Global Terms of Service

1. Definitions & Interpretations

In these Global Terms of Service, the following terms shall have the specific meanings defined below:

1. "ZIGZEX", "We", "Us", or "Our" refers to ZIGZEX IT SERVICES PRIVATE LIMITED, a conglomerate registered and operating under the laws of India, including its respective divisions (Software Development, Aerospace Research, Digital Commerce, and Academy OS).
2. "Client", "You", or "Your" refers to the individual, corporate entity, educational institution, or government body accessing or utilizing the Services.
3. "Services" collectively refers to all software platforms, SaaS applications, ERP systems, Unmanned Aerial Vehicles (UAVs), digital marketplaces, APIs, and associated infrastructure provided by ZIGZEX.
4. "Client Data" means all text, sound, video, image files, software, or other information provided by the Client to ZIGZEX during the use of the Services.
5. "Order Form" or "MSA" refers to the specific Master Services Agreement, Statement of Work (SOW), or digital subscription checkout form executed between the Client and ZIGZEX.

2. Acceptance of Terms

By executing an Order Form, registering for an account, deploying our APIs, or otherwise accessing any of our Services, you agree to be bound by these Terms, alongside our Global Privacy Policy and any applicable Service Level Agreements (SLAs).

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept this agreement and may not use the Services.

ZIGZEX reserves the right to modify these Terms at any time. Material changes will be communicated via email or through an administrative alert within your dashboard with a 30-day notice period prior to the changes taking effect.

3. Software & SaaS Subscriptions

This section governs the use of custom mobile applications, enterprise web platforms, and cloud architecture provided by the ZIGZEX Software Development Division.

1. Provision of Services: ZIGZEX will make the SaaS platforms available to the Client pursuant to these Terms and the applicable Order Form. We guarantee a 99.99% Uptime SLA for core cloud infrastructure, barring scheduled maintenance windows.
2. License Grant: Subject to your compliance with these Terms and payment of all applicable fees, ZIGZEX grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the SaaS platforms for your internal business operations.
3. Restrictions: You shall not (a) reverse engineer, decompile, or disassemble the software; (b) modify or create derivative works based on the Services; (c) bypass or breach any security device or protection used by the Services; or (d) access the Services to build a competitive product.
4. AI & Automation: Our platforms may utilize predictive analytics and AI engines. ZIGZEX does not guarantee the absolute accuracy of predictive outputs, and such outputs should be used as decision-support tools, not definitive directives.

4. Digital Commerce & Marketplaces

This section applies to entities utilizing our Digital Commerce Ecosystems, including Premium Fashion Marketplaces and Farmer-to-Consumer Organic networks.

1. Vendor Obligations: Vendors utilizing our multi-vendor integration engines are solely responsible for the legality, quality, and fulfillment of the physical goods listed on the platform. ZIGZEX provides the infrastructure but does not take title to the goods.
2. Escrow & Financial Processing: ZIGZEX acts as a technical intermediary. Payments processed through our secure vaults (via Stripe/PayPal integrations) may be held in vendor escrow subject to delivery confirmation and automated deduction of platform commission fees.
3. Prohibited Goods: Vendors are strictly prohibited from listing counterfeit items, illegal substances, unauthorized pharmaceuticals, or any products violating local or international trade laws.
4. Retail Media Network: Bidding for sponsored listings within our commerce ecosystem is subject to dynamic CPC pricing. ZIGZEX does not guarantee specific conversion rates resulting from sponsored placements.

5. Aerospace & UAV Operations

Given the physical and regulatory complexities of unmanned aerial systems, specific provisions apply to the ZIGZEX Aerospace Research Division.

1. Operational Boundaries: UAVs provided by ZIGZEX are programmed with geofencing software to prevent entry into restricted airspace (e.g., airports, military installations). The Client shall not attempt to override these hardcoded safety limits.
2. Weather & Force Majeure: ZIGZEX is not liable for drone failure, data loss, or physical damage resulting from deployment in severe weather conditions outside the specified operational parameters of the hardware.
3. Data Capture: Drones utilized for GIS mapping or smart surveillance must be operated in accordance with local privacy laws. The Client bears the burden of notifying subjects of aerial surveillance where legally required.

6. Zigzex Academy OS

The Academy OS is our specialized Smart School Operating System. We acknowledge the sensitive nature of educational ecosystems.

1. Institutional Responsibility: The educational institution acts as the Data Controller. The institution is responsible for obtaining necessary parental or guardian consents before provisioning student accounts on the platform.
2. FERPA & COPPA Compliance: ZIGZEX designs the Academy OS in alignment with the Family Educational Rights and Privacy Act (FERPA) and the Children's Online Privacy Protection Act (COPPA). We do not monetize student profiles or serve targeted advertising within the OS.
3. Access Controls: Administrative personnel of the institution are responsible for properly assigning Role-Based Access Controls (RBAC) to ensure teachers, parents, and students only access appropriate data sets.

7. Accounts, Security & Zero-Trust

ZIGZEX implements a Zero-Trust architecture across all divisions. You are responsible for all activities that occur under your accounts.

• Credential Confidentiality: You must maintain the strict confidentiality of your administrative passwords and API keys. ZIGZEX will never request your password via email or phone.
• Multi-Factor Authentication: MFA is mandatory for all administrative and developer access levels. Bypassing MFA through undocumented API calls constitutes a material breach of these Terms.
• Security Audits: ZIGZEX conducts automated vulnerability scanning. However, if a Client discovers a potential security flaw, they must report it to our security team immediately and refrain from exploiting the vulnerability.

8. Intellectual Property Rights

The relationship between ZIGZEX and the Client regarding intellectual property is clearly delineated:

1. ZIGZEX IP: ZIGZEX retains all rights, title, and interest in and to the Services, including all source code, machine learning models, UI/UX designs, drone aerodynamics schematics, and underlying methodologies. No ownership rights are transferred to you under these Terms.
2. Client Data: You retain all rights, title, and interest in your Client Data. You grant ZIGZEX a worldwide, limited-term license to host, copy, transmit, and display your Client Data strictly as necessary for us to provide the Services.
3. Feedback: Any suggestions, enhancement requests, or feedback provided by you regarding the Services becomes the property of ZIGZEX, and we may incorporate such feedback into our products without compensation or attribution.

9. Data Processing & Privacy

Our data collection and processing practices are governed by our Global Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to the processing of your data as outlined in the Privacy Policy, including the cross-border transfer of data to our secure cloud clusters if necessary.

10. Acceptable Use Policy (AUP)

To ensure the integrity of our enterprise ecosystem, you agree NOT to:

• Use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material.
• Use the Services to store or transmit malicious code, viruses, or ransomware.
• Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
• Attempt to gain unauthorized access to the Services, associated systems, or other tenants' data environments.
• Use the Services to conduct any form of network stress testing (e.g., DDoS) without prior written authorization from ZIGZEX engineering.

11. Fees, Billing, & Taxes

Unless a custom Master Services Agreement dictates otherwise, the following billing terms apply to SaaS and Commerce subscriptions:

1. Payment: You will pay all fees specified in the Order Form. Payment obligations are non-cancelable, and fees paid are non-refundable except as explicitly stated in these Terms.
2. Invoicing: Subscription fees are billed in advance on a monthly or annual cadence. Overages (e.g., exceeding API call limits or active user caps) will be billed in arrears on the next billing cycle.
3. Taxes: Our fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes. You are responsible for paying all Taxes associated with your purchases.
4. Suspension for Non-Payment: If any undisputed charge is 30 days or more overdue, ZIGZEX reserves the right to suspend Services until such amounts are paid in full.

12. Warranties & Disclaimers

13. Limitation of Liability

14. Term, Termination & Suspension

1. Term: This Agreement commences on the date you first accept it and continues until all subscriptions granted in accordance with this Agreement have expired or been terminated.
2. Termination for Cause: Either party may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency.
3. Data Portability upon Termination: Upon request made within 30 days after the effective date of termination, ZIGZEX will make your Client Data available to you for export or download. After such a 30-day period, ZIGZEX will have no obligation to maintain or provide any Client Data and will subsequently delete all copies.

15. Governing Law & Dispute Resolution

These Terms, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of Andhra Pradesh, India, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The seat and venue of arbitration shall be Tirupati, Andhra Pradesh, India. The language to be used in the arbitral proceedings shall be English.