Zynkex — Terms of Service

Effective date: May 27, 2026

Last updated: May 27, 2026

These Terms of Service (the "Terms") form a legal agreement between you ("you", "user") and Zynkex, Inc. ("Zynkex", "we", "us", "our") governing your access to and use of the Zynkex website, web application, and any related products, services, content, and tools (collectively, the "Service").

By creating an account, accessing, or using the Service, you accept and agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

Zynkex provides a web-based brainstorming tool that helps you produce a structured specification document (a "Directive") through an interactive session powered by third-party artificial-intelligence services. Directives are intended to be exported and used downstream — for example, with AI coding tools, designers, or engineering teams — to support the construction of software products, landing pages, agents, bots, or scripts.

The Service is provided on a software-as-a-service basis. Zynkex may add, modify, suspend, or remove features, tiers, content, or other aspects of the Service at any time, with or without notice. Where reasonably practicable, we will provide advance notice of material changes that materially reduce functionality.

2. Eligibility

To use the Service you must:

(a) be at least 18 years old, or the age of majority in your jurisdiction, whichever is greater. If you are between 13 and 17, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. We do not knowingly provide the Service to anyone under 13;

(b) not be a person barred from receiving the Service under the laws of the United States or any other applicable jurisdiction (including export-control or sanctions laws);

By using the Service, you represent and warrant that you satisfy each of the conditions above.

3. Accounts

3.1 Registration. To access most features you must create an account by providing a valid email address, choosing a password, and verifying your email. You agree to provide accurate, complete, and current information and to update it as needed.

3.2 Account security. You are solely responsible for all activity occurring under your account, including any unauthorized use of your credentials. You agree to keep your password confidential and to notify us immediately if you suspect any unauthorized use. We are not liable for any loss or damage arising from your failure to comply with this section.

3.3 One account per individual. Accounts are personal to the individual who creates them. You may not share your account credentials, transfer your account, or permit any other person to access the Service through your account, except as expressly permitted under a team or enterprise plan (when and if such plans are made available).

3.4 Suspension and termination. We may suspend or terminate your account and access to the Service, in whole or in part, at any time and for any reason, including (without limitation) suspected violation of these Terms, suspected fraudulent or unlawful conduct, non-payment, prolonged inactivity, or to protect the integrity of the Service.

4. Subscription Plans, Billing, and Refunds

4.1 Tiers. Zynkex offers free and paid subscription tiers. Each tier includes a stated monthly allocation of brainstorming sessions and certain features. The current tier list, prices, and feature matrix are available at zynkex.com/pricing and may be updated from time to time.

4.2 Payment processor. Paid plans are processed through a third-party payment processor (currently Stripe). By providing payment information you authorize us and our payment processor to charge the applicable fees. You are subject to the payment processor's own terms and privacy policies in addition to these Terms.

4.3 Recurring billing. Subscriptions automatically renew at the end of each billing period (monthly or annually, as selected) at the then-current price for your tier, unless you cancel before the renewal date. By subscribing, you authorize us to charge the renewal fee to your selected payment method on each renewal.

4.4 Cancellation. You may cancel a subscription at any time through your account. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until then. We do not provide pro-rated refunds for partial billing periods except as required by law or as stated in Section 4.6.

4.5 Price changes. We may change subscription prices, session allocations, or fair-use thresholds at any time. For active paying subscribers, material price increases will take effect no earlier than 30 days after we notify you (via email to the address on file or in-product notice). Continued use after the change constitutes acceptance.

4.6 Refunds. New paid subscribers may request a full refund within 7 days of their first paid charge by emailing the address in Section 21. After 7 days, refunds are at our sole discretion. Refunds for renewal charges are not generally provided.

4.7 Taxes. Prices are exclusive of taxes unless stated otherwise. You are responsible for any sales, use, value-added, or similar taxes payable in connection with your subscription, except for taxes based on Zynkex's net income.

4.8 Failure to pay. If a payment fails, we may suspend or terminate paid features without notice. You remain liable for any unpaid amounts.

4.9 California Auto-Renewal Disclosure.

For California residents: Zynkex's paid subscriptions automatically renew at the end of each billing period (monthly or annually, as selected) at the then-current price for your tier, until you cancel. Your payment method will be charged at the frequency and at the price stated at checkout. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period. To cancel, log in to your account and follow the cancellation instructions, or email legal@zynkex.com. For questions about cancellation or billing, contact us at the address in Section 21.

5. Acceptable Use

You agree NOT to use the Service to:

(a) violate any applicable law, regulation, or third-party right (including intellectual-property and privacy rights);

(b) generate, store, or distribute content that is illegal, infringing, defamatory, harassing, threatening, hateful, harmful to minors, or otherwise objectionable;

(c) generate, store, or distribute child sexual abuse material (CSAM), content that promotes terrorism or violent extremism, or content that infringes another party's privacy or publicity rights;

(d) generate content intended to deceive, manipulate, or mislead, including synthetic media designed to impersonate real individuals (deepfakes), disinformation campaigns, or content designed to interfere with electoral processes;

(e) generate content at scale for the purpose of sending unsolicited commercial messages (spam), regardless of the channel through which those messages would be delivered;

(f) attempt to develop, train, build, or improve a competing artificial-intelligence service, large language model, or similar product, including by extracting prompts, outputs, or model behaviour from the Service for that purpose;

(g) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service except to the extent that applicable law expressly permits despite this prohibition;

(h) circumvent, disable, or interfere with security or access-control features of the Service;

(i) probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure;

(j) crawl, scrape, or otherwise harvest data from the Service except by expressly permitted means;

(k) upload viruses, malware, or other harmful code, or use the Service to deliver such code to any third party;

(l) use any automated means (bots, scripts) to access the Service for the purpose of generating bulk content, evading session limits, or generating output beyond your tier's allocation;

(m) use the Service to process personal data of any third party without that third party's lawful basis (including consent where required), or to process special-category personal data (health, biometric, sexual orientation, etc.) of any third party;

(n) impersonate any person or entity, or misrepresent your affiliation with any person or entity;

(o) resell or sublicense the Service to a third party except as expressly permitted by your tier.

We reserve the right to investigate suspected violations and to suspend or terminate your account, remove offending content, and report violations to law enforcement.

6. Your Content

6.1 Definition. "Your Content" means anything you submit to, upload to, generate within, or otherwise provide through the Service, including without limitation:

ideas, briefs, descriptions, and other text you type during a session;

session transcripts, Directives, and outlines generated from them;

brand assets, logos, color palettes, fonts, and any other files you upload (including PDFs, images, or design tokens);

profile information.

6.2 Ownership. You retain ownership of all intellectual-property rights you may have in Your Content, subject to the licenses below.

6.3 License to Zynkex. You grant Zynkex a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, modify (only as necessary to provide and improve the Service), and create derivative works of Your Content, solely as required to provide, secure, and operate the Service for you. This includes the right to:

(a) transmit Your Content to third-party AI providers (currently Anthropic) for the purpose of generating session responses and Directives. Note that Anthropic may process your session content under its standard API terms, which permit use for model improvement purposes. Zynkex does not currently have a zero-data-retention agreement with Anthropic. See our Privacy Notice for full details;

(b) cache, back up, and replicate Your Content across our infrastructure providers (currently Supabase, Vercel) for availability and reliability;

Zynkex does not train its own machine-learning models on Your Content.

6.4 Your representations regarding Your Content. You represent and warrant that:

(a) you own or have all necessary rights, licenses, and permissions to submit Your Content and to grant the licenses above;

(b) Your Content does not violate any third-party right, including intellectual-property, privacy, publicity, or contract rights;

(d) Your Content does not include classified, export-controlled, or otherwise restricted information.

6.5 Removal. Zynkex may remove or refuse to process Your Content at any time and for any reason, with or without notice, including for suspected violation of these Terms or applicable law.

7. AI-Generated Content; Directives; No Warranty of Accuracy

7.1 How outputs are generated. Session responses and Directives are produced by large language models operated by third parties, in response to prompts and structure that Zynkex provides on your behalf. The output is probabilistic and may vary across sessions even when inputs are identical.

7.2 No warranty of accuracy or fitness. Output may be incorrect, incomplete, biased, misleading, dated, or otherwise unsuitable for your purpose. You must not rely on output as legal, medical, financial, tax, engineering, professional, or other regulated advice. You are solely responsible for reviewing, validating, editing, and using outputs at your own risk.

7.3 Similar outputs to other users. Because outputs are generated probabilistically and many users may submit similar prompts, you acknowledge that other users may receive substantially similar or identical outputs. We make no representation that any output is unique to you, and we do not guarantee that your use of a Directive will not conflict with output provided to another user.

7.4 Ownership of Directives. As between you and Zynkex, and subject to applicable law, you own the Directives and outlines you generate from your sessions. We do not claim ownership over your Directives. You may use, modify, distribute, and commercialize your Directives, including handing them to other tools, contractors, or teams. Note that ownership of AI-generated content under copyright law is unsettled in many jurisdictions; we make no representation as to whether your Directive is independently copyrightable.

7.5 Downstream use. You are responsible for any code, designs, products, or other artifacts produced from your Directives by downstream tools or third parties. Zynkex is not a party to and has no responsibility for those downstream outputs, the use of those outputs, or any consequences arising from them.

8. Intellectual Property

8.1 Zynkex IP. The Service, including its software, content, design, graphics, trademarks, logos, structure, and underlying technology (other than Your Content and your Directives) is owned by Zynkex or its licensors and is protected by intellectual-property laws. Except for the limited license granted in Section 8.2, no rights are granted to you in or to the Service.

8.2 License to use the Service. Subject to your compliance with these Terms and payment of applicable fees, Zynkex grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal use (or, in the case of a paid plan, your business's internal use) during the term of your subscription.

8.3 Trademarks. "Zynkex" and the Zynkex logo are trademarks of Zynkex. You may not use them without our prior written consent, except in a factual reference to the Service.

8.4 Feedback. If you provide Zynkex with feedback, suggestions, or improvement ideas about the Service, you grant Zynkex a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and otherwise exploit that feedback for any purpose, without obligation or attribution to you.

9. Privacy

Your use of the Service is also governed by our Privacy Notice, which describes what personal data we collect, how we use it, and your rights. By using the Service you acknowledge our Privacy Notice.

10. Third-Party Services and Materials

The Service depends on, integrates with, or links to services provided by third parties — including (without limitation) Anthropic (AI inference), Supabase (database and authentication), Vercel (hosting and edge runtime), Stripe (payments), Sentry (error reporting), and Google Fonts (web typography). Zynkex does not control these third parties and is not responsible for their services, terms, privacy practices, availability, accuracy, or content. Your use of those third-party services may be subject to their own terms and privacy policies.

We may add, remove, or replace third-party providers at our sole discretion, including providers that process Your Content (for example, switching from one AI inference provider to another). Where reasonably practicable, we will note material provider changes in our Privacy Notice.

11. Confidentiality of Sessions

Zynkex treats the contents of your brainstorming sessions, project records, and your Directives as confidential to your account. We do not share session content with third parties except (i) the AI inference providers we use to generate responses (currently Anthropic), under their applicable terms; (ii) infrastructure providers that store the data on our behalf (currently Supabase, Vercel) under standard SaaS data-processing arrangements; (iii) as required by law or valid legal process; or (iv) with your express consent.

This Section 11 does not create any non-disclosure agreement between Zynkex and you. If your use case requires a stand-alone NDA or data-processing agreement, please contact us at the address in Section 21 to discuss enterprise terms.

12. Beta and Service Changes

The Service may include features designated as "beta," "early access," "preview," or similar. Beta features are provided as-is and may be unstable, incomplete, removed, or changed without notice. Output and behaviour from beta features may not match the production Service.

We may, at any time and at our sole discretion: modify, suspend, or discontinue all or any part of the Service; change the features included in any tier; change the session count, fair-use thresholds, or other usage limits; switch infrastructure or AI providers; and stop offering the Service entirely. We will use reasonable efforts to notify paying subscribers of material changes that adversely affect them.

13. Termination

13.1 By you. You may terminate your account at any time by following the deletion flow in your account settings or by emailing the address in Section 21.

13.2 By Zynkex. We may suspend or terminate your account, with or without notice, if (a) you breach these Terms; (b) we are legally required to do so; (c) we cease offering the Service or your subscribed tier; (d) your account is inactive for an extended period; or (e) we believe, in our sole reasonable discretion, that continued provision of the Service to you presents a security, legal, financial, or reputational risk to Zynkex.

13.3 Effect of termination. On termination: (a) your right to access the Service ends immediately; (b) we may delete Your Content, including session history, project records, and Directives, in accordance with our Privacy Notice; (c) any fees paid are non-refundable except as required by law or under Section 4.6; and (d) the following Sections survive: 6.3 (existing license to Zynkex for any retained content), 7, 8, 9, 13.3, 14, 15, 16, 17, 18, 19, 20, 21.

We strongly recommend you export your Directives before terminating; we are not obligated to provide access to deleted content after termination.

14. Disclaimers

14.1 The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, Zynkex disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, availability, error-free or uninterrupted operation, or quiet enjoyment.

14.2 No professional advice. Output of the Service does not constitute legal, financial, medical, engineering, security, tax, or other professional advice. You should consult appropriate professionals before relying on output for any consequential decision.

14.3 No guarantee of outcomes. We do not guarantee any specific result from using a Directive or output. Whether your build succeeds, your code compiles, your designs ship, your business grows, your team agrees, or your downstream tools produce correct or usable results is your responsibility, not ours.

14.4 Service availability. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected. We may take the Service offline for maintenance, security, upgrades, or any other reason at any time.

14.5 Third-party content and conduct. Zynkex is not responsible for any third-party content, third-party services, or the conduct of any user.

15. Limitation of Liability

15.1 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYNKEX'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STATUTE, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID ZYNKEX FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).

15.2 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZYNKEX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR REPUTATION; OR ANY DAMAGES ARISING FROM USE OF, RELIANCE ON, OR INABILITY TO USE THE SERVICE OR ANY OUTPUTS — REGARDLESS OF WHETHER ZYNKEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

15.3 Basis of the bargain. The limitations in this Section 15 are a fundamental basis of the bargain between you and Zynkex.

15.4 Statutory protections. Some jurisdictions do not allow exclusion or limitation of certain warranties or damages. To the extent any limitation in this Section 15 is unenforceable in your jurisdiction, the limitation will apply to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Zynkex and its officers, directors, employees, contractors, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use or misuse of the Service; (c) your breach of these Terms or any representation or warranty in them; (d) your violation of applicable law or any third-party right; (e) any content, code, design, or product produced from your Directives by downstream tools or third parties.

We may, at our option, assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate as reasonably requested. You may not settle any matter that imposes any obligation, liability, or admission on Zynkex without our prior written consent.

17. Dispute Resolution; Governing Law

17.1 Governing law. These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles.

17.2 Informal resolution. Before initiating formal proceedings, you and Zynkex agree to attempt in good faith to resolve any dispute by emailing the address in Section 21 with a written description of the issue. Both parties will negotiate in good faith for at least 30 days after notice before filing any claim.

17.3 Arbitration. Any dispute that cannot be resolved informally will be resolved by binding arbitration administered by JAMS under its rules then in effect, except that you and Zynkex each retain the right to seek injunctive or other equitable relief in court for misuse of intellectual property, confidential information, or violations of acceptable-use restrictions.

17.4 Class action waiver. You and Zynkex each waive the right to participate as a plaintiff or class member in any class action, collective action, or representative proceeding, and arbitration may not be conducted on a class-wide or representative basis. If this class-action waiver is held unenforceable, the remainder of Section 17 will be void with respect to the dispute.

17.5 Venue. If a dispute is not subject to arbitration, the exclusive venue is the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction there.

17.6 Arbitration Opt-Out. If you do not wish to be bound by the arbitration provision in Section 17.3, you may opt out by sending written notice to legal@zynkex.com within 30 days of the date you first accepted these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other provision of these Terms. If you opt out, disputes will be resolved in the courts specified in Section 17.5.

18. Changes to These Terms

We may update these Terms at any time. If we make material changes, we will provide reasonable advance notice (at least 30 days for material changes) by email to the address on file or via in-product notice. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes. If you do not accept the updated Terms, your sole remedy is to stop using the Service and cancel your subscription.

19. Export Controls and Sanctions

You may not export, re-export, or transfer the Service or any output from the Service in violation of any applicable export-control or sanctions law of the United States or any other jurisdiction. You represent that you are not located in, organised under the laws of, or a national of any country embargoed by the U.S. government, and that you are not on any U.S. Office of Foreign Assets Control sanctioned-parties list or comparable list maintained by another government.

20. General Provisions

20.1 Entire agreement. These Terms, together with the Privacy Notice and any subscription-tier terms incorporated by reference, are the entire agreement between you and Zynkex regarding the Service and supersede any prior or contemporaneous agreements on the same subject.

20.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remainder will continue in full force and effect.

20.3 No waiver. Failure to enforce any right or provision is not a waiver of that right or provision.

20.4 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, sale of assets, financing, or operation of law. Any assignment in violation of this section is void.

20.5 Force Majeure.

Zynkex is not liable for any failure or delay in performance caused by events outside our reasonable control, including acts of God, war, terrorism, civil unrest, government action, labour disputes, internet infrastructure failures, third-party provider outages (including unplanned outages of AI inference providers), security incidents, or pandemic-related disruptions.

Foreseeable capacity constraints — including AI provider rate limits and usage quotas — are not force majeure events. We manage these through our own capacity planning and will use commercially reasonable efforts to provide advance notice of any known service degradation. In the event of sustained service degradation caused by provider capacity constraints, paying subscribers may contact us to discuss account credits at our discretion.

20.6 Independent contractors. No agency, partnership, joint venture, or employment relationship is created between you and Zynkex by these Terms.

20.7 Notices. Notices to you may be delivered by email to the address on file or by posting in the Service. Notices to Zynkex must be delivered to the address in Section 21.

20.8 Headings. Section headings are for convenience only and do not affect interpretation.

20.9 Construction. These Terms have been drafted in English. Any translation is provided for convenience only; the English version controls in any conflict.

20.10 No third-party beneficiaries. These Terms do not create any third-party beneficiary rights.

20.11 Survival. Any provision that by its nature should survive termination will survive, including Sections 6.3 (license to retained content), 7, 8, 9, 13.3, 14, 15, 16, 17, 18, 20.

21. Contact

Questions, notices, refund requests, or DMCA notices should be directed to:

Email: legal@zynkex.com

Postal address: Zynkex, Inc., 1209 N Orange Street, Wilmington, DE 19801, USA