Terms of Service

Welcome to Zerg AI. These Terms of Service ("Terms") govern your access to and use of the Zerg AI platform, including our AI-powered software development services, AI assistants, SMS/MMS messaging services, and any related services (collectively, the "Services") provided by Epoch AI, Inc. ("Epoch AI," "Zerg AI," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Account Registration

To use certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

3. Description of Services

Zerg AI provides AI-powered software development tools and personal AI assistants that can:

• Generate, analyze, and modify code autonomously
• Integrate with your development environment and repositories
• Communicate with you via web interface, API, or SMS/MMS messaging
• Perform tasks and execute actions on your behalf within defined parameters
• Provide scheduling, reminders, and personal assistance functionality

The Services are provided "as is" and may be modified, updated, or discontinued at our discretion.

5. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Generate malicious code, malware, or security exploits
• Attempt to gain unauthorized access to our systems or other users' accounts
• Send spam, phishing messages, or unsolicited communications
• Harass, threaten, or harm others
• Generate content that is illegal, harmful, fraudulent, or deceptive
• Circumvent usage limits, rate limiting, or access controls
• Reverse engineer, decompile, or attempt to extract our source code
• Resell or redistribute the Services without authorization
• Use the Services in a way that could damage, disable, or impair our infrastructure

7. Intellectual Property

Our Intellectual Property

The Services, including all software, algorithms, user interfaces, designs, and documentation, are owned by Epoch AI and protected by intellectual property laws. You may not copy, modify, or create derivative works of our Services except as expressly permitted.

Your Content

You retain ownership of any code, data, or content you provide to or create using the Services ("Your Content"). You grant us a limited license to use Your Content solely to provide and improve the Services.

Generated Output

Subject to these Terms and your subscription agreement, you own the code and content generated by our AI assistants on your behalf. You are responsible for reviewing and validating all generated output before use in production environments.

Third-Party Intellectual Property

8. Payment Terms

Certain features of the Services require payment. You agree to:

• Pay all fees associated with your selected subscription and pricing SKU
• Provide accurate and complete billing information
• Authorize recurring charges for subscription services

Fees are non-refundable except as required by law or as explicitly stated in our refund policy. We may change our pricing with 30 days' notice.

9. Disclaimers

We do not warrant that:

• The Services will be uninterrupted, error-free, or secure
• AI-generated output will be accurate, complete, or fit for any particular purpose
• AI-generated code will be free of security vulnerabilities, bugs, or defects
• Defects will be corrected or that the Services are free of viruses

Security Disclaimer

You are solely responsible for reviewing, testing, and validating any code or content generated by the Services before deployment.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Epoch AI and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or any output you deploy using the Services

12. Termination

You may terminate your account at any time through your account settings or by contacting us. We may suspend or terminate your access to the Services at any time, with or without cause or notice, including for violation of these Terms.

Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

14. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the updated Terms.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Epoch AI regarding the Services.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.
• Waiver: Our failure to enforce any provision shall not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
• Force Majeure: We shall not be liable for delays or failures resulting from circumstances beyond our reasonable control.