The terms that govern use of the Zyric application and services.
These Terms of Service ("Terms") are an agreement between Zyric, Inc., a Delaware corporation ("Zyric," "we"), and the company or person using our subcontractor coordination platform, websites, and related services (the "Service"). By creating an account, accessing the Service, or clicking to accept, you agree to these Terms. If you use the Service for an organization, you represent that you are authorized to bind that organization, and "you" means the organization.
Zyric helps general contractors coordinate subcontractors: outreach, scheduling confirmations, follow-ups, document requests, and reliability signals, delivered through a web application, SMS, and email. The Service is early-stage software and may change, add, or remove features as it develops. Features identified as pilot, beta, or preview are provided for evaluation and may be modified or discontinued at any time.
Fees. The Service is currently provided at no charge during the pilot. We will give you notice before introducing any fees, and any paid features will be described before you are charged.
Subcontractor and vendor personnel who receive messages through the Service are covered by the SMS terms in Section 7 and can opt out at any time as described there. The general contractor you work with controls its project data; our role in handling your information is described in the Privacy Policy.
You will not, and will not permit anyone to:
We may suspend access immediately where we reasonably believe use violates this Section or creates risk to recipients, carriers, other customers, or the Service.
You retain ownership of the data and content you submit to the Service ("Customer Content"). You grant Zyric a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Content solely to provide and support the Service, as you instruct through the Service, and as required by law. You are responsible for the accuracy of Customer Content and for having the rights to provide it, including the contact information of people you ask the Service to message.
Personal data within Customer Content is handled under our Privacy Policy and, for customers with a signed agreement, the data protection terms in that agreement. We may use data that is aggregated or de-identified, so that it identifies no person, customer, or project, to operate and improve the Service.
The Service relies on third-party providers (such as hosting, database, SMS, and email providers). We are not responsible for third-party services we do not control, but we choose providers carefully and bind them to data-protection obligations as described in the Privacy Policy and our customer agreements.
Zyric and its licensors own the Service, its software, design, and documentation. These Terms grant you a limited right to use the Service, not any ownership. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. OUTPUTS OF THE SERVICE, INCLUDING RELIABILITY SIGNALS, ESCALATIONS, AND AI-ASSISTED SUGGESTIONS, ARE DECISION SUPPORT ONLY; YOU REMAIN RESPONSIBLE FOR YOUR PROJECT AND BUSINESS DECISIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYRIC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA. ZYRIC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID ZYRIC IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (B) FIVE HUNDRED U.S. DOLLARS (US $500). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold harmless Zyric from third-party claims, and resulting damages, costs, and reasonable defense costs, arising from Customer Content, from your breach of Section 5 (Acceptable use), or from messages sent at your direction to persons you were not authorized to have contacted.
You may stop using the Service at any time. We may suspend or terminate access for breach of these Terms, legal risk, or extended non-use, with notice where practicable. On termination, your right to use the Service ends; data deletion and return follow the Privacy Policy and any signed agreement. Sections 6 (license to aggregated/de-identified data), 9, 10, 11, 12, and 15 survive.
We may update these Terms as the Service evolves. We will post the updated Terms with a new effective date and, for material changes, give notice through the Service or by email. Continued use after the effective date constitutes acceptance.
These Terms are governed by the laws of the State of Delaware, without regard to conflicts rules. Before filing any claim, the parties will try in good faith to resolve the dispute informally for 30 days starting from written notice to Zyric at the address below. Unresolved disputes will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to their jurisdiction.
If you have a signed agreement with Zyric (such as a pilot or services agreement), that agreement controls over these Terms to the extent of any conflict. These Terms plus the Privacy Policy are otherwise the entire agreement about the Service. If a provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor in a merger, acquisition, or sale of assets.
Zyric, Inc. · 2810 North Church Street, Wilmington, DE 19802, United States