
These Terms do not create a partnership, joint venture or agency relationship between you and MyZone Labs Ltd. or any of MyZone Labs Ltd.’s affiliates. MyZone Labs Ltd. and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
You may not use MyZone Labs Ltd.’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
If you do not comply with these Terms, and MyZone Labs Ltd. does not take action right away, this does not mean MyZone Labs Ltd. is giving up any of our rights. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and MyZone Labs Ltd. regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and MyZone Labs Ltd. on that subject.
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
9. Contact Information
Questions about the Terms should be sent to us at info@myzone.com
Our contact information is posted below:
MyZone Labs Ltd.
info@myzone.com
704-73 Water Street, Vancouver, BC, V6B1A1
Canada