Last Updated: October 20, 2024

The following terms “For Good”, “We”, “Us” or “Our” shall mean For Good AI Inc.

The following terms “You” or “Your” refers to the individual person, company, entity or organization that is using the Services (defined below). 

For Good and You may be referred to in these Terms each as a “Party” and collectively as the “Parties”.

All other defined terms shall be capitalized and bolded for easy reference.

THESE TERMS OF SERVICE ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FOR GOOD AI INC. SECTION 9 OF THESE TERMS 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. BY CLICKING “I ACCEPT” OR A SIMILAR BUTTON PROVIDED BY FOR GOOD BEFORE ACCESSING ANY OF OUR SERVICES, OR BY USING ANY PORTION OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (COLLECTIVELY, “THESE TERMS”), INCLUDING ANY CHANGES MADE IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CANNOT MEET THE RESPONSIBILITIES OUTLINED BELOW, OR ARE IN BREACH OF THESE TERMS, YOU DO NOT HAVE PERMISSION TO USE THE SERVICES.

 

  1. SERVICE.
    1. Service-Related Definitions. 
      1. “Beta Services” includes software, services, or features of the Services that are in alpha, beta, evaluation, trial, or pre-release form.
      2. “Services” means, collectively, hosted or downloadable software, applications, APIs, generative AI offerings, service manuals, documentation, and other services provided by Us for Trial, Free or Paid Accounts, including any updates thereto. 
      3. “Your Content” means content submitted by You to the Services (“Input”) and the content the Services provide back to You based on that Input (“Output”), but does not include Feedback, Usage Data, or Our Technology (each defined below). 
    2. Access to the Services.  Subject to Your adherence to these Terms, We grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services (via Trial Account, Free Account, or Paid Account, each defined below, and sometimes referred to as “Your Account” as applicable), solely as authorized herein. For purposes of clarity, You acknowledge that Your license to use the Services is limited by these Terms—if You violate these Terms or do not agree to any of these Terms, Your license to use the Services shall immediately terminate, and You shall immediately stop using the Services. We reserve the right, in our sole discretion, to immediately suspend all or part of the Services, or terminate them, with or without notice to You.
    3. Beta Services. We may offer Beta Services as part of the Services; in which case the following terms shall apply. You acknowledge and agree that Beta Services, if any, are provided to You on a temporary basis, are not generally available, and are provided “AS-IS” and “as-available” without any warranties of any kind, express or implied. We have the sole discretion in deciding whether to continue offering Beta Services, if any, and may change or terminate any Beta Services at any time for any reason. We are not responsible for Your use of or reliance on Beta Services and any information that You provide or make available during the trial or beta service may be permanently deleted. 
    4. Trials for New Customers. New customers may be eligible for a short-term trial of our Services at no charge (“Trial”). During a Trial, Your Account is designated as a “Trial Account.” If granted access to a Trial, the Trial begins when You register a Trial Account and continues until the earlier of: (i) Your deletion of the Trial Account; (ii) the Subscription Start Date (Section 2.1); or (iii) the termination of Your Trial access at Our sole discretion. At the end of the Trial, the Trial Account will automatically be downgraded to a Free Account (defined below) unless you choose to upgrade to a Paid Account. Any data or information You provide through the Services during the Trial may be permanently deleted unless You upgrade to a Paid Account or export Your Content before the Trial ends. The Services during a Trial are offered "AS-IS" and “as-available” without warranties of any kind, express or implied. We are not liable for any issues arising from Your use of the Services during the Trial, except where such liability cannot be excluded under applicable law. In such cases, Our liability will be limited to $100. You will remain responsible for any damages resulting from misuse of the Services or breaches of these Terms during the Trial.  

  2. FEES & PAYMENT TERMS (FOR PAID ACCOUNTS)
    1. Subscription Services (for Paid Accounts). The Services may include subscription-based paid plans or features that You may order through the Services (“Subscription”). The Subscription start date will be the day You first purchase the Subscription through the Services (“Subscription Start Date”) and will continue for the entirety of the initial term of the Subscription as outlined in Your order through the Services (“Initial Term”). After the Initial Term, each Subscription will automatically renew for the same duration as the Initial Term (e.g., 1 month or 12 months, whichever is applicable) for successive renewal periods (each a “Renewal Term”), unless You opt-out of the then-upcoming Renewal Term prior to its start by “downgrading” Your Subscription through the Services or by terminating Your Account in accordance with Section 3.2. The Initial Term and any Renewal Term(s), together are the “Subscription Term.” During the Subscription Term, Your Account is designated as a “Paid Account.” A “Free Account” refers to an Account maintained without a Subscription to access advanced features only available for Paid Accounts. 
    2. Fees (for Paid Accounts).  Subscription Services require payment of fees as outlined in Your order with Us (“Fees”). All Fees are quoted and payable in United States dollars, payment obligations for the Subscription Term are non-cancelable, and Fees paid are non-refundable except as described in Section 3.2.3 below. Subscription Fees are based on the Subscription purchased and not Your actual usage.  For purposes of clarity, the Subscription purchased cannot be decreased during a Subscription Term and any request to downgrade Your Subscription will only apply to the next-applicable Renewal Term. We reserve the right to increase Fees by providing notice to You of such increase at least forty-five (45) days before the commencement of the applicable Renewal Term. Notwithstanding the foregoing, all annual Subscriptions are subject to a year-over-year seven percent (7%) price increase upon each applicable Renewal Term (if any) to account for inflation, enhanced features, and improved service quality. 
    3. Taxes (for Paid Accounts).  Fees are exclusive of and do not include any direct or indirect local, state, federal or foreign taxes, levies, duties, or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, "Taxes").  You are responsible for paying all Taxes associated with Your purchases hereunder, excluding taxes based on For Good's net income, receipts, or property.  If For Good has the legal obligation to pay or collect Taxes for which You are responsible under this section, the appropriate amount shall be paid by You.

  3. TERM & TERMINATION.
    1. Term. These Terms are effective on the earlier of (a) Your acceptance of these Terms by clicking “I accept”, (b) Your first access or use of the Services, or (c) Your Subscription Start Date, if applicable. These Terms will continue until terminated in accordance with Section 3.2.
    2. Termination.  
      1. You may downgrade from a Paid Account to a Free Account or cancel Your Account or Your Subscription at any time by making such request in the Services directly or contacting Us at support@zencoder.ai. If You have an active Subscription as outlined above in Section 2.1, You are responsible for paying all Fees due on the entirety of Your then-current Subscription Term and You acknowledge that You are not entitled to any refund for pre-paid but unused Fees on Your then-current Subscription Term. 
      2. We may terminate Your Subscription and Your Account if: (a) We are required to do so by applicable law or regulations; or (b) We reasonably believe, in our sole discretion, that You are in breach these Terms. If You have an active Subscription as outlined above in Section 2.1, You acknowledge and agree that You are not entitled to any refund or return of any pre-paid but unused Fees on Your Subscription Term if We terminate Your Subscription in accordance with this Section 3.2.2. 
      3. We may terminate Your Subscription and Your Account at any time for any or no reason, and without liability to You arising from such termination. If You have an active Subscription as outlined above in Section 2.1, You acknowledge that You are only entitled to a refund for pre-paid but unused Fees on Your Subscription Term if We terminate Your Subscription in accordance with this Section 3.2.3.
    3. Effect of Termination.  The following provisions shall survive any termination or expiration of these Terms: Section 3.3 (Effect of Termination), Section 4 (Mutual Proprietary Rights), Section 5.3 (Your Use Restrictions), Section 6 (Warranties and Disclaimers), Section 7 (Indemnification), Section 8 (Limitation of Liability), Section 9 (Governing Law, Waivers, and Arbitration), and Section 10 (Miscellaneous Provisions).

  4. MUTUAL PROPRIETARY RIGHTS
    1. Your Content.  As between Us and You and to the extent permitted by applicable law, You retain sole responsibility and ownership of all rights, title, and interest in and to all of Your Content. You are responsible for all Input and represent and warrant that You have the requisite rights and licenses to provide such Input to the Services. You acknowledge that by the unique nature of the Services, the Output may sometimes be erroneous and/or subject to third-party rights, including open-source licenses. We do not make any representation or warranty as to the rights, title, or interest into said Output and You acknowledge it is Your sole responsibility and obligation to review the accuracy and appropriateness of the Output before Your use. By creating a Trial Account or Paid Account and accessing the Services, You grant Us a non-exclusive, transferable, sublicensable, royalty-free license to use Your Content solely to: (a) provide the Services to You during the applicable Trial or Subscription Term; (b) make performance enhancements to the Services, including but not limited to benchmarking our systems and models to select the best performing options; and (c) with Your further consent, to fine-tune or train AI models to function more effectively. By creating or using a Free Account and accessing the Services at no cost to You, You grant Us a non-exclusive, transferable, sublicensable, royalty-free license to use Your Content solely to: (x) provide the Services to You for as long as you continue to maintain a Free Account; (y) make performance enhancements to the Services, including but not limited to benchmarking our systems and models to select the best performing options; and (z) fine-tune or train AI models to function more effectively. 
    2. Feedback. If You choose to provide optional suggestions, ideas, recommendations, bug reports, corrections, Output ratings, or other feedback regarding the Services (“Feedback”), We, in our sole discretion, are free to reproduce, make, use, create derivative works of, publicly perform, display, import, transmit, distribute, license, sell, offer to sell, or otherwise dispose of such Feedback, without payment of compensation or any other obligation of any kind to You. We are also entitled not to use Your Feedback for any or no reason.
    3. Usage Data. We may collect, generate, and derive performance, analytical, or usage data relating to Your access to or use of the Services (“Usage Data”). Usage Data will not include any of Your Content. We will only use Usage Data to provide the Services to You (including by monitoring the performance and stability of the Services working to prevent or address technical issues with the Services, and improving the Services), to improve our products and services generally, and to create and distribute reports and other materials regarding use of the Services that cannot be associated with You or any other organization or individual. Usage Data will be deemed Our Technology (defined below). For purposes of clarity, nothing in this Section 4.3 gives Us the right to identify You to third parties as a source of or contributor to any Usage Data.
    4. Intellectual Property Rights. You acknowledge that the Services and Our Technology, to which You will be given access under these Terms, are covered by or subject to IP Rights (defined below) owned by Us, and We do not convey to You any rights of ownership in or related to the Services, Our Technology (defined below), or the IP Rights owned by Us and Our suppliers. You further acknowledge that Our business model, including the pricing of Our Services and our decision to provide the Services to You at no charge, is based on: (a) Us retaining sole and exclusive ownership of all IP Rights in the Services and Our Technology;  (b) Us providing to You a limited license to use the Services and Our Technology in accordance with the limitations set forth in these Terms; and (c) You granting Us a license to Your Content as outlined in these Terms. “IP Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, registrations, derivatives thereof, and forms of protection of a similar nature anywhere in the world. “Our Technology” means Our proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information).  

  5. MUTUAL RESPONSIBILITIES
    1. Our Responsibilities.  We shall use commercially reasonable efforts to maintain the security and integrity of the Services and Your Content.
    2. Your Responsibilities. 
      1. Minimum Age: You must be at least 18 years of age to access and/or use the Services.
      2. Acceptable Use: You agree to access and/or use the Services for internal business use, in compliance with these Terms, including but not limited to the actions outlined in Your Use Restrictions (below).
      3. Account Creation & Maintenance: To access or use the Services, You will be asked to create an account with login credentials (“Account”). You are deemed as an authorized representative of a company, entity, or organization if You are using Your company, entity, or organization email address when creating an Account. By creating an Account, You agree that You are responsible for all activity in Your Account. You will ensure that Your Account information will always be accurate and current. It is prohibited for You to share Your Account (or Your Account information) with any other third person or entity and You agree to notify Us immediately if You become aware of any authorized access to or use of Your Account.
      4. Your Content: By using the Services, You agree that You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Content. 
      5. Geography: If the Services or any portion thereof are determined to be illegal under the laws of the country in which You are located, You must refrain from using the Services.
    3. Your Use Restrictions.  You shall not, nor shall You aid or permit a third person, entity, or robot to, attempt to or actually:  (a) include personal data in Your Content; (b) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, or otherwise modify any aspect of the Services or Our Technology; (c) use another user interface than what is organically provided by Us, or use robotic automation for the user interface; (d) call Our APIs without prior explicit written permission from Us at support@zencoder.ai; (e) decompile, disassemble, reverse engineer, or discover the underlying source code or structure of, or copy the Services or Our Technology; (f) insert malicious or harmful material into the Services with the intent to manipulate it or damage it, extract prompts, or otherwise use it in a way that is different from the legitimate software development activities; (g) insert poisonous data, or run any activity or actions that might harm, exploit, or undermine the Services or the Content of any third party; (h) interfere with, disrupt, or gain unauthorized access to the Services or the data therein; (i) upload to the Services or use the Services to send or store viruses, worms, time bombs, backdoor, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (j) transfer to the Services or otherwise use any code, exploit, or undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm or provide unauthorized access to the Services; (k) use any robot, spider, data scraping, or extraction tool or similar mechanism with respect to the Services; (l) use the Services to send or create infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third-party privacy or personal rights; (m) use the Services for generating code that is designed for any illegal activity, including but not limited unsolicited emails and cybersecurity violations; (n) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party;  (o) use distillation techniques to extract the AI responses/preferences of Our Technology to train/fine-tune or build a competitive product or service, or copy any ideas, features, functions or graphics of the Services, or extract information from the Services in furtherance of competing with Us; (p) access the Services in order to benchmark the Services without first getting written approval from Us at support@zencoder.ai; (q) provide Us Feedback or Your Content that is unlawful, defamatory, harassing, discriminatory, or infringing of third party intellectual property rights; or (r) use the Services in violation of applicable laws. 
    4. Export Control. The Services are subject to U.S. export control and economic sanctions laws as administered and enforced by the Office of Foreign Assets and Control of the United States Department of Treasury. You will not access or use the Services if You or any Authorized Users are in any jurisdiction in which the provision of the Services, software, or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You will not provide access to the Services to any government, entity, or individual located in any Prohibited Jurisdiction. You represent and warrant that: (a) You are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) You are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) You will not permit any individual to access or use the Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) You will comply with all applicable laws regarding the transmission of technical data exported from the United States and the countries in which You are located.

  6. WARRANTIES AND DISCLAIMERS.
    1. Warranties.  Each Party represents and warrants that it has the legal power and authority to enter into these Terms. Additionally, by using any portion of the Services, You represent and warrant that to Us: (a) You are at least 18 years of age; (b) You will only access and use the Services in compliance with these Terms and any and all applicable law(s); (c) Your Feedback (if any) and Your Content is not libelous, defamatory, obscene, indecent, harassing, hateful or violent; (d) Your Content is not intended to harm Us or any third party; (e) You have all requisite consents, rights and authority to use Your Content and its use does not violate these Terms, the rights of a third party, or any and all applicable law(s); (f) Your Content does not include viruses or other harmful codes; and if You are entering into these Terms on behalf of Your company, entity, or organization (“Organization”), then (g) You are authorized to bind the Organization to these Terms, (h) Your acceptance of these Terms is binding to the Organization, and (z) references to You will also include the Organization.
    2. Disclaimers.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE SERVICES, INCLUDING ALL MATERIALS, CONTENT, OUTPUT, AND THIRD-PARTY PRODUCTS OR SERVICES, ARE PROVIDED "AS IS" AND “AS AVAILABLE.” FOR GOOD, ITS AFFILIATES, SUPPLIERS, AND ITS LICENSORS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTY ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT THE SERVICES, INCLUDING OUTPUT OR ANY MATERIALS OR CONTENT OFFERED ON OR THROUGH THE SERVICES, ARE ACCURATE, COMPLETE, ERROR-FREE, WILL BE FREE OF CONTENT THAT INFRINGES THIRD PARTY RIGHTS, OR WITHOUT VIRUSES OR OTHER HARMFUL COMPONENTS NOR DO WE WARRANT THAT THE FOREGOING ISSUES (IF ANY) WILL BE CORRECTED. BY ACCESSING AND USING THE SERVICES, YOU AGREE THAT YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USING OUTPUT GENERATED FROM THE SERVICE AND IT IS YOUR SOLE RESPONSIBILITY TO REVIEW THE ACCURACY AND APPROPRIATENESS OF THE OUTPUT BEFORE YOUR USE.

  7. INDEMNIFICATION.
    To the fullest extent permitted by applicable law, You are responsible for Your use of the Services 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 Input; (b) Your use of Output; (c) Your use of the Services in violation of these Terms; or (d) Your failure to comply with applicable law, including with respect to export law. 

  8. LIMITATION OF LIABILITY.  
    1. Exclusion of Consequential and Related 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) IN CONNECTION WITH THESE TERMS, YOUR ACCESS TO OR USE OF THE SERVICES, THE OUTPUT OR ANY MATERIALS OR CONTENT MADE OR PROVIDED ON OR THROUGH THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
    2. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY OF ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR ACCESS TO OR USE OF THE SERVICES, THE OUTPUT OR ANY MATERIALS OR CONTENT MADE ON OR THROUGH THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FOR GOOD FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, OR (B) $100.00 USD. THE FOREGOING LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

  9. GOVERNING LAW, WAIVERS, AND BINDING ARBITRATION
    1. Governing Law and Venue. These 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. Both Parties consent to the exclusive personal jurisdiction and venue in the State and Federal courts within Santa Clara County, California, U.S.A. for resolution of any lawsuit or court proceeding permitted under these Terms. Notwithstanding the foregoing, Parties will act in good faith to resolve any disputes.
    2. Waiver of Jury Trial. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FOR GOOD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN THE EVENT OF A DISPUTE. EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING WITHOUT LIMITATION COUNTERCLAIMS REGARDING SUCH DISPUTES. THE WAIVER IN THE PRECEDING SENTENCE APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY.
    3. Waiver of Class Action. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN THE EVENT OF A DISPUTE RELATED TO THESE TERMS OR THE SERVICES. NEITHER PARTY SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FOR GOOD EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    4. Binding Arbitration. You and For Good each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms or the Services by binding arbitration via JAMS (www.jamsadr.com). The arbitration proceeding will be conducted in English and take place in Santa Clara County, California. Each Party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance to JAMS rules. The arbitrator’s award will include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing provisions on binding arbitration, You acknowledge and agree that For Good is entitled to seek injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened breach of security of Our Technology or violation of our proprietary rights.

  10. MISCELLANEOUS PROVISIONS.
    1. Entire Agreement.  These Terms constitute the entire agreement between the Parties regarding Your use of the Services, and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. The Parties are not relying and have not relied on any representations or warranties whatsoever regarding the subject matter of these Terms, express or implied, except for the representations and warranties set forth in these Terms.
    2. Additional Terms. Your use of the Services may be subject to additional terms, documentation and policies applicable to the Services that We post online or in the Services, including but not limited to our Privacy Policy (“Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    3. Modifications. We may change these Terms. It is Your responsibility to check these Terms periodically for changes. You acknowledge and agree that non-material revisions will be effective immediately upon publication and all other changes will be effective to already-existing Accounts at the time of publication thirty (30) days after posting online at https://zencoder.ai/terms-of-service or upon written notice to You. If You do not agree to the modified terms, then You should immediately discontinue Your use of the Services.
    4. Waiver.  No failure or delay by Us in exercising any right under these Terms shall constitute a waiver of that right.
    5. Severability. If any provision of these 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 Terms shall remain in full force and effect. 
    6. Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Us. We may assign these Terms and all rights granted under these Terms, including with respect to Your Content, at any time without notice or consent.
    7. Email Communications. We may communicate directly with You via email with respect to any support, training, product updates, release notes, best practices or other information related to any Services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
    8. Publicity. Either Party may reference the name and logo of the other Party in lists of its customers or vendors, unless or until the other Party provides direction not to do so via written notice.
    9. 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. 
    10. Contact Information. The Services are offered by For Good AI Inc. Our mailing address is For Good AI Inc., 500 W Hamilton Ave, 112550, Campbell, CA 95008, USA. You may contact Us by sending mail to the foregoing address or by emailing contact@zencoder.ai.