Legal Information
Terms of Use
1. ACCEPTANCE OF TERMS
IMPORTANT, READ CAREFULLY: These Terms of Use (“Terms”) constitute a legal agreement between you (“you” or “yours”) and Zafin Labs Americas Incorporated, its affiliates, subsidiaries, assignees and successors (“Zafin,” “we,” “us,” or “our”).
“Services” means all products, services, tools, and functions offered or made available by Zafin, whether delivered online (including via the Site or its mobile applications, or as any gated content, trial products, white papers or Trust Centre materials) on-premises, in-person, or through any other form of interaction with us.
“Site” means all websites, devices, applications, and platforms that we operate (including mobile applications), all pages within such websites, devices, applications, and platforms, and any equivalent, mirror, replacement, substitute, or backup versions thereof.
Your use of and access, whether through credentialed login or otherwise, to the Site and Services is subject to your compliance with and acceptance of these Terms. By accessing or using the Site or Services—whether by (1) clicking a box to indicate acceptance, (2) creating an account, (3) accessing password-protected areas, or (4) using any evaluation services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such cases, “you” or “your” refers to that entity. If you do not have such authority or are less than the legal age in your jurisdiction of residence to enter into contracts, or do not agree to these Terms, you must not accept these Terms or use the Site or Services.
If you have entered into a Master Service Agreement with Zafin, these Terms shall apply in addition to and supplement the terms of such MSA. In the event of any conflict between these Terms and the MSA, the MSA shall take precedence with respect to the specific services covered thereunder.
Zafin may revise these Terms at any time without notice to you. The revised Terms will be effective when posted on the Site. Your continued use of the Site or Services after such changes constitutes your acceptance of the modified Terms.
2. CREDENTIALS AND ACCOUNT SECURITY
2.1 Creation and Management
Certain Services may require you to enter your name, email address, phone number, company name, or other requested information. You agree to provide current, complete, and accurate information during registration and to keep such information updated. We may issue or enable access credentials such as verification codes, login identifiers, passwords, or other authentication methods as part of account creation or access management. We reserve the right to deny access, limit access, revoke, or disable credentials at any time in our sole discretion.
2.2 Security Responsibilities
You are solely responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You may not share, assign, or transfer your credentials without Zafin’s written consent. Please notify us immediately of any unauthorized use or breach of security.
2.3 Enterprise Accounts
If your account is created, linked to, or maintained by your employer or any other entity that has a separate agreement with us, that employer or entity may have access to your activities on the Site or Services.
3. ACCESS TO THE SERVICES
3.1 Limited Licence
Subject to your compliance with these Terms, Zafin grants you a non-transferable, non-exclusive, revocable, limited licence to access and use the Site and the Services. This licence is personal to you and may not be assigned, subcontracted, delegated, or otherwise transferred without Zafin’s prior written consent.
Zafin may offer Services on an evaluation basis until the earlier of (i) the end of the applicable evaluation period, (ii) the start date of any subscription purchased by you pursuant to an Order Form, or (iii) any termination by Zafin at any time and for any reason, with immediate effect upon notice. THE EVALUATION SERVICES ARE PROVIDED “AS IS” FOR LIMITED EVALUATION PURPOSES ONLY.
3.2 Access Limitations
Access to and use of password-protected or secure areas of the Site and Services are restricted to authorised users and is provided on a temporary basis. We reserve the right to withdraw access to the Site or amend the Services we provide on the Site without prior notice and without liability. We may impose time limitations, volume limitations, or other restrictions on your access to and use of the Site or the Services at our sole discretion. If you violate any part of these Terms, your permission to access and/or use the Content, Services and the Site automatically terminates. Upon termination, your right to access and use the Site, Services or Content immediately ceases. All accrued rights and obligations and the provisions of these Terms that by their nature should survive termination shall remain in effect.
3.3 Restrictions on Use
The rights granted to you in these Terms are subject to your compliance with certain restrictions. You shall not:
(a) sublicense, sell, rent, lease, transfer, assign, distribute, or commercially exploit the Site or Services; (b) copy, modify, disassemble, decompile, reverse-engineer, or make derivative works from the Site or Services; (c) access the Site or Services to build competitive products or services; (d) disrupt, interfere or probe the Site or Services without authorization; (e) access the Services via unauthorised interfaces; (f) remove, alter or obscure any proprietary notices; (h) use automated processes to scrape Content; (i) use any robot, spider, scraper, or other automated means to access the Site without our express written permission; (j) cache, download or copy Content from the Site or Services; (k) otherwise use the Services inconsistently with applicable law or these Terms.
Zafin may suspend or terminate your access if we detect violations.
3.4 Modification and Discontinuation
Zafin may modify, suspend, or discontinue the Site or Services (in whole or in part) at any time in its sole discretion with or without notice and without liability. We reserve the right to make changes, corrections, and/or improvements to the Site or Services at any time without notice. Further, Zafin has no obligation to provide you with any support or maintenance in connection with the Site or Services, except if expressly agreed to by Zafin.
3.5 Monitoring and Usage Tracking
Zafin reserves the right to monitor and track your visits and interactions with the Services, including collecting and analyzing usage and performance metrics. Such information may be used by Zafin solely for business purposes, including improving the Services, product development, user experience enhancement, and analytics. While Zafin may monitor content shared on or through the Services, we do not guarantee that all content will be actively monitored or reviewed.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership
All intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services are owned by Zafin or its licensors. The Services and Content provided on or through the Site are the intellectual property and copyrighted works of Zafin or third-party providers. Other than the limited licence granted herein, neither you nor any third party shall obtain any right, title, or interest in or to such intellectual property rights by virtue of the use of the Site, Services or Content. Zafin reserves all rights not granted in these Terms.
4.2 Protection of Proprietary Information
The Site contains materials, such as software, text, graphics, images, sound recordings, audiovisual works, case studies, and other documents provided by or on behalf of Zafin (the “Content”). The Content may be owned by us or our licensors and is protected under both domestic and foreign laws. Unauthorised use of the Content may violate copyright, trademark, and other laws.
You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms. You must retain all copyright and other proprietary notices contained in the original Content. The Content may be out of date, and Zafin makes no commitment to update such Content. We may make changes to the Content, at any time without notice or liability.
4.3 Trademarks
All trademarks, logos, and service marks (“Marks”) displayed on the Site, Services or in the Content are property of Zafin or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use Marks, without our prior written permission specific for each such use.
5. CONFIDENTIALITY
5.1 Confidential Information
All information, documents, materials, Content, and data provided by Zafin through the Site or the Services, including but not limited to technical information, business information, product specifications, and proprietary methodologies, shall be deemed confidential and proprietary to Zafin (“Confidential Information”).
5.2 Confidentiality Obligations
You agree to use and maintain the confidentiality of all Confidential Information in accordance with the rights provided herein and shall not disclose, distribute, or make available any Confidential Information to any third party without Zafin’s prior written consent. You shall use the same degree of care to protect Confidential Information as you would use to protect your own confidential information, but in no event less than reasonable care. Upon request from Zafin or upon termination or expiration of your access to the Site or Services, you must return or destroy all Confidential Information and cease all use thereof.
5.3 Non-Confidential Communications
Please do not send any unsolicited confidential, proprietary, or trade-secret information to Zafin through the Services. Any information submitted through the Services, except personal information (which is governed by Zafin’s Privacy Notice), will be deemed non-confidential and non-proprietary. Zafin shall not have any obligation to protect or maintain the confidentiality of such unsolicited information.
You acknowledge that Zafin may freely use, disclose, or distribute such unsolicited information for any lawful purpose without restriction or obligation to you.
6. ACCEPTABLE USE
6.1 Prohibited Content
You may not use the Site or Services to collect, upload, transmit, display, or distribute any content that: (i) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iv) automates interactions without permission.
6.2 Prohibited Activities
You shall not: (i) upload, transmit, or distribute to or through the Site or the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site or Services unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies, or procedures of such networks; (iv) harass or interfere with any other user’s use and enjoyment of the Site or the Services; (v) use software or automated agents or scripts to produce multiple accounts on the Site or for the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site or the Services.
6.3 Enforcement
If you do not comply with these restrictions or any provision in these Terms, we may, in our sole discretion, disable your credentials, suspend or terminate your access to the Services.
7. FEEDBACK
If you provide Zafin with any feedback or suggestions regarding the Site or the Services (“Feedback”), you grant Zafin a perpetual, irrevocable, sublicensable, transferable, royalty-free licence to use and fully exploit such Feedback and related information in any manner it deems appropriate. Feedback is non-confidential and non-proprietary, and you agree not to submit information or ideas that you consider to be confidential or proprietary as Feedback.
8. COMMUNICATIONS
You agree to receive communications from us, including via email. Communications may include: (a) chat communications, (b) operational communications concerning the Services; and (c) updates about new and existing features or functionalities on the Services.
9. THIRD-PARTY LINKS
The Site or the Services may contain links to third-party websites, interfaces and services. Such links are not controlled by Zafin, and Zafin is not responsible for them. Zafin provides access to these links as a convenience
to you and does not review, approve, monitor, endorse, warrant, or make any representations about them. You use all third-party links at your own risk and if you click on them the third party’s terms and policies apply, including the third party’s privacy policies. Zafin shall not be responsible or liable for such third-party sites, services or links or for any loss or damage that may arise from your use of them.
10. DISCLAIMERS
THE SITE, SERVICES, CONTENT, ANALYSES, GENERATED INFORMATION, OUTPUT AND EVALUATIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. ZAFIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, COLLATERAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, QUALITY OR INTEGRATION.
ZAFIN MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE OR COMPOENENTS, COMPLETE, LEGAL, OR SAFE. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZAFIN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SAVINGS OR BUSINESS OPPORTUNITIES, LOST DATA, LOSS OF USE OR GOODWILL, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE THE SERVICES OR THE SITE, EVEN IF ZAFIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZAFIN’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; OR (B) ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS OR SERVICE PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
WE EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY IN CONNECTION WITH THE SITE IN ANY WAY, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE ARISING FROM MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, DEVICES, SOFTWARE, DATA, OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Zafin, its parents, subsidiaries, affiliates, directors, officers, employees, agents, partners, service providers, licensors, successors and assignees from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) due to or arising out of your: (a) use of the Site or Services including use in combination with third-party software or artificial intelligence applications, (b) violation of these Terms or applicable laws; (c) your misuse of the Content, Services or the Site; or (d) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
You must cooperate fully in the defence of any such claims and may not settle any claim without Zafin’s prior written consent.
13. TERM AND TERMINATION
13.1 Term
These Terms commence on the date you first access the Site or Services and continues until termination or expiration in accordance with these Terms.
14. SUPPORT
Zafin uses commercially reasonable efforts to maintain availability of its Services and its Site. However, Zafin cannot guarantee that the Services or its Site will operate in an uninterrupted or error-free manner. Zafin performs service maintenance and uses commercially reasonable efforts to schedule system downtime during off-peak hours and to avoid service interruptions and delays. Zafin will use commercially reasonable efforts to notify you in advance of any scheduled downtime of its Site and its Services.
15. DATA PROTECTION
The terms of the Zafin’s Privacy Notice are hereby incorporated by reference and apply to the processing on Zafin information systems of your personal information. You agree to the collection, storage, use, and sharing of your information in accordance with Zafin’s Privacy Notice.
16. GENERAL PROVISIONS
16.1 Governing Law and Venue
These Terms are governed and interpreted under the federal and provincial laws of Canada and British Columbia. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. In the event of any dispute between us, we both agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the federal courts of Canada or the provincial courts of British Columbia located in Vancouver, Canada.
16.2 Waiver of Class or Other Non-Individualised Relief
Both parties agree that all claims brought against the other must be brought in an individual capacity and not on a class or collective basis—only individual relief is available and any claims of more than one user may not be consolidated with those of any other customer or user.
16.3 Notice
You may provide notices to Zafin by email at [email protected], or by letter delivered to: Zafin, 401 W. Georgia St. Suite 1701, Vancouver, British Columbia V6B 5A1. Notices sent by email shall be deemed received upon confirmation of delivery (e.g., a return receipt or confirmation email). Notices by mail are deemed received upon delivery by a recognized overnight courier.
16.4 Entire Agreement
These Terms constitute our entire agreement regarding the use of the Site and the Services. Any failure to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be enforced, and the invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.5 Assignment
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Zafin’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Zafin may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees and successors.
16.6 Force Majeure
Zafin shall not be responsible or liable for any delay or failure in its performance due to events beyond its reasonable control, including acts of God, government actions, natural disasters, pandemics, civil unrest, terrorist acts, strikes, or internet service provider failures.
16.7 Interpretation
Any reference to “Zafin” in these Terms includes its directors, officers, employees, contractors, owners, agents, representatives, licensors, or licensees of its and its affiliates, subsidiaries, assignees and successors. The use of the word “including” in these Terms to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive or exhaustive list of the topics covered.
16.8 Survival
The sections entitled “Intellectual Property Rights,” “Confidentiality,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General Provisions” shall survive the termination of these Terms.
Copyright © 2025 Zafin. All rights reserved.
Effective Date: September 8, 2025
Last Updated: September 8, 2025