THESE PROGRAM TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FOR GOOD AI INC. BY APPLYING TO OR PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE PROGRAM TERMS AND THE TERMS OF SERVICE. SECTION 9 OF THE TERMS OF SERVICE CONTAINS IMPORTANT CLAUSES THAT AFFECT YOUR RIGHTS, INCLUDING A BINDING ARBITRATION CLAUSE AND WAIVERS OF YOUR RIGHT TO PURSUE A CLASS ACTION LAWSUIT OR A JURY TRIAL.
1. Program Overview
The Zencoder for Startups program (the "Program") provides eligible early-stage companies with discounted access to Zencoder's AI-powered software development platform. The Program is administered by For Good AI Inc. (dba Zencoder Inc.) ("For Good," "We," "Us," or "Our").
These Terms and Conditions ("Program Terms") govern participation in the Program and supplement the Zencoder Terms of Service, available at https://zencoder.ai/legal/terms-of-service ("Terms of Service"), and the Acceptable Use Policy, available at https://zencoder.ai/legal/acceptable-use-policy ("AUP"), which are hereby incorporated by reference.
"You" or "Your" refers to the company submitting an application to the Program or participating in the Program, as applicable. Prior to acceptance, You are an "Applicant." Upon acceptance into the Program, You become a "Participant"). By submitting an application, You agree to be bound by these Program Terms, the Terms of Service, and the AUP (collectively, the "Agreement"). In the event of any conflict between these Program Terms and the Terms of Service or AUP, these Program Terms shall govern solely with respect to Your application or participation in the Program. Capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Service.
Notwithstanding the foregoing, if You have entered into a separate written agreement with For Good governing Your subscription to or use of the Services (such as an order form and associated terms), such agreement shall govern Your use of the Services in lieu of the Terms of Service, and all references to "Terms of Service" in these Program Terms shall be deemed to refer to such separate written agreement.
2. Eligibility Requirements
To apply to the Program, applicants must meet ALL the following at the time of application:
2.1 Company Size. Applicant must have twenty-five (25) or fewer full-time employees.
2.2 Funding Stage. Applicant must be at Pre-seed, Seed, or Series A stage funding. Bootstrapped companies that have been in operation for less than three (3) years with equivalent early-stage characteristics are also eligible.
2.3 Application Requirements. Applicants must:
(a) Complete the official application form in its entirety;
(b) Provide accurate and complete information; and
(c) Use a valid business email address associated with Applicant's company domain (personal email addresses such as Gmail, Yahoo, or similar consumer email services are not accepted).
2.4 One Application Per Company. Each company may submit only one application to the Program. Multiple applications from the same company may result in disqualification. The Program is limited to one participation per company; subsidiaries, affiliates, or related entities of current or previous Program Participants are not eligible.
The following are NOT eligible for the Program:
2.5 Ineligible Applicants.
(a) Companies with more than twenty-five (25) employees;
(b) Existing Zencoder Enterprise customers;
(c) Agencies, consultancies, or resellers applying on behalf of clients;
(d) Companies that have previously participated in the Program, or their subsidiaries or affiliates;
(e) Companies or individuals located in, organized under the laws of, or ordinarily resident in any country or territory subject to United States export controls or economic sanctions, including but not limited to those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) or the U.S. Department of Commerce's Bureau of Industry and Security (BIS); or
(f) Companies or individuals appearing on any U.S. government restricted party list.
The Program is void where prohibited by law.
3. Program Benefits
3.1 Discount Structure. Participants receive the following discounts on Core, Advanced, or Max plans, commencing on the date of Participant's first paid subscription following acceptance into the Program:
(a) Year 1: 40% off selected plan
(b) Year 2: 30% off selected plan
(c) Year 3: 20% off selected plan
For clarity, each "Year" refers to a consecutive twelve (12) month period beginning on the date of Participant's first paid subscription following acceptance into the Program.
3.2 Eligible Plans and Pricing. The following table sets forth the eligible plans and corresponding discounted pricing for each year of the Program. Discounts are applied to the regular pricing in effect at the time of Participant's subscription. All prices are quoted in U.S. dollars and are exclusive of applicable taxes. Pricing is subject to change; however, Participants will receive the discount percentages set forth in Section 3.1 applied to the then-current pricing for their selected plan.
| Plan | Regular Price | Year 1 (40% off) | Year 2 (30% off) | Year 3 (20% off) |
|---|---|---|---|---|
| Core | $49/user/mo | $29.40/user/mo | $34.30/user/mo | $39.20/user/mo |
| Advanced | $120/user/mo | $72/user/mo | $84/user/mo | $96/user/mo |
| Max | $250/user/mo | $150/user/mo | $175/user/mo | $200/user/mo |
3.3 Additional Benefits. In addition to the discounted pricing reference above, Participants may also receive the following benefits. Additional benefits are provided at Our discretion and may be modified or discontinued at any time.
(a) Priority onboarding support
(b) Access to startup-focused resources and documentation
(c) Community access (Discord, Slack)
4. Application and Acceptance
4.1 Application Review. All applications are reviewed by the Zencoder team. We will use reasonable efforts to notify Applicants of acceptance or rejection in a timely manner; however, review times may vary based on application volume. Meeting eligibility requirements does not guarantee acceptance into the Program. We reserve the right to accept or reject any application at Our sole discretion without obligation to provide a reason for rejection.
4.2 Verification. We may verify Applicant eligibility information through third-party sources (Crunchbase, Pitchbook, LinkedIn, etc.). Applicants may be required to provide additional documentation to verify eligibility, including but not limited to proof of funding, incorporation documents, or employee headcount verification. Failure to provide requested documentation within ten (10) business days of Our request may result in rejection of the application.
4.3 Acceptance. Accepted applicants will receive written confirmation via email ("Acceptance Notice"). Upon receipt of the Acceptance Notice, the Applicant becomes a Participant. Participant must activate their discounted subscription within thirty (30) days of the Acceptance Notice date. Failure to activate within this period will result in automatic expiration of the acceptance, and the company may have to reapply to the Program.
5. Subscription Terms
5.1 Annual Commitment. The Program requires an annual subscription commitment. Monthly billing is not available for Participants. Participants may add additional users during the subscription term at the then-applicable discounted rate, prorated for the remainder of the current annual period.
5.2 Plan Changes. Participants may upgrade between Core, Advanced, and Max plans while retaining their current year's discount percentage. Upgrades will be effective immediately, with fees prorated for the remainder of the current annual period. Downgrades are permitted at the end of the current annual period and will take effect upon the next renewal. Discount percentages are retained for downgrades.
5.3 After Year Three. Following the three-year discount period, subscriptions will automatically renew at standard pricing then in effect unless Participant cancels in accordance with the Terms of Service. Participants may switch to any available plan at then-current standard rates.
6. Participant Obligations
6.1 Accurate Information. Applicants must provide accurate information during application. Participants must maintain accurate information throughout the Program and notify Us within fifteen (15) days of any material changes to eligibility status, including but not limited to (a) exceeding twenty-five (25) employees; (b) raising Series B or later funding; (c) acquisition by or merger with another entity; or (d) change in control of the company.
6.2 Acceptable Use. Participant must use Zencoder in accordance with the Terms of Service and AUP. Program benefits are for Participant's own internal business use only. Participant shall not share login credentials or allow access to the Services by any individual who is not an authorized employee or contractor of Participant.
6.3 Publicity. Participant hereby grants Us a non-exclusive, worldwide, royalty-free license to use Participant's name, logo, and other trademarks or service marks in marketing materials, including but not limited to the Zencoder website, social media, and promotional content. We will seek Participant's prior written approval before publishing case studies, detailed testimonials, or quotes attributed to Participant, and we agree to use Participant's marks in accordance with any reasonable brand guidelines Participant provides.
7. Restrictions
7.1 Non-Transferable. Program benefits cannot be transferred, resold, assigned, or shared with other companies or individuals.
7.2 No Resale. Reselling or redistributing Zencoder access obtained through the Program is strictly prohibited.
7.3 Single Account. Program benefits apply to one Zencoder organization account per Participant.
7.4 No Circumvention. Participants shall not create or use subsidiary entities, shell companies, or other corporate structures for the purpose of obtaining additional Program benefits or circumventing Program eligibility requirements or restrictions.
8. Termination
8.1 Termination by Participant. Participants may cancel their subscription at any time by providing written notice to Us. Cancellation will be effective at the end of the then-current annual subscription period. No refunds will be provided for the remainder of the current annual period, except as required by applicable law or as set forth in the Terms of Service.
8.2 Termination by Us for Cause. We may terminate Participant's Program membership immediately upon written notice if:
(a) Applicant or Participant provided false or misleading information in the application
(b) Participant violates these Program Terms, the Terms of Service, or the AUP
(c) Participant attempts to transfer, resell, or share Program benefits
(d) Participant fails to pay any amounts due within thirty (30) days of the applicable due date
8.3 Termination by Us for Eligibility Change. If Participant no longer meets the eligibility requirements set forth in Section 2 (including but not limited to exceeding twenty-five (25) employees or raising Series B or later funding), We may, upon written notice:
(a) Allow Participant to complete the current annual subscription term at the then-applicable discount rate, after which Participant will transition to standard pricing; or
(b) Transition Participant to standard pricing immediately, with a prorated credit applied for any prepaid discounted fees for the remainder of the then-current annual period.
We will use reasonable efforts to provide at least thirty (30) days' notice before transitioning Participant to standard pricing under this Section 8.3.
8.4 Effect of Termination. Upon termination for cause under Section 8.2, all discounts are immediately revoked, and Participant may be converted to standard pricing or have their account suspended, at Our sole discretion. No refunds will be provided for termination under Section 8.2. Termination shall not affect any rights or obligations that accrued prior to termination. Upon termination or expiration, Participant may export their data in accordance with the Terms of Service. The provisions of Sections 6.3 (with respect to licenses already granted), 7, 10, 11, 12, and 14 shall survive any termination or expiration of these Program Terms.
9. Program Modifications
9.1 Changes to Terms. We reserve the right to modify these Program Terms at any time. Material changes will be communicated to current Participants at least thirty (30) days in advance via email to the address associated with Participant's account. Continued participation following the effective date of any changes constitutes acceptance of the modified terms. If Participant does not agree to the modified terms, Participant may terminate participation in accordance with Section 8.1.
9.2 Changes to Benefits. We may modify discount percentages, eligible plans, or other benefits for future Applicants at any time. Subject to Section 9.3, existing Participants retain their agreed-upon discount percentages for the duration of the three-year discount period, provided Participant remains in continuous good standing and maintains an active paid subscription.
9.3 Program Discontinuation. We may discontinue the Program at any time upon thirty (30) days' written notice to current Participants. Notwithstanding Section 9.2, upon Program discontinuation, existing Participants will be honored for the remainder of their current annual subscription term at the then-applicable discount rate. Upon Program discontinuation, no new applications will be accepted, and Participants will transition to standard pricing at the end of their current annual term.
10. Disclaimers
10.1 No Guarantees. Meeting eligibility requirements does not guarantee acceptance into the Program. We reserve the right to accept or reject any application at Our sole discretion.
10.2 No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" ACCORDING TO THE TERMS OF SERVICE. PROGRAM PARTICIPATION DOES NOT GUARANTEE ANY PARTICULAR LEVEL OF SERVICE AVAILABILITY, UPTIME, PERFORMANCE, OR SUPPORT RESPONSE TIMES BEYOND WHAT IS SPECIFIED IN THE TERMS OF SERVICE OR ANY APPLICABLE SERVICE LEVEL AGREEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF THE SERVICES FOR YOUR PARTICULAR USE CASE OR BUSINESS NEEDS.
11. Limitation of Liability
11.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL FOR GOOD OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATED TO YOUR APPLICATION TO OR PARTICIPATION IN THE PROGRAM, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
11.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PROGRAM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS ACTUALLY PAID BY YOU TO FOR GOOD UNDER THE PROGRAM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
11.3 Basis of the Bargain. THE FOREGOING LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 11 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. WE WOULD NOT OFFER THE PROGRAM DISCOUNTS WITHOUT THESE LIMITATIONS.
12. Indemnification
To the fullest extent permitted by applicable law, You are responsible for Your application to and participation in the Program, and You shall indemnify, defend, and hold harmless For Good and its subsidiaries, affiliates, successors, assignees, and their respective shareholders, directors, employees, consultants, and agents from and against any liabilities, costs, damages, fees, or claims made or brought by a third party arising out of: (a) Your breach of these Program Terms, the Terms of Service, or the AUP; (b) any misrepresentation of eligibility information in Your application; (c) Your violation of any applicable law, rule, or regulation; or (d) Your use of the Zencoder Services in connection with the Program.
13. Data Privacy
13.1 Application Data. Information submitted during the application process will be processed in accordance with Our Privacy Policy, available at https://zencoder.ai/legal/privacy-policy. We may use application information to verify eligibility, administer the Program, and communicate with Applicants and Participants regarding the Program and related Zencoder offerings.
13.2 Third-Party Verification. Applicants acknowledge and consent to Our use of third-party data sources (including but not limited to Crunchbase, Pitchbook, LinkedIn, and similar services) to verify eligibility information provided in the application.
13.3 Data Processing. To the extent Participant's use of Zencoder Services involves the processing of personal data, such processing shall be governed by the data processing terms set forth in the Terms of Service or any applicable Data Processing Agreement between the Parties.
14. General Provisions
14.1 Governing Law and Dispute Resolution. These Program Terms and any disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws rules, the United Nations Convention on the International Sale of Goods, or the Uniform Computer Information Transactions Act. Any dispute arising out of or relating to these Program Terms shall be resolved in accordance with Section 9 (Governing Law, Waivers, and Binding Arbitration) of the Terms of Service, which is incorporated herein by reference.
14.2 Waiver of Jury Trial and Class Action. BY APPLYING TO OR PARTICIPATING IN THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT THE JURY TRIAL WAIVER AND CLASS ACTION WAIVER SET FORTH IN SECTION 9 OF THE TERMS OF SERVICE APPLY TO ANY DISPUTES ARISING OUT OF OR RELATED TO THESE PROGRAM TERMS. YOU UNDERSTAND AND AGREE THAT YOU AND FOR GOOD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN THE EVENT OF A DISPUTE.
14.3 Severability. If any provision of these Program Terms is held by a court of competent jurisdiction to be unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Program Terms shall remain in full force and effect.
14.4 Entire Agreement. These Program Terms, together with the Terms of Service, AUP, Privacy Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between the Parties with respect to the Program and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the Program.
14.5 Waiver. No failure or delay by Us in exercising any right under these Program Terms shall constitute a waiver of that right.
14.6 Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent. We may assign these Program Terms and all rights granted under these Program Terms at any time without notice or consent.
14.7 Notices. Notice(s) to You from Us may be made via email or through the Services, which shall satisfy any legal requirement that such communications be in writing. Notice(s) from You to Us shall be in writing, mailed to For Good AI Inc., 500 W Hamilton Ave, 112550, Campbell, CA 95008, USA, with copy via email to notice@zencoder.ai.
14.8 Independent Contractors. The Parties are independent contractors. Nothing in these Program Terms creates a partnership, joint venture, agency, or employment relationship between the Parties.
14.9 Contact. For questions about the Program, eligibility, or these Program Terms, please contact startups@zencoder.ai.