Terms of Service

Last Updated: Sept 17, 2026

1. Acceptance of these Terms

These Terms of Service (“Terms”) govern access to and use of the SubtleZen platform, website, applications, software, APIs, integrations, and related services (collectively, the “Service”).

These Terms form a legally binding agreement between SubtleZen Inc. (“SubtleZen”, “Company”, “we”, “our”, or “us”) and the individual or entity accessing or using the Service (“Customer”, “you”, or “your”).

By accessing, registering for, purchasing, or using the Service, you agree to be bound by these Terms.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In such case, “Customer” refers to that entity.

If you do not agree to these Terms, you must not access or use the Service.


2. Eligibility

The Service is intended solely for business and professional use.

You may use the Service only if:

  • You are at least 18 years old;
  • You have the legal capacity to enter into binding agreements;
  • Your use of the Service does not violate applicable laws or regulations.

The Service is not intended for use by children under the age of 18.


3. Definitions

Account

An account created to access and use the Service.

Organization

A workspace, company, team, business, or other entity created within the Service.

User

Any individual authorized by a Customer to access or use the Service.

Customer Data

Any information, records, files, content, documents, project information, contractor information, financial information, configuration settings, or other materials submitted to, stored in, synchronized with, or processed through the Service by or on behalf of a Customer.

Third-Party Services

Products, applications, integrations, websites, APIs, platforms, or services provided by third parties, including GitHub, GitLab, Jira, Azure DevOps, Stripe, and similar providers.

Beta Features

Features, functionality, integrations, products, or services designated by SubtleZen as alpha, beta, preview, early access, experimental, or similar.

Order Form

An ordering document, online checkout process, invoice, subscription confirmation, or other ordering process accepted by SubtleZen that identifies the applicable subscription, pricing, term, features, or usage limits.

Subscription

A paid subscription to access certain features of the Service for a specified term.

Data Processing Addendum

A written data processing agreement or addendum between Customer and SubtleZen that governs the processing of personal information or personal data where applicable.


4. Accounts and Organizations

Access to the Service requires creation of an Account.

Users may create and manage Organizations within the Service.

Each Organization is responsible for:

  • Managing its Users;
  • Assigning permissions and roles;
  • Managing access to Customer Data;
  • Ensuring compliance with applicable laws;
  • Maintaining the security of its accounts.

Customers are responsible for all activities that occur under their Accounts and Organizations.

Customers must provide accurate and complete registration information and keep such information current.

SubtleZen reserves the right to suspend or terminate Accounts that contain inaccurate, misleading, fraudulent, or incomplete information.


5. Account Security

Customers are responsible for maintaining the confidentiality of account credentials.

Customers must:

  • Protect usernames, passwords, API credentials, and authentication mechanisms;
  • Prevent unauthorized access to Accounts;
  • Promptly notify SubtleZen of any suspected unauthorized access, security incident, or compromise.

SubtleZen is not responsible for losses resulting from unauthorized access caused by a Customer’s failure to protect account credentials.


6. Authorized Users

Customers may permit Users to access the Service under their Organization.

Customers are responsible for:

  • Managing User access, permissions, and roles;
  • Removing access when Users are no longer authorized;
  • All actions taken by Users authorized under their Organization; and
  • Ensuring that Users comply with these Terms.

A violation of these Terms by a User may be treated as a violation by the Customer.


7. Free Trial

SubtleZen may offer a free trial of the Service.

Unless terminated earlier in accordance with these Terms, free trials are generally available for fourteen (14) days from activation.

During the trial period, Customers may access certain features of the Service without payment.

At the conclusion of the trial period:

  • Access to paid features may be restricted or suspended;
  • Customer Data may remain stored within the Service;
  • Customers may subscribe to a paid plan to regain access to restricted features.

SubtleZen may suspend or terminate trial access for violations of these Terms, suspected abuse, fraud, security concerns, legal compliance requirements, or misuse of the Service.


8. Future Features and Service Changes

The Service may evolve over time.

SubtleZen may add, modify, remove, replace, discontinue, or update features, functionality, integrations, user interfaces, workflows, or components of the Service at any time.

Nothing in these Terms obligates SubtleZen to continue offering any specific feature, integration, or functionality.

Where reasonably practicable, SubtleZen will use commercially reasonable efforts to provide notice of material changes that significantly affect core functionality.


9. Electronic Communications

By creating an Account or using the Service, you consent to receive communications from SubtleZen electronically.

Such communications may include:

  • Account notices;
  • Billing notices;
  • Security notifications;
  • Product updates;
  • Legal notices;
  • Service-related communications.

Electronic communications satisfy any legal requirement that such communications be provided in writing.


10. Modifications to these Terms

SubtleZen may update these Terms from time to time.

If we make material changes, we may provide notice through the Service, by email, or by other reasonable means.

The updated Terms become effective upon posting unless otherwise specified.

Continued use of the Service following the effective date of updated Terms constitutes acceptance of the revised Terms.

11. Subscription Plans

Certain features of the Service require a paid subscription.

Subscriptions are purchased on a per-Organization basis unless otherwise specified by SubtleZen.

Available plans, features, usage limits, and pricing are described on the Service or in an applicable Order Form.

SubtleZen may modify pricing, plans, features, or subscription offerings from time to time. Any pricing changes will apply at the beginning of the next renewal term following reasonable notice to the Customer.


12. Subscription Terms

Paid subscriptions begin upon successful completion of the subscription process and payment of applicable fees.

Subscriptions continue for the selected subscription term and automatically renew for successive renewal periods unless cancelled before the renewal date.

Customers are responsible for maintaining accurate billing and payment information.


13. Automatic Renewal

Subscriptions automatically renew at the end of each subscription term unless cancelled before renewal.

By purchasing a subscription, the Customer authorizes SubtleZen and its payment processor to charge the applicable subscription fees, taxes, and other authorized charges for each renewal period.

Customers may cancel renewal through available account settings or by contacting SubtleZen.

Cancellation prevents future renewals but does not terminate the current subscription term.


14. Fees and Payment

Customers agree to pay all fees associated with their subscription plan.

All fees are stated and payable in the currency specified at the time of purchase.

Payments are processed through third-party payment providers.

SubtleZen does not store payment card information.

Customers are responsible for all applicable taxes, duties, levies, or governmental charges, excluding taxes based on SubtleZen’s income.


15. Refunds

Except where required by applicable law, all fees are non-refundable.

No refunds or credits will be provided for:

  • Partial subscription periods;
  • Unused features;
  • Reduced usage;
  • Downgrades;
  • Suspension resulting from violations of these Terms.

Nothing in this section limits any rights that cannot be waived under applicable law.


16. Late Payments and Failed Charges

If payment cannot be successfully processed, SubtleZen may retry the payment method and notify the Customer.

Customers will generally have a seven (7) day grace period to update payment information and resolve payment issues.

If payment remains outstanding after the grace period, SubtleZen may:

  • Suspend access to paid features;
  • Restrict account functionality;
  • Terminate the subscription.

Customers remain responsible for all outstanding amounts owed.


17. Suspension Rights

SubtleZen may suspend access to all or part of the Service immediately if:

  • Payment is overdue;
  • The Customer violates these Terms;
  • The Customer engages in prohibited conduct;
  • Continued access presents a security risk;
  • Suspension is necessary to protect the Service, other customers, or third parties;
  • Suspension is required by law or governmental authority.

Where reasonably practicable, SubtleZen will provide notice of suspension.

SubtleZen is not liable for losses arising from a lawful suspension under this section.


18. Customer-Initiated Cancellation

Customers may cancel a subscription at any time.

Cancellation prevents future renewals but does not entitle the Customer to a refund for any portion of the current subscription term.

Following cancellation:

  • Access to paid features may be restricted at the end of the active subscription period;
  • Customer Data may remain stored within the Service in accordance with the Privacy Policy and Customer instructions.

19. Termination by SubtleZen

SubtleZen may terminate this Agreement or a Customer’s access to the Service if:

  • The Customer materially breaches these Terms;
  • The Customer fails to pay applicable fees;
  • The Customer engages in unlawful activity;
  • Continued provision of the Service creates legal, security, or operational risk.

Where reasonably practicable, SubtleZen may provide notice and an opportunity to cure the violation before termination.

Nothing requires SubtleZen to continue providing the Service where immediate termination is reasonably necessary.


20. Effect of Termination

Upon termination of this Agreement:

  • Rights granted under these Terms immediately cease;
  • Access to the Service may be revoked;
  • Customer Data will be retained, deleted, or otherwise processed in accordance with the Privacy Policy and any customer-initiated deletion requests;
  • Outstanding payment obligations remain due and payable.

Termination does not relieve either party of obligations that by their nature should survive termination.


21. Customer Data Ownership

As between the parties, Customer retains all right, title, and interest in and to Customer Data.

Nothing in these Terms transfers ownership of Customer Data to SubtleZen.

Subject to the rights granted in these Terms, Customer controls its Customer Data and remains responsible for its accuracy, quality, legality, and use.


22. License to Customer Data

Customer grants SubtleZen a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, reproduce, modify, and otherwise use Customer Data solely as necessary to:

  • Provide, operate, maintain, support, secure, and improve the Service;
  • Support Customer accounts and Organizations;
  • Perform data synchronization and integrations;
  • Provide reporting, analytics, and insights requested or enabled through the Service;
  • Comply with legal obligations;
  • Enforce these Terms.

This license terminates when Customer Data is deleted from the Service, except to the extent retention or continued processing is required by law, regulatory obligations, backup and disaster recovery processes, security purposes, dispute resolution, enforcement of these Terms, or other legitimate business purposes.


23. Customer Responsibilities

Customers are solely responsible for:

  • Customer Data submitted to the Service;
  • Ensuring Customer Data is accurate and lawful;
  • Obtaining and maintaining all necessary rights, permissions, and consents, and providing all required notices;
  • Compliance with applicable laws and regulations;
  • Workforce, contractor, vendor, and employment-related decisions;
  • Reviewing and verifying reports, analytics, metrics, recommendations, and outputs generated by the Service.

SubtleZen does not independently verify Customer Data and assumes no responsibility for inaccuracies contained within Customer Data.


24. Workforce and Contractor Compliance

The Service may be used to manage information relating to contractors, consultants, vendors, employees, and other workforce participants.

Customers are solely responsible for:

  • Compliance with all laws, regulations, and requirements applicable to their business operations, including employment laws, labor laws, privacy and data protection laws, tax laws, contractor classification requirements, payroll obligations, compensation requirements, and workforce management requirements; and
  • Any decisions relating to the hiring, engagement, supervision, evaluation, compensation, discipline, promotion, termination, classification, or management of contractors, employees, or other workforce participants.

Customers acknowledge that the Service is intended to assist with information management, reporting, and analytics and does not make workforce, employment, contractor, compensation, or business decisions on behalf of Customers.

SubtleZen does not provide legal, tax, payroll, employment, human resources, compliance, or professional advice.

Nothing in the Service should be interpreted as such advice.


25. Integrations and Third-Party Services

The Service may integrate with Third-Party Services, including but not limited to:

  • GitHub;
  • GitLab;
  • Jira;
  • Azure DevOps;
  • Stripe;
  • Other third-party products and services.

Customer authorizes SubtleZen to access, process, and synchronize information made available through connected Third-Party Services as necessary to provide the Service.

Customer is responsible for obtaining any rights, permissions, or consents required to connect Third-Party Services and authorize the transfer of information to the Service.

SubtleZen does not control Third-Party Services and is not responsible for:

  • Their availability;
  • Their functionality;
  • Their security practices;
  • Their data handling practices;
  • Their accuracy;
  • Their continued compatibility with the Service.

Third-Party Services may modify, discontinue, restrict, or change APIs, functionality, or access methods at any time.

SubtleZen is not liable for interruptions, delays, inaccuracies, or loss of functionality resulting from actions or omissions of Third-Party Services.

SubtleZen may modify, suspend, or discontinue integrations at any time, including where required due to changes made by the applicable Third-Party Service.


26. Imported and Synchronized Data

The Service may import, synchronize, process, and display information from connected Third-Party Services.

Imported information may include:

  • Issues;
  • Tasks;
  • Pull requests;
  • Commits;
  • Branches;
  • Reviews;
  • Usernames;
  • Repository metadata;
  • Project management information;
  • Activity information.

The categories listed above are illustrative only and may change as integrations evolve.

Customers remain responsible for validating imported information.

SubtleZen does not warrant that synchronized information is complete, current, accurate, or uninterrupted.


27. Data Export

During an active subscription term, Customers may export Customer Data using functionality made available by the Service.

SubtleZen is not obligated to provide exports in formats other than those supported by the Service.

Following termination, expiration, or prolonged inactivity of an account, export functionality may be limited or unavailable.


28. Analytics and Insights

The Service may generate reports, metrics, analytics, summaries, forecasts, benchmarks, recommendations, visualizations, and other informational outputs.

Such outputs are provided for informational purposes only and should not be considered professional, legal, tax, accounting, employment, human resources, financial, compliance, or other professional advice.

Customers are solely responsible for reviewing, evaluating, and acting upon any analytics, reports, metrics, recommendations, forecasts, insights, or outputs generated by the Service.

SubtleZen does not guarantee the accuracy, completeness, reliability, or suitability of such outputs.


29. Artificial Intelligence Features

The Service may include artificial intelligence, machine learning, statistical models, predictive systems, or similar technologies.

SubtleZen may use third-party AI service providers to process Customer Data for the purpose of providing AI-enabled features. SubtleZen will use provider terms, settings, or contractual commitments that do not permit those providers to use Customer Data to train or improve their own models.

This restriction does not limit SubtleZen’s use of Aggregated Data in accordance with Section 30.

AI-generated outputs may be incomplete, inaccurate, biased, misleading, or unsuitable for a particular purpose.

Customers must independently evaluate all AI-generated outputs before relying upon them.

AI-generated outputs are provided for informational purposes only and should not be relied upon as the sole basis for:

  • Employment decisions;
  • Contractor decisions;
  • Compensation decisions;
  • Hiring decisions;
  • Termination decisions;
  • Promotion decisions;
  • Financial decisions;
  • Legal decisions;
  • Compliance decisions;
  • Other significant business decisions.

SubtleZen does not make decisions on behalf of Customers and remains uninvolved in workforce, business, financial, or operational decisions.

Customers acknowledge that AI-generated outputs may differ for similar inputs and may not be reproducible.


30. Aggregated and De-Identified Data

SubtleZen may collect, generate, use, analyze, disclose, and retain aggregated, anonymized, or de-identified information derived from Customer Data and use of the Service (“Aggregated Data”).

Aggregated Data will not be used or disclosed in a manner that reasonably identifies any Customer, Organization, individual, contractor, employee, project, repository, or other person, or that reveals a Customer’s confidential business information.

SubtleZen may use Aggregated Data for:

  • Product development;
  • Feature development;
  • Analytics;
  • Benchmarking;
  • Security;
  • Service improvement;
  • Operational purposes;
  • Research;
  • Business planning;
  • Statistical analysis;
  • Machine learning, artificial intelligence, and predictive model development, training, evaluation, deployment, inference, improvement, and operation; and
  • Marketing and promotional purposes.

SubtleZen may use Aggregated Data to develop, train, evaluate, deploy, improve, operate, and generate outputs from machine learning models, artificial intelligence systems, statistical models, benchmarking systems, and other product features.

Nothing in this section transfers ownership of Customer Data to SubtleZen. Customer retains all right, title, and interest in and to Customer Data.

Aggregated Data is not Customer Data and may be owned and used by SubtleZen for any lawful business purpose, subject to the limitations set forth in this section.


30A. Feedback

Customer may provide suggestions, ideas, enhancement requests, recommendations, feedback, or other input regarding the Service (“Feedback”).

Customer grants SubtleZen a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, implement, disclose, distribute, and otherwise exploit Feedback for any purpose without restriction or obligation to Customer.

Feedback is not Customer Data and no compensation will be owed to Customer in connection with SubtleZen’s use of Feedback.


31. Customer Cooperation

Customers will reasonably cooperate with SubtleZen in connection with:

  • Security investigations;
  • Abuse prevention;
  • Compliance efforts;
  • Resolution of technical issues;
  • Enforcement of these Terms.

Failure to reasonably cooperate may result in suspension or limitation of access where reasonably necessary to protect the Service, other customers, or third parties, or to comply with legal obligations.


32. Intellectual Property Rights

As between the parties, SubtleZen owns and retains all right, title, and interest in and to the Service, including all software, source code, object code, user interfaces, designs, workflows, features, functionality, databases, APIs, integrations, documentation, templates, models, algorithms, analytics systems, benchmarking systems, reports, know-how, processes, inventions, and other technology used to provide the Service.

Except for the limited rights expressly granted under these Terms, no rights are granted to Customer in or to the Service.

Customer may not copy, modify, adapt, translate, create derivative works from, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, ideas, algorithms, or technical methods of the Service, except to the extent such restriction is prohibited by applicable law.

Customer may not access or use any application programming interface, integration endpoint, or other technical interface provided by SubtleZen except as expressly made available through the Service or authorized by SubtleZen in writing.

SubtleZen and its names, logos, trademarks, service marks, trade names, product names, and branding are owned by SubtleZen or its licensors.

Nothing in these Terms grants Customer any right to use SubtleZen’s names, logos, trademarks, service marks, trade names, branding, or other brand features without SubtleZen’s prior written consent.

SubtleZen will not use Customer’s name, logo, trademarks, or branding in marketing, promotional materials, press releases, case studies, or public customer lists without Customer’s prior consent.

Nothing in these Terms transfers ownership of Customer Data to SubtleZen.


33. Confidentiality

Each party may receive or access confidential or proprietary information of the other party in connection with the Service (“Confidential Information”).

Confidential Information may include non-public business, technical, financial, operational, product, security, pricing, customer, contractor, project, workforce, integration, and strategic information, whether disclosed orally, visually, electronically, or in writing.

Customer’s Confidential Information includes Customer Data and non-public information submitted to or processed through the Service.

SubtleZen’s Confidential Information includes non-public information relating to the Service, software, source code, product plans, pricing, security practices, technical architecture, business operations, and other proprietary information.

Each party agrees to:

  • Use the other party’s Confidential Information only as necessary to perform obligations or exercise rights under these Terms;
  • Protect the other party’s Confidential Information using reasonable care;
  • Not disclose the other party’s Confidential Information to third parties except as permitted under these Terms;
  • Limit access to Confidential Information to personnel, contractors, advisors, and service providers who need access and are subject to confidentiality obligations.

Confidential Information does not include information that:

  • Is or becomes publicly available without breach of these Terms;
  • Was known to the receiving party before disclosure without confidentiality obligations;
  • Is independently developed without use of the disclosing party’s Confidential Information;
  • Is lawfully received from a third party without confidentiality obligations.

A party may disclose Confidential Information where required by law, court order, subpoena, regulatory authority, or governmental request, provided that, where legally permitted and reasonably practicable, the receiving party gives the disclosing party notice and cooperates with reasonable efforts to limit disclosure.

The obligations in this section survive termination of these Terms for as long as the information remains confidential under applicable law.


34. Beta Features

SubtleZen may make Beta Features available from time to time.

Beta Features are provided for testing, evaluation, and feedback purposes and may be incomplete, experimental, unavailable, inaccurate, unreliable, or subject to additional errors, interruptions, or limitations.

SubtleZen may modify, suspend, discontinue, or restrict access to Beta Features at any time without liability.

Beta Features are provided “as is” and “as available” without warranties, commitments, service levels, support obligations, or guarantees of any kind.

Customer should not rely on Beta Features for critical business operations, legal compliance, workforce decisions, financial decisions, or other significant decisions.

Use of Beta Features may be subject to additional terms, restrictions, or requirements communicated by SubtleZen.


The following sections limit SubtleZen’s warranties, liability, and obligations. Please read them carefully.

35. Disclaimer of Warranties

Except as expressly stated in these Terms, and to the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis.

SubtleZen disclaims all warranties, representations, conditions, and guarantees, whether express, implied, statutory, or otherwise, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, compatibility, and uninterrupted or error-free operation.

SubtleZen does not warrant that:

  • The Service will be uninterrupted, secure, error-free, or available at any particular time or location;
  • Defects, errors, or interruptions will be corrected;
  • The Service will meet Customer’s specific requirements or expectations;
  • The Service will be compatible with all systems, browsers, devices, networks, integrations, workflows, or Third-Party Services;
  • Customer Data, imported data, synchronized data, reports, analytics, forecasts, recommendations, insights, AI-generated outputs, or other outputs will be accurate, complete, current, reliable, or suitable for any particular purpose;
  • Use of the Service will result in any particular contractor performance, productivity improvement, cost savings, project outcome, financial result, business outcome, compliance outcome, or operational improvement.

Customer acknowledges that the Service provides information management, reporting, analytics, and workflow tools only.

Customer is solely responsible for evaluating, verifying, and acting upon information, reports, analytics, recommendations, forecasts, insights, AI-generated outputs, and other outputs generated by or through the Service.

SubtleZen does not provide legal, tax, accounting, payroll, employment, human resources, compliance, financial, or other professional advice.

Customer is solely responsible for obtaining professional advice where appropriate.


36. Limitation of Liability

To the maximum extent permitted by applicable law, SubtleZen will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, savings, business opportunity, goodwill, reputation, data, use, productivity, or business interruption, whether arising in contract, tort, negligence, strict liability, statute, or otherwise, even if SubtleZen has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, SubtleZen’s total aggregate liability arising out of or relating to these Terms, the Service, Customer Data, Third-Party Services, integrations, analytics, reports, AI-generated outputs, Beta Features, or any related matter will not exceed the total fees paid by Customer to SubtleZen for the affected Service and applicable Organization during the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations in this section apply regardless of the theory of liability and regardless of whether any limited remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law.

The limitations of liability in this section form an essential basis of the bargain between the parties and apply to the fullest extent permitted by law.


37. Indemnification

Customer will defend, indemnify, and hold harmless SubtleZen, its directors, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against any third-party claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable legal fees, arising out of or relating to:

  • Customer Data;
  • Customer’s use of the Service;
  • Customer’s breach of these Terms;
  • Customer’s violation of applicable laws or regulations;
  • Customer’s violation of third-party rights, including intellectual property, privacy, confidentiality, publicity, or contractual rights;
  • Customer’s connection, configuration, or use of Third-Party Services;
  • Customer’s workforce, contractor, vendor, employment, compensation, payroll, tax, classification, or compliance decisions;
  • Any allegation that Customer Data or Customer’s use of the Service infringes, misappropriates, or violates the rights of a third party;
  • Any fraud, misuse, unauthorized use, or unlawful activity by Customer or its Users.

SubtleZen will provide Customer with reasonably prompt notice of any claim subject to indemnification, provided that failure to give prompt notice will not relieve Customer of its indemnification obligations except to the extent Customer is materially prejudiced by the delay.

Customer may control the defense and settlement of an indemnified claim, provided that Customer may not settle any claim in a manner that imposes liability, admission of wrongdoing, or ongoing obligations on SubtleZen without SubtleZen’s prior written consent.

SubtleZen may participate in the defense of any claim with counsel of its own choosing at its own expense.


38. Acceptable Use and Restrictions

Customer and its Users may use the Service only in accordance with these Terms and applicable laws.

Customer and its Users may not:

  • Use the Service for unlawful, fraudulent, deceptive, harmful, or misleading purposes;
  • Use the Service in violation of any applicable law, regulation, court order, or governmental requirement;
  • Upload, transmit, store, or process content that is unlawful, infringing, defamatory, abusive, discriminatory, harassing, or otherwise objectionable;
  • Upload, transmit, distribute, or introduce viruses, malware, malicious code, or other harmful materials;
  • Attempt to gain unauthorized access to the Service, accounts, systems, networks, data, or infrastructure;
  • Interfere with, disrupt, degrade, overload, or impair the Service or related systems;
  • Circumvent usage limits, access controls, authentication measures, security features, account restrictions, or technical protections;
  • Use bots, scripts, scrapers, crawlers, or other automated methods to access or use the Service except as expressly permitted by SubtleZen;
  • Scrape, harvest, extract, copy, or collect data from the Service except through functionality made available by the Service;
  • Reverse engineer, decompile, disassemble, modify, copy, or create derivative works of the Service except to the extent such restriction is prohibited by applicable law;
  • Access or use the Service to build, benchmark, copy, or develop a competing product or service;
  • Resell, sublicense, lease, rent, distribute, or otherwise provide access to the Service to third parties except as expressly permitted by these Terms;
  • Share login credentials or allow unauthorized persons to access the Service;
  • Remove, obscure, or alter proprietary notices, attribution, or branding within the Service;
  • Use the Service to infringe, misappropriate, or violate intellectual property, privacy, confidentiality, publicity, contractual, or other third-party rights;
  • Use information obtained through the Service in violation of privacy, employment, labor, contractor classification, tax, payroll, or data protection laws;
  • Conduct security testing, vulnerability scanning, penetration testing, load testing, or similar testing of the Service without SubtleZen’s prior written authorization.

SubtleZen may investigate suspected violations of this section and may suspend or restrict access where reasonably necessary to protect the Service, customers, users, third parties, or SubtleZen.


39. Export Controls and Sanctions

Customer may not access or use the Service in violation of applicable export control, sanctions, anti-terrorism, anti-corruption, or trade compliance laws.

Customer represents and warrants that it and its Users are not:

  • Located in a jurisdiction subject to applicable sanctions or embargoes;
  • Listed on any applicable restricted party, denied party, sanctions, or prohibited persons list;
  • Using the Service for purposes prohibited by applicable export control or sanctions laws.

SubtleZen may restrict, suspend, or terminate access to the Service where required to comply with applicable export control, sanctions, or trade compliance laws.


40. Effect of Suspension and Termination

Upon suspension, termination, expiration, or cancellation of access to the Service:

  • Customer’s right to access or use the Service may be limited, suspended, or terminated;
  • Access to paid features may be restricted;
  • Export functionality may be limited or unavailable;
  • Customer Data will be retained, deleted, or otherwise processed in accordance with these Terms, the Privacy Policy, and any customer-initiated deletion requests;
  • Customer remains responsible for all fees and amounts owed through the effective date of termination or cancellation;
  • SubtleZen is not liable for losses resulting from suspension, termination, restriction, or limitation of access carried out in accordance with these Terms.

Suspension, termination, expiration, or cancellation does not relieve Customer of any payment obligation incurred before the effective date of suspension, termination, expiration, or cancellation.

The following sections will survive termination or expiration of these Terms to the extent necessary to give them effect:

  • Customer payment obligations;
  • Customer Data ownership;
  • License to Customer Data for retained data;
  • Aggregated and De-Identified Data;
  • Feedback;
  • Intellectual Property Rights;
  • Confidentiality;
  • Disclaimer of Warranties;
  • Limitation of Liability;
  • Indemnification;
  • Export Controls and Sanctions;
  • Governing Law and Disputes;
  • Miscellaneous provisions.

41. Governing Law and Disputes

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to any mandatory rights that cannot be waived under applicable law, the parties irrevocably submit to the exclusive jurisdiction of the courts located in Alberta, Canada for any dispute, claim, or controversy arising out of or relating to these Terms or the Service.

Customer waives any objection to the jurisdiction or venue of such courts, including any objection based on inconvenient forum.

Nothing in this section prevents SubtleZen from seeking injunctive or equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property, Confidential Information, security, systems, or legal rights.


42. Miscellaneous

42.1 Entire Agreement

These Terms, together with any applicable Order Form, Privacy Policy, Data Processing Addendum, and any additional terms expressly incorporated by reference, constitute the entire agreement between Customer and SubtleZen regarding the Service and supersede all prior or contemporaneous agreements, communications, proposals, representations, and understandings relating to the Service.

42.2 Order of Precedence

If there is a conflict between these Terms and another written agreement signed by SubtleZen and Customer, the signed written agreement will control to the extent of the conflict.

If there is a conflict between these Terms and an Order Form accepted by SubtleZen and Customer, the Order Form will control to the extent of the conflict.

If there is a conflict between these Terms and an applicable Data Processing Addendum, the Data Processing Addendum will control solely with respect to the processing of personal information or personal data covered by that Data Processing Addendum.

The Privacy Policy describes SubtleZen’s privacy and data handling practices. The Privacy Policy does not modify payment terms, usage restrictions, intellectual property rights, warranty disclaimers, liability limitations, indemnification obligations, or other commercial terms in these Terms, except to the extent required by applicable law.

42.3 Assignment

Customer may not assign, transfer, or delegate these Terms or any rights or obligations under these Terms without SubtleZen’s prior written consent.

SubtleZen may assign, transfer, or delegate these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, change of control, or by operation of law.

Any attempted assignment in violation of this section is void.

These Terms bind and benefit the parties and their permitted successors and assigns.

42.4 Force Majeure

Neither party will be liable for any delay or failure to perform obligations under these Terms due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, utility failures, denial-of-service attacks, cyberattacks, failures of hosting providers, failures of Third-Party Services, government actions, changes in law, epidemics, pandemics, or other events beyond the affected party’s reasonable control.

The affected party will use commercially reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably practicable.

This section does not excuse Customer’s payment obligations.

42.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

The invalid, illegal, or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, will be severed from these Terms.

42.6 Waiver

A party’s failure or delay in enforcing any provision of these Terms does not constitute a waiver of that provision or any other provision.

A waiver is effective only if made in writing and signed by the party granting the waiver.

42.7 Relationship of the Parties

The parties are independent contractors.

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, franchise, employment, or representative relationship between the parties.

Neither party has authority to bind the other party without prior written authorization.

42.8 No Third-Party Beneficiaries

Except as expressly stated in these Terms, these Terms do not create any rights or remedies in favour of any third party.

42.9 Notices

SubtleZen may provide account, billing, product, security, operational, and service-related notices to Customer by email, through the Service, through Customer’s account, or by other reasonable electronic means.

Customer may provide notices to SubtleZen by contacting:

support@subtlezen.com

Notices sent by SubtleZen are deemed given when sent, posted, or made available through the applicable method, unless otherwise required by applicable law.

Notices sent by Customer are deemed given when received by SubtleZen.

Customer is responsible for keeping account, administrative, and billing contact information accurate and current.

Nothing in this section modifies any requirements for service of process or formal legal proceedings under applicable law.

42.10 Interpretation

Headings are for convenience only and do not affect interpretation.

The words “including”, “includes”, and similar terms mean “including without limitation”.

References to laws include amendments, replacements, and successor legislation.

42.11 Remedies

Except as expressly stated in these Terms, the rights and remedies available to SubtleZen are cumulative and not exclusive of any rights or remedies available at law or in equity.

42.12 Language

These Terms are written in English.

To the extent any translated version is provided, the English version will control unless otherwise required by applicable law.

43. Contact Information

If you have questions about these Terms, contact:

SubtleZen Inc.
Alberta, Canada

Email: support@subtlezen.com