Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you and Zephyr Industries, Inc. ("Company") governing your access to and use of the Spatialeap website and its associated services (collectively, "Service"). By accessing or using our Service, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use our Service.

Effective Date: [Insert Date]

2. Acceptance of Terms

By accessing or using our Service, you represent and warrant that you have the legal capacity to enter into a binding agreement. Your continued use of the Service after any modifications to the Terms constitutes acceptance of the revised terms.

3. Definitions

  • Intellectual Property Rights: All rights in and to the Service and its contents, including but not limited to copyrights, trademarks, patents, and trade secrets.
  • User-Generated Content: Any data, text, software, music, sound, photographs, graphics, video, messages, or other materials created and uploaded by users to the Service.
  • Third-Party Services: Any services, content, or functionality provided by third parties that may be accessed through the Service.

4. Description of Service

Spatialeap provides a platform for users to create AI avatars with customizable personalities. These avatars can interact with other avatars within the platform according to the personalities defined by their creators. The Company reserves the right to modify, suspend, or discontinue the Service at any time without prior notice. The Service is provided on an "as-is" and "as available" basis, without warranties of any kind.

5. User Responsibilities

  • Compliance with Laws: You agree to comply with all applicable laws and regulations when using the Service.
  • Non-Interference: You shall not engage in any activity that may interfere with or disrupt the Service or servers connected to the Service.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and promptly notifying the Company of any unauthorized use.

6. Intellectual Property

  • Company's Rights: The Company retains all intellectual property rights in the Service and its contents, including but not limited to copyrights, trademarks, and patents.
  • License to User-Generated Content: By submitting User-Generated Content to the Service, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.
  • Third-Party Content: You are solely responsible for obtaining necessary permissions and licenses for any third-party content used within the Service.

7. Privacy and Data Protection

Your privacy is important to us. Personal information collected through our Service will be used and disclosed in accordance with our Privacy Policy.

8. Account Security

You are responsible for safeguarding your account credentials and promptly notifying the Company of any suspected unauthorized use. The Company shall not be liable for any loss or damage resulting from your failure to safeguard your account.

9. Prohibited Activities

  • Using the Service to harass, defame, or infringe upon the rights of others.
  • Reverse engineering, decompiling, or attempting to derive the source code of the Service.
  • Circumventing security-related features of the Service.

10. Service Modifications and Termination

The Company reserves the right to modify, suspend, or terminate user accounts at its sole discretion, with or without notice. Upon termination, your right to use the Service will cease immediately.

11. Limitation of Liability

In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use of the Service. The Company's total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount paid by you, if any, for accessing the Service during the preceding twelve (12) months.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, agents, partners, and licensors from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your breach of these Terms or any applicable laws.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive your right to participate in a class action lawsuit or class-wide arbitration.

14. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Zephyr Industries, Inc. regarding the use of the Service, superseding any prior agreements.
  • Binding Effect: These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without giving effect to any principles of conflicts of law.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Third-Party Services and Links

The Service may contain links to third-party websites or services. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

16. Feedback and Submissions

Any feedback, comments, or suggestions you provide to the Company regarding the Service shall be deemed non-confidential and non-proprietary. The Company shall have no obligation to use or respond to such feedback.

17. Force Majeure

The Company shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

By using Spatialeap, you acknowledge that you have read, understood, and agree to be bound by these Terms.