HARDWARE AI
TERMS OF SERVICE
Last Updated: June 26, 2026
These Zenode Terms of Service (the “Agreement”) are made available by Zenode Inc. a Delaware corporation (“Zenode” “we,” “us,” or “our”) and set forth your rights and obligations when accessing (a) certain application programming interfaces made available by Zenode that allow you to access electronic component, parts, distributor, pricing, availability, and related supply chain data as well as specifications, images, descriptions, datasheets and other documentation (the “Zenode APIs”); (b) certain web-based dashboards and applications made available by Zenode (the “Zenode Web Application”); and (c) any other related products, services and functionality, including AI-powered tools, agents, search, and analytics features as developed and made available by Zenode from time to time including, but not limited to Zenode’s Discovery, Deep Dive and Alts features (collectively, the “Zenode Services”). For the avoidance of doubt, the Zenode Services include any Model Context Protocol server, agentic interface, orchestration layer, or similar integration endpoint made available by Zenode from time to time, whether accessed through an API, web application, or other software interface.
The Agreement is entered into by and between Zenode and the entity or person accessing the Zenode Services (“Customer” or “you”). If you are accessing or using the Zenode Services on behalf of your company, you represent that you are authorized to enter into the Agreement on behalf of your company.
PLEASE REVIEW THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY. ONCE ACCEPTED, THE TERMS AND CONDITIONS OF THE AGREEMENT WILL BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND ZENODE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU SHOULD NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE ZENODE SERVICES.
1. Zenode Services
(a) Registration. In order to access and use the Zenode Services, you may be required to register an account by providing us with your email and other information requested in our registration form. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. If you are registering on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or systems may permit unauthorized use by third parties.
(b) Right to Access Zenode Web Application. Subject to your compliance with all of the terms and conditions of this Agreement, Zenode grants you a non-exclusive, non-sublicensable, non-transferable, non-assignable, non-distributable, revocable right during the term of this Agreement to access and use the Zenode Web Application for your internal business purposes.
(c) Right to Access Zenode APIs. Subject to your compliance with all of the terms and conditions of this Agreement, Zenode grants you a non-exclusive, non-sublicensable, non-transferable, non-assignable, non-distributable, revocable right during the term of this Agreement to access and use the Zenode APIs solely to request, query, retrieve, and receive data and other outputs made available by Zenode via the Zenode APIs (including electronic component, parts, distributor, pricing, availability, and related supply chain data, specifications, images, descriptions, datasheets, analytics outputs, and other documentation and related metadata) (collectively, “Zenode Data”) solely for your internal business purposes and, if applicable, to display or otherwise provide such data and outputs to your end users on a limited basis through your products and applications (each a “Customer Application”), in each case in accordance with this Agreement and the applicable documentation made available by Zenode. Customer Applications may incorporate and display Zenode Data solely as integrated functionality within such Customer Applications and may not provide standalone access to Zenode Data or otherwise function as a substitute for the Zenode Services.
(d) Modification of Zenode Services. Zenode may, at any time and in its sole discretion, modify, update, enhance, restrict, suspend, or discontinue the Zenode Services, in whole or in part, including by changing or removing features, functionality, data, endpoints, specifications, documentation, access methods, usage limits, or availability. Zenode has no obligation to maintain or support any particular version of the Zenode Services or to ensure backward compatibility. Any such modifications may be made with or without notice and may result in interruptions to or degradation of the Zenode Services. Zenode shall have no liability arising out of or related to any modification, suspension, or discontinuation of the Zenode Services, and Customer acknowledges that its use of the Zenode Services is at its own risk and that it should not rely on the continued availability of any aspect of the Zenode Services.
2. Customer Responsibilities
(a) Data Security. You will implement and maintain appropriate technical and organizational measures to protect the confidentiality and security of (a) the Zenode Services; (b) all Zenode Data obtained by you through the Zenode Services; and (c) all other data or information obtained from Zenode relating to this Agreement or the activities contemplated hereunder. Furthermore, you agree that you shall not distribute or otherwise transfer any Zenode API key to any third party and shall only utilize those Zenode API keys that are provided to you pursuant to this Agreement. To the extent Zenode permits Customer to use customer-supplied keys, credentials, or other third-party access tokens in connection with the Zenode Services (“Customer-Supplied Credentials”), Customer acknowledges and agrees that Customer is solely responsible for obtaining and maintaining all rights necessary to use such Customer-Supplied Credentials, for compliance with all applicable third-party terms, and for all charges, limits, and restrictions associated therewith. Zenode shall have no responsibility or liability for any third-party service, platform, or provider accessed through Customer-Supplied Credentials.
(b) Customer shall be solely responsible for the acts and omissions of its employees, contractors, agents, end users, and any person or system accessing the Zenode Services through Customer Applications, Customer-Supplied Credentials, or any integration implemented by or on behalf of Customer. Customer shall ensure that all such persons and systems comply with this Agreement, and any breach of this Agreement by any such person or system shall be deemed a breach by Customer.
(c) General Technology Restrictions. You agree that you will not, directly or indirectly: (i) sublicense the Zenode Services for use by a third party; (ii) reverse engineer or attempt to extract the source code or underlying methodology from the Zenode Services or any related software, except to the extent that this restriction is expressly prohibited by Applicable Laws; (iii) use or facilitate the use of the Zenode Services for any activities that are prohibited by Applicable Laws or otherwise; (iv) bypass or circumvent measures employed to prevent or limit access to the Zenode Services; (v) use the Zenode Services to create a product or service competitive with Zenode’s products or services; (vi) create derivative works of or otherwise create, attempt to create or derive, or knowingly assist any third party to create or derive, the source code underlying the Zenode Services; or (vii) otherwise use or interact with the Zenode Services for any purpose not expressly permitted under this Agreement. You acknowledge and agree that this Agreement in no way shall be construed to provide to you, or any third party, any express or implied right or license to access, use, copy, modify or otherwise exploit the Zenode Services or any other technology or intellectual property of Zenode, except as expressly set forth in this Agreement. You will comply with any rate limits, Plan limits, and other requirements in any of Zenode’s documentation. “Applicable Laws” means all federal and state laws, treaties, rules, regulations, regulatory and supervisory guidance, directives, policies, orders or determinations of a regulatory authority applicable to the activities and obligations contemplated under this Agreement. Without limiting the foregoing, if Customer is involved in the distribution, brokerage, resale, aggregation, or marketplace facilitation of electronic components or products listed through the Zenode Services, including any software, platform, or service supporting such activities, Customer may not use Zenode Data relating to pricing, availability, inventory, or similar commercial data unless Zenode has expressly authorized such use in writing, and Zenode may, in its sole discretion, restrict, disable, or remove access to any such data fields, functionality, or endpoints at any time.
(d) Bulk Extraction Restrictions. You agree that you will not, directly or indirectly: (i) systematically scrape, crawl, harvest, or bulk download Zenode Data, or otherwise use the Zenode Services in a manner intended to collect Zenode Data at scale for purposes other than as permitted by Zenode; (ii) sell, resell, license, sublicense, distribute, transfer, or otherwise make available the Zenode Services or Zenode Data to any third party on a standalone basis, including via any data marketplace, data broker, “data as a service” offering, or similar arrangement, except as expressly permitted by Zenode; (iii) aggregate Zenode Data across queries, users, or time periods in order to reconstruct a competing database, historical archive, or predictive analytics product; (iv) cache, store, archive, or retain Zenode Data, including pricing or availability data, for longer than twenty-four (24) hours unless expressly authorized in writing by Zenode; and (v) publish Zenode Data in bulk (e.g., posting datasets or large extracts), except as expressly permitted by Zenode.
(e) Attribution Requirements. You will clearly and conspicuously indicate that any Zenode Data is “Powered by Zenode” or other similar attribution approved by Zenode. Zenode hereby grants to you a non-transferable, non-sublicensable, non-exclusive license while this Agreement is in effect to display Zenode’s name, logo and trademarks (“Zenode Brand Features”) for the foregoing. You must only use the Zenode Brand Features in accordance with this Agreement and for the purpose of fulfilling your obligations under this Section. In using Zenode Brand Features, you must follow the Zenode Brand Feature Guidelines. You understand and agree that Zenode has the sole discretion to determine whether your attribution(s) and use of the Zenode Brand Features are in accordance with the above requirements and guidelines.
(f) No Modification of Zenode API Data. You agree not to (i) modify or change the Zenode Data prior to provision or display to your end users or (ii) make any representations, warranties or other statements on behalf of Zenode or otherwise with respect to the Zenode Services or Zenode Data, except as expressly authorized by Zenode in writing.
3. Payment
(a) Plans; Fees; Free Tier. Your use of the Zenode Services is subject to the plan selected via the applicable ordering page, online sign-up flow, or order form (“Plan”). Zenode may offer a free or freemium tier (“Free Tier”) and one or more paid tiers; the applicable Plan may include usage caps, feature restrictions, throttling, overage charges, or upgrade requirements, each as described in the pricing page or applicable order form (“Order Terms”). You are responsible for all usage under your account, including usage by your authorized users and through Customer’s credentials and API keys. Zenode may modify, suspend, or discontinue any Plan (including the Free Tier) consistent with this Agreement and the Order Terms.
(b) Usage Based Fees. Certain Zenode Services, including AI-powered features, agents, search functions, and related functionality, may be offered on a usage-based basis and may be metered by tokens, credits, requests, compute consumption, data volume, or other usage units as specified in the applicable Order Terms, pricing page, or in-product notice. Zenode may apply different rates, usage caps, throttling, or overage charges depending on the applicable service, plan, or usage tier.
(c) Self-Serve Credit Card Billing. For self-serve Plans, Zenode DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment, Zenode uses Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global ‘ Policy available at: https://stripe.com/privacy. Please contact Stripe for more information.. Unless the Order Terms state otherwise, subscription components (if any) will be billed in advance on a recurring basis and usage-based components (including any overages) will be billed in arrears for the applicable billing period (and may be charged as usage accrues). Paid self-serve Plans automatically renew for successive billing periods until cancelled through the console or as otherwise described in the Order Terms; if a charge fails, Zenode may retry the charge and Customer must promptly update its payment method.
(d) Invoiced Billing. If Zenode approves invoiced billing for Customer, Zenode will invoice Customer in accordance with the applicable order form or Order Terms, and Customer will pay all undisputed amounts within thirty (30) days of the invoice date. Any purchase order terms are for administrative convenience only and will not modify this Agreement. Customer will notify Zenode in writing of any good-faith dispute regarding an invoice within thirty (30) days of the invoice date and will timely pay all undisputed amounts while the parties work to resolve the dispute.
(e) Taxes; Price Changes; No Refunds. Fees are exclusive of all taxes, duties, levies, and similar governmental assessments (including sales, use, VAT/GST, and withholding taxes), and Customer is responsible for all such amounts other than taxes based on Zenode’s net income; if withholding is required by law, Customer will gross up payments so Zenode receives the invoiced amount, unless prohibited by law. Zenode may change fees or introduce new fees upon prior notice (including by posting to the pricing page or in-product notice), effective as of the next billing period or as otherwise stated in the notice. Except as required by law or expressly stated in the Order Terms, all fees are non-cancellable and non-refundable.
(f) Late Payments; Suspension. Overdue undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs. Zenode may suspend or limit access to the Zenode Services (including throttling, disabling API keys, or downgrading to the Free Tier) for non-payment of undisputed amounts after providing commercially reasonable notice and an opportunity to cure, unless Zenode reasonably determines immediate suspension is necessary to protect the Zenode Services and Zenode Data or comply with Applicable Laws.
4. Termination
(a) Termination of Agreement. You may stop using the Zenode Services at any time with or without notice. This Agreement will remain in effect until terminated in accordance with this Section. Either party may terminate this Agreement for convenience upon written notice to the other; provided, however, that to the extent the parties have entered into one or more executed order forms with a stated term, such order form will remain in effect for its stated term unless earlier terminated in accordance with its terms or this Agreement, and termination of this Agreement will not, by itself, terminate any then-effective order form. Upon any termination or expiration of an order form (or this Agreement, if no order form is then in effect), Customer will promptly cease all use of the Zenode Services under the terminated arrangement and, except to the extent retention is required by applicable law, delete or destroy all Zenode Data and any copies thereof in Customer’s possession or control. Upon Zenode’s written request, Customer shall provide a written certification signed by an authorized representative confirming compliance with the foregoing obligations. If applicable, any continued use must be pursuant to a then-effective order form or other written authorization from Zenode. Zenode may suspend or terminate Customer’s access to the Zenode Services, or discontinue the Zenode Services or any portion or feature thereof, at any time; provided that Zenode will not terminate an unexpired order form for convenience unless the applicable order form expressly permits it, and any suspension or termination may be implemented immediately if Zenode reasonably determines that Customer’s use poses a security risk, violates this Agreement, or materially degrades the Zenode Services. Except as expressly set forth in an order form, Zenode will have no liability or other obligation to Customer arising out of or relating to any termination, suspension, or discontinuance under this Section.
(b) Effect of Termination. Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under this Agreement up to the date of termination or expiration. Upon termination or expiration of this Agreement, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, proprietary rights, indemnification, limitations of liability, and disclaimers.
5. Proprietary Rights
(a) Reservation of Rights. Zenode and its licensors retain all right, title, and interest, including all intellectual property and proprietary rights, in and to the Zenode Services and Zenode Data, and all software, code, algorithms, protocols, interfaces, tools, documentation, data structures, and other technology underlying or embodied in, or used to provide, the Zenode Services (collectively, “Zenode Materials”). Except for the limited rights expressly granted to Customer under this Agreement, no rights or licenses are granted, whether by implication, estoppel, or otherwise. Zenode expressly reserves all rights in and to the Zenode Materials not expressly granted hereunder.
(b) Customer Outputs. As between the parties, Customer owns Customer’s prompts, queries, uploaded materials (“Customer Uploaded Content”), and outputs generated through Customer’s use of the Zenode Services (“Customer Output” and collectively with Customer Uploaded Content, “Customer Materials”), including AI-generated analyses, recommendations, reports, and workflows, provided that Customer Outputs do not include ownership rights in underlying Zenode Data or Zenode Materials. Zenode may also use anonymized and aggregated Customer Uploaded Content to improve and enhance the Zenode Services, provided that such data does not identify Customer, any end user, or any individual person. Without limiting the foregoing, Zenode may collect, generate, derive, use, disclose, and make available anonymized, aggregated, and non-identifying data, analytics, insights, trends, and demand signals derived from Customer Uploaded Content and Customer’s access to and use of the Zenode Services, including search activity, queries, requests, sourcing activity, product interest, and other interactions with the Zenode Services, for purposes of operating, improving, and facilitating the Zenode Services, including any marketplace features. Such use may include making anonymized and non-identifying activity data, analytics, insights, and demand signals available to authorized manufacturers, distributors, suppliers, sales representatives, and other marketplace participants through the Zenode Services, provided that such information does not identify Customer, any end user, or any individual person. Zenode will not use Customer Uploaded Content to train general-purpose AI models.
(c) Confidential Information. Customer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify you and your Customer Application. You will keep your credentials confidential and make reasonable efforts to prevent and discourage third parties from using your credentials. Customer credentials may not be embedded in open source projects. Our communications to you and the Zenode Services may contain Zenode confidential information. Zenode confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Zenode’s prior written consent. Zenode confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Zenode confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
(d) Feedback. You may from time to time provide feedback (including suggestions, comments for enhancements, functionality or usability, etc.) (“Feedback”) to Zenode regarding your experience using, and needs and integration requirements for, the Zenode Services. Zenode shall have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality, and you hereby grant Zenode the full, unencumbered, royalty-free right to incorporate and otherwise fully exploit Feedback in connection with Zenode’s products and services.
(e) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Zenode may collect, generate, derive, retain, analyze, and compile data and information relating to the access to, use of, and performance of the Zenode Services, including metrics, logs, and analytics (“Aggregated Statistics”). Zenode owns all right, title, and interest in and to the Aggregated Statistics and may use, disclose, publish, commercialize, and otherwise exploit Aggregated Statistics for any lawful purpose, including to operate, improve, develop, secure, benchmark, market, and make available Zenode’s products and services, and to publish industry or network metrics.
6. Disclaimer
THE ZENODE SERVICES AND ZENODE DATA ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. ZENODE DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE ZENODE SERVICES (INCLUDING ANY OUTPUT), WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF ANY OUTPUT PROVIDED BY THE ZENODE SERVICES IS AT YOUR OWN RISK.
CUSTOMER IS SOLELY RESPONSIBLE FOR (A) VERIFYING THE ZENODE DATA AS APPROPRIATE FOR CUSTOMER’S USE CASE, (B) ANY DECISIONS, ACTIONS, OR OMISSIONS TAKEN IN RELIANCE ON THE ZENODE DATA, AND (C) OBTAINING ANY PROFESSIONAL ADVICE OR INDEPENDENT ASSESSMENT AS NEEDED; IN NO EVENT WILL ZENODE BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATED TO CUSTOMER’S OR ANY END USER’S USE OF OR RELIANCE ON THE ZENODE DATA, INCLUDING ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE ZENODE DATA.
THE ZENODE SERVICES MAY UTILIZE OR GENERATE AI-POWERED OUTPUTS. SUCH OUTPUTS MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE FOR CUSTOMER’S PARTICULAR USE CASES, AND CUSTOMER IS RESPONSIBLE FOR REVIEWING AND VALIDATING ALL OUTPUTS PRIOR TO RELIANCE OR USE.
7. Limitation of Liability
WHEN PERMITTED BY LAW, ZENODE, AND ZENODE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ZENODE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF (A) ONE THOUSAND DOLLARS ($1,000); AND (B) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM. IN ALL CASES, ZENODE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
8. Indemnification
You agree to defend and indemnify Zenode from and against any third-party claims and liabilities to the extent resulting from your Customer Application or your breach of this Agreement. You must not settle any claim without Zenode’s prior written consent if the settlement would require Zenode to (a) admit fault, (b) pay any damages or other amounts, or (c) take or refrain from taking any action. Zenode may participate in a claim through counsel of its own choosing at its own expense, and you and Zenode will reasonably cooperate on the defense of any such claim.
9. Governing Law and Dispute Resolution
(a) Governing Law. This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Zenode Services, or the parties’ relationship (each, a “Dispute”), shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles that would result in the application of the laws of any other jurisdiction.
(b) Binding Arbitration; JAMS. Except as expressly set forth in Section 9(c) (Exceptions; Injunctive Relief), any Dispute shall be finally resolved by binding arbitration administered by JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (or, if applicable, the JAMS Streamlined Arbitration Rules and Procedures), as in effect at the time the arbitration is commenced. The arbitration shall be seated in San Francisco, California and conducted in English before one (1) arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Exceptions; Injunctive Relief. Notwithstanding anything to the contrary, either party may seek temporary, preliminary, or permanent injunctive relief (or other equitable relief) in any court of competent jurisdiction located in San Francisco, California to prevent or enjoin actual or threatened misuse, infringement, or misappropriation of its intellectual property rights, confidential information, or proprietary rights, without the necessity of posting bond or proving actual damages to the extent permitted by applicable law. In addition, either party may bring an individual claim in small claims court in San Francisco, California, if the claim qualifies.
(d) Class Action Waiver. To the fullest extent permitted by applicable law, the parties agree that any Dispute will be brought and resolved on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative action or proceeding. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
(e) Waiver of Jury Trial. To the fullest extent permitted by applicable law, each party hereby knowingly and irrevocably waives any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the Zenode Services.
(f) Exclusive Forum for Court Proceedings. To the extent any Dispute is not subject to arbitration under this Agreement, the parties agree to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California, and each party irrevocably submits to such jurisdiction and venue and waives any objection based on inconvenient forum.
(g) Confidentiality. The arbitration, including the existence of the arbitration, all materials submitted, and all testimony and awards, shall be confidential and may not be disclosed except as necessary to conduct the arbitration, to enforce an award, or as required by applicable law.
(h) Time Limit. To the fullest extent permitted by applicable law, any Dispute must be brought by you within one (1) year after the claim or cause of action first arose, or it is permanently barred.
10. Miscellaneous
(a) Export Compliance. You will comply with the export laws and regulations of the United States, the European Union and other applicable jurisdictions in providing and using the Zenode Services.
(b) Publicity. You agree that Zenode may refer to your name, logo, and trademarks in Zenode’s marketing materials and website; however, Zenode will not use your name or trademarks in any other publicity (e.g., press releases, customer references and case studies) without your prior written consent (which may be by email) not to be unreasonably withheld, conditioned, or delayed.
(c) Assignment; Delegation. Neither party hereto may assign or otherwise transfer this Agreement, in whole or in part, without the other party’s prior written consent, except that Zenode may assign this Agreement without consent to a successor to all or substantially all of its assets or business related to this Agreement. Any attempted assignment, delegation, or transfer by either party in violation hereof will be null and void. Subject to the foregoing, this Agreement will be binding on the parties and their successors and assigns.
(d) Amendment; Waiver. Zenode reserves the right in its sole discretion and at any time and for any reason to modify this Agreement. Any modifications to this Agreement shall become effective upon the date of posting. Your continued use of, or access to, the Zenode Services after an update goes into effect will constitute acceptance of the update. If you do not agree with an update, you may stop using the Zenode Services or terminate this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any such waiver will apply only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
(e) Relationship. Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise to, or is intended to give rise to any rights of any kind in favor of any third parties.
(f) Unenforceability. If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms.
(g) Notices. Any notice required or permitted to be given hereunder will be given in writing by personal delivery, certified mail, return receipt requested, or by overnight delivery. Notices to you may be sent to the email address provided by you when you created your account with Zenode. Notices to Zenode must be sent to the following: 1080 Carol Ln STE 266, Lafayette, CA 94549, Attn: Legal.
(h) Entire Agreement. This Agreement comprises the entire agreement between you and Zenode with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements (oral and written). No oral or written information or advice given by Zenode, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement.
11. Contact Us
If you have any questions regarding this Agreement or the Zenode Services, please contact us at legal@zenode.ai.