Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Zinc platform and related services (the "Service") provided via heyzinc.com and associated applications.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of the Terms, you must not use the Service.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of the Service

Zinc is an all-in-one AI customer engagement platform that provides:

• Omnichannel support: website chatbots, Intercom-style widgets, phone calls, and email management.
• AI Voice Agents: AI-powered phone agents that can answer calls, respond based on your configuration and knowledge base, handle contextual questions, book calendar slots, and transfer calls.
• AI-First Chat: By default, AI agents handle interactions on the chat widget.
• Human-in-the-Loop: Humans can take over chats at any time; the AI can request human intervention and notify team members via a companion app.
• Email Automation: AI monitors customer email inboxes and can draft/send replies based on provided context.

The Service is not intended for use by individuals under the age of 18. We do not knowingly permit anyone under 18 to use the platform.

3. Account Registration and Use

3.1 Account Registration

To use the Service, you must register an account and provide accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Ensuring that all individuals who access the Service via your account comply with these Terms.

We reserve the right to reject or remove any account at our sole discretion, including if you provide false, inaccurate, or misleading information.

3.2 Permitted Use

You may use the Service only for lawful, internal business purposes and in accordance with these Terms and any applicable laws.

You must not, and must not allow any third party to:

• Use the Service to engage in unlawful, harmful, fraudulent, or infringing activities.
• Use the Service to transmit malware, spam, or abusive content.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by applicable law.
• Use the Service in a way that could damage, overload, or impair our systems or third-party systems.

4. Subscription, Fees, and Payment

4.1 Subscription Plans

You may access the Service under a free or paid subscription plan, as described on heyzinc.com. Plan features, limitations, and pricing are subject to change as described in these Terms.

4.2 Fees and Billing

By choosing a paid plan, you agree to pay the fees and taxes applicable to your subscription. We may update pricing from time to time; material price changes will be communicated in advance where required by law.

If you provide payment details (e.g., credit card), you authorize us (and our payment processors) to charge the applicable fees automatically, on a recurring basis, until you cancel your subscription or update your payment method.

You are responsible for ensuring that your payment information is accurate and up to date.

4.3 Refunds

Unless otherwise required by law or stated in a specific promotion, all fees are non-refundable. We may, at our sole discretion, provide credits or refunds in certain cases, but this is not guaranteed.

5. AI Features, Disclaimers, and Your Responsibilities

5.1 AI-Generated Content

Zinc uses artificial intelligence to:

• Generate chat responses and email replies.
• Handle voice calls via AI Voice Agents.
• Suggest actions (e.g., booking slots, call transfers) based on context.

AI outputs are provided for informational and convenience purposes only. We do not guarantee the accuracy, completeness, reliability, or appropriateness of any AI-generated content. You must always review and verify AI suggestions before relying on them or sending them to your customers.

5.2 No Professional Advice

The Service does not provide legal, medical, financial, or other professional advice. AI-generated content must not be used as a substitute for professional advice.

5.3 Your Responsibilities

You are solely responsible for:

• Configuring the AI agents, knowledge bases, and workflows in a way that is lawful and appropriate for your business.
• Ensuring you have a lawful basis under applicable data protection laws to process your customers' data (including chat, voice, and email content) through the Service.
• Informing your customers and end users about the use of AI, call recording, and automated processing where required by law (e.g., under GDPR or similar regulations).
• Reviewing and approving AI-generated emails and responses before they are sent, and for any content you choose to send.
• Ensuring that your use of the Service does not violate any applicable law, regulation, or third-party rights.

We are not responsible for any content you create, upload, or send through the Service.

6. Call Recording and Voice Agents

6.1 Call Recording

The AI Voice Agents feature may involve recording or transcribing phone calls. You are responsible for:

• Complying with all applicable call recording and monitoring laws (including consent requirements) in the relevant jurisdictions.
• Informing callers that calls may be recorded, monitored, or processed by AI, as required by law.

6.2 Use of Call Data

We process call recordings, transcripts, and related data to provide, improve, and secure the Service, as described in our Privacy Policy. You must not use the call recording or AI voice features in a way that infringes any person's rights.

7. Email Automation and Third-Party Integrations

7.1 Email Automation

When you connect email inboxes to Zinc, our systems may access, process, and store email content and metadata to provide AI-generated replies and automation.

You represent that you have the right to connect these mailboxes and to process the emails through the Service.

7.2 Third-Party Integrations

The Service may integrate with third-party services (e.g., calendar providers, email providers, telephony providers). Your use of these integrations is subject to the third party's terms and privacy policies, as well as these Terms.

We are not responsible for the availability, security, or practices of third-party services.

8. User Content and License

8.1 User Content

"User Content" means any content you upload, input, or generate through the Service, including:

• Knowledge base content, FAQs, and scripts.
• Configurations, workflows, and prompts.
• Any data or materials you provide for processing by the AI.

You are solely responsible for your User Content and the consequences of using it with the Service.

8.2 License to Zinc

To provide and improve the Service, you grant Zinc a non-exclusive, worldwide, royalty-free, limited license to use, process, store, and display your User Content solely as necessary to:

• Deliver the Service to you; and
• Improve and optimize our AI models and platform, subject to our Privacy Policy.

This license does not transfer ownership of your User Content to us.

9. Intellectual Property

9.1 Our IP

We (or our licensors) own all right, title, and interest in and to the Service, including all software, algorithms, user interfaces, and related intellectual property. These Terms do not grant you any rights to our trademarks, logos, or branding beyond what is expressly permitted.

9.2 Your Feedback

If you provide feedback, ideas, or suggestions about the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use and implement that feedback without restriction.

10. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and process personal data. By using the Service, you consent to our data practices as described in the Privacy Policy.

You are the controller (or equivalent) of the personal data of your end users. We act as a processor with respect to that data, as further described in the Privacy Policy.

You must ensure that your use of the Service complies with all applicable data protection laws, including obtaining necessary consents and providing required notices to your end users.

11. Termination and Suspension

11.1 Termination by You

You may cancel your subscription or close your account at any time through your account settings or by contacting us at [email protected]. Cancellation will take effect at the end of your current billing period, unless otherwise required by law.

11.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without notice, if:

• You breach these Terms or our policies.
• We are required to do so by law.
• We discontinue the Service (in whole or in part).

We may also suspend or terminate your account for any other reason, with reasonable notice where required by law.

11.3 Effects of Termination

Upon termination:

• Your right to access the Service will immediately cease.
• We may delete your data and account information, subject to our data retention policies and legal requirements.
• No refunds will be provided for any remaining portion of your subscription, except where required by law.

12. Disclaimers and Limitation of Liability

12.1 "As Is" Basis

The Service is provided "as is" and "as available", without any warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free.

12.2 AI-Specific Risks

AI systems may generate incorrect, misleading, or inappropriate outputs. We are not responsible for any decisions you make or actions you take based on AI-generated content. You bear the risk of relying on any AI outputs.

12.3 Limitation of Liability

To the maximum extent permitted by law, Zinc shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities.
• Service interruptions, security breaches, or unauthorized access.
• Errors, omissions, or inaccuracies in AI outputs.

Our total liability for any claims arising out of or relating to the Service shall not exceed the amount you paid to us for the Service during the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold Zinc and its affiliates, officers, employees, and agents harmless from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms or any applicable law.
• Your violation of any third-party rights.

14. Disputes and Governing Law

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of [Your Jurisdiction, e.g., England and Wales / State of Delaware, etc.], without regard to conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts located in Nepal for any disputes arising from these Terms or the Service, except where prohibited by law.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on heyzinc.com with a new "Last Updated" date, and
• Providing notice through the Service or via email to the address associated with your account, where required by law.

Your continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

16. General Terms

• Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Zinc regarding the Service and supersede any prior agreements.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
• Contact: For questions about these Terms, please contact us at [email protected] .