Tzunami Terms of Use

Effective Date: Jan 01 2026

These Terms of Use (“Terms”) govern your access to and use of the Tzunami Services, including any associated software, web applications, and support resources (collectively, the “Service”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility & Acceptance
   You must be at least 18 years old and legally capable of entering into contracts to use the Service. By using the Service, you represent that you meet these criteria.
2. Use of the Service
   Tzunami grants you a non-exclusive, non-transferable, limited right to access and use the Service during the subscription term solely for your internal business purposes and in accordance with these Terms.

If the Service includes a downloadable component (e.g., agent or connector), you may install and use it solely in connection with your authorized access to the Service. All rights not expressly granted are reserved.

You may not:

• Reverse engineer, disassemble, or attempt to discover the source code
• Use the Service to violate laws or third-party rights
• Use the Service to operate a service bureau or for the benefit of others unless explicitly permitted

3. Subscriptions and Payments
   Access to the Service may require payment. You agree to pay all fees as outlined during signup or in your Order. Unless otherwise stated, subscriptions auto-renew and are billed in advance.

All fees are non-refundable, including in cases of early cancellation, partial use, or dissatisfaction with the Service, except as required by applicable law.

4. Customer Data and Privacy
   You retain all rights to any files, content, or data you upload or process using the Service (“Customer Data”). Tzunami does not claim ownership of your data and will not use it except to provide and support the Service.

Tzunami will not access your content unless explicitly authorized by you or required to comply with applicable law. We do not mine, sell, or derive value from Customer Data.

To the extent Customer Data contains personal data subject to GDPR, CCPA, or similar laws:

• You act as data controller/business; Tzunami acts as data processor/service provider
• Tzunami processes such data solely to provide the Service and not for other purposes
• Tzunami does not sell or share personal data as defined under CCPA

You are responsible for obtaining all necessary rights and consents to use Customer Data with the Service.

5. Data Loss, Errors, and External Changes
   You acknowledge that data migration or backup involves risk. Tzunami is not responsible for:

• Data loss due to factors outside our control
• Errors caused by misconfiguration, misuse, or third-party platform issues
• Manual deletions or changes made by you or others in your destination systems

You are solely responsible for keeping backups and reviewing migration results.

6. Security and Breach Notification
   Tzunami uses reasonable safeguards to protect your data but does not guarantee security. No system is 100% secure.

You agree to:

• Maintain the confidentiality of your credentials
• Notify Tzunami immediately of unauthorized use

In case of a confirmed breach affecting your data, Tzunami will notify you in accordance with applicable law.

7. Intellectual Property
   Tzunami retains all rights, title, and interest in the Service, including software, documentation, and branding. You may not use our trademarks or name without prior written permission.
8. Termination
   You may terminate your account at any time. Tzunami may suspend or terminate your access:

• For breach of these Terms
• For legal or security reasons
• Upon notice for convenience

Upon termination:

• Your right to use the Service ceases
• Tzunami will delete your stored content within a reasonable time
• No refunds will be issued for past payments

9. Indemnification
   You agree to indemnify and hold harmless Tzunami and its affiliates from any claims, losses, or liabilities arising out of:

• Your use of the Service
• Your breach of these Terms
• Your content or interactions with third parties

10. Disclaimers and Limitation of Liability
    The Service is provided “AS IS” and “AS AVAILABLE”. Tzunami disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

Tzunami is not liable for indirect, incidental, or consequential damages. Total liability is limited to the amount you paid in the past 12 months. Some jurisdictions do not allow certain limitations, so they may not apply to you.

11. Governing Law and Dispute Resolution
    These Terms are governed by the laws of the State of Delaware, USA. All disputes must be resolved in the courts of Delaware. You waive the right to participate in class actions or jury trials.
12. Changes to These Terms
    Tzunami may update these Terms at any time. If changes are material, we will provide notice. Continued use of the Service constitutes acceptance of the updated Terms.
13. Contact
    For questions or legal notices:
    Tzunami Inc.
    245 Park Ave, New York, NY 10167
    [email protected]