ZERKER

Terms of Service

Last updated: September 1, 2025

These Terms of Service ("Terms") apply to your access to and use of the websites, platform, applications, and other online products and services (collectively, the "Services") provided by Zerker, Inc. ("Zerker," "we," or "us"). By clicking "I Accept" or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15. If you do not agree, do not use our Services.

We may update these Terms from time to time. If we make material changes, we will notify you (for example, via email, notice on our Services, or by updating the "last updated" date above). Unless otherwise specified, changes take effect immediately. Continued use of the Services after notice constitutes acceptance of the revised Terms. If you do not agree, you must discontinue use.

If you have questions about these Terms, please contact us at support@zerker.ai.

1. Privacy

For information on how we collect, use, and share data about you, please see our Privacy Policy.

2. Eligibility

You must be at least 13 years old to use the Services.

If you are under the age of majority where you live, your parent or legal guardian must accept these Terms on your behalf.

If you use the Services on behalf of an organization, (a) "you" includes that entity, (b) you represent that you are authorized to bind the entity, and (c) the entity is responsible if you or it violates these Terms.

We may suspend or terminate accounts at our discretion for violations of these Terms or harmful behavior. We will also cooperate with law enforcement regarding unlawful activity.

3. User Accounts and Security

You may need to register for an account. You must provide accurate information, update it as needed, and maintain the security of your credentials. You are responsible for all activities under your account. Notify us immediately of unauthorized use. Zerker may reclaim usernames in cases of trademark or brand conflict.

4. User Content

Our Services may allow you to upload or share content ("User Content").

You retain ownership of your User Content.

You grant Zerker a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and create derivative works as necessary to operate, provide, and improve the Services.

If you submit datasets, media, or project files ("User Data"), you grant Zerker a non-exclusive, irrevocable license to use such User Data for internal business purposes and to improve detection and authenticity infrastructure, unless otherwise agreed in writing.

You represent and warrant that you have all rights to submit User Content and that our use under these Terms will not infringe or violate third-party rights. We may remove User Content at any time.

5. Prohibited Conduct

You agree not to misuse the Services. For example, you will not:

  • Violate laws, contracts, intellectual property, or others' rights;
  • Harass, stalk, or threaten others;
  • Access accounts without authorization;
  • Impersonate others or misrepresent affiliation;
  • Sell, resell, or exploit the Services without permission;
  • Reverse engineer, decompile, or circumvent security or access controls;
  • Introduce malware, corrupted data, or harmful code;
  • Interfere with, disable, or overload the Services;
  • Mine, scrape, or harvest data without prior consent;
  • Use the Services for malicious synthetic media generation or other harmful activity.

We may enforce these rules at our discretion. Failure to enforce does not waive our rights.

6. Ownership; License

The Services (including software, models, workflows, UI, and documentation) are owned by Zerker or its licensors. Subject to your compliance, you are granted a limited, non-exclusive, revocable license to access and use the Services for lawful purposes. All rights not expressly granted are reserved.

7. Trademarks

Zerker's name, logo, product names, and designs are trademarks of Zerker, Inc. You may not use them without our prior written permission. Third-party names, logos, and marks belong to their respective owners.

8. Feedback

Any feedback, ideas, or suggestions you submit ("Feedback") may be used by Zerker without restriction or compensation. Feedback is deemed non-confidential.

9. Third-Party Content

The Services may reference third-party tools, datasets, or integrations. Zerker does not endorse or control third-party content and provides it "as is." Your dealings with third parties are solely between you and them.

10. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Zerker, its affiliates, officers, directors, and employees against claims, damages, and expenses arising out of (a) your use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your infringement of third-party rights.

11. Disclaimers

The Services are provided "as is" and "as available." Zerker disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted, error-free, or secure operation.

12. Limitation of Liability

To the fullest extent permitted by law:

Zerker will not be liable for indirect, incidental, or consequential damages.

Our total liability under these Terms will not exceed the greater of $100 or the amount you paid for the Services in the 12 months preceding the claim.

Some jurisdictions do not allow certain limitations, so these may not apply to you.

13. Release

You release Zerker from liability relating to disputes between you and other users or third parties. If you reside in California, you waive California Civil Code ยง1542.

14. Publicity

Unless agreed otherwise in writing, you agree that Zerker may identify you as a customer and use your name and logo in marketing materials, presentations, and case studies. You may withdraw this consent by contacting us.

15. Disputes

These Terms are governed by the laws of Delaware, excluding conflict of laws.

Arbitration: Except for small claims or equitable relief, disputes will be resolved by binding arbitration under JAMS rules in Delaware.

Class Action Waiver: Disputes must be resolved on an individual basis, not a class action.

Opt-Out: You may opt out of arbitration within 30 days of accepting these Terms by emailing support@zerker.ai with your full name and clear intent to opt out.

16. Miscellaneous

These Terms (together with our Privacy Policy) form the entire agreement between you and Zerker. If any provision is found unenforceable, the remainder will remain in effect. Failure to enforce any right is not a waiver. You may not assign rights or obligations without our written consent.