Terms of Service

1. About Zylair and Acceptance of Terms

Zylair Ltd ("we," "us," "our") provides AI-powered risk assessment software tools ("Service") accessible at our website and related platforms. By accessing or using our Service, you ("Customer," "you," "your") agree to be bound by these Terms of Service ("Terms").

2. Eligibility and Account Requirements

2.1 Age and Authority

• You must be at least 18 years of age
• You must have legal authority to bind your organization to these Terms
• Business accounts require authorization from an appropriate company representative

2.2 Account Security

• You are responsible for maintaining account confidentiality
• Notify us immediately of any unauthorized access
• One account per organization unless expressly agreed otherwise

3. Service Description and Limitations

3.1 What We Provide

• AI-generated draft risk assessments from uploaded images/data
• Document templates and safety guidance tools
• Cloud-based storage and collaboration features
• Customer support as described in your subscription plan

3.2 What We Don't Provide

• Legal, compliance, or professional safety advice
• Certified or final risk assessments ready for immediate use
• Guarantee of regulatory compliance
• Professional indemnity or liability coverage

3.3 Your Responsibilities

• Review and validate all AI-generated outputs before use
• Ensure compliance with applicable health and safety regulations
• Engage a competent person (as defined in Regulation 7 of the Management of Health and Safety at Work Regulations 1999) for final assessment approval before any assessment is implemented or relied upon
• Use the Service lawfully and in accordance with these Terms

4. Subscription Plans and Payment Terms

4.1 Subscription Tiers

• Free Tier: Limited features as described on our website
• Paid Subscriptions: Monthly or annual billing as selected
• Pay-as-you-go: Per-assessment pricing for specific features

4.2 Payment and Billing

• Payments processed securely through Stripe, Inc.
• Subscriptions auto-renew unless cancelled
• No refunds for partial months, except as legally required
• Price changes require 30 days' notice

5. Data Protection and Privacy

Your personal data is processed in accordance with our Privacy Policy. We implement appropriate technical and organizational security measures to protect your data.

5.1 Data Retention

• Risk assessments and account data are retained while your account is active and deleted within 30 days of account closure
• Payment records are retained for 7 years as required by UK tax law
• Personal data is handled as specified in our Privacy Policy

5.1a Uploaded Photo Retention

Photographs you upload are used solely to generate your risk assessment. After 90 days, we automatically compress the photo to a small reference image; the full-resolution original is replaced but a visual record is kept permanently alongside your assessment. Your risk assessment record, including the identified hazards, risk ratings, and control measures, is unaffected.

• Full-resolution photos are compressed automatically after 90 days with no action required from you
• A small reference image is retained permanently so you always have a visual record of the scene
• If you need to keep a copy of the original full-resolution photo, download it from the assessment within 90 days
• This policy applies to all subscription tiers, including free accounts

5.2 Third-Party Integrations

• AI processing via OpenAI: content is retained by OpenAI for up to 30 days for safety purposes and is not used to train their models
• Payment processing via Stripe (subject to their terms)
• Database and authentication via Supabase (hosted on AWS infrastructure)
• Application hosting via Vercel

5.3 Team Accounts

• Team owners may invite other users to share a subscription
• Team members' names, email addresses, and roles are visible to other members of the same team
• Usage counts are pooled across the team and billed to the team owner's subscription
• Individual risk assessment content remains private to the user who created it

5.4 Sign-off and Third-Party Signatories

• When you send a sign-off request, the recipient's name, job title, date, and electronic signature are captured and stored as part of the assessment audit trail
• By sending a sign-off request, you confirm you have a lawful basis for sharing the assessment content with the recipient
• Sign-off links expire after 7 days and are single-use

6. Intellectual Property Rights

6.1 Your Content

• You retain ownership of data and content you upload
• You grant us a license to process your content to provide the Service
• Generated outputs become your property once reviewed and approved

6.2 Our Property

• Zylair owns all rights in the software, platform, and brand
• Our platform, prompts, workflows, and configurations remain our proprietary technology. Underlying AI model capabilities are provided by third-party AI providers.
• You receive a non-exclusive licence to use the Service

7. Limitation of Liability and Disclaimers

7.1 UK/EU Customers

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Breach of statutory rights that cannot be excluded

7.2 Liability Cap

Our total liability for any claims shall not exceed the greater of: (a) the fees paid by you in the 12 months preceding the claim; or (b) £100. Where you are using a free tier and have paid no fees, the cap shall be £100.

8. Acceptable Use Policy

8.1 Prohibited Uses

• Unlawful, harmful, or fraudulent activities
• Circumventing security or usage limitations
• Reverse engineering or copying our technology
• Using outputs without proper professional review

8.2 Content Standards

• No illegal, defamatory, or harmful content uploads
• Comply with applicable data protection laws
• Respect intellectual property rights

9. Termination

9.1 Termination Rights

• You may terminate your account at any time by closing your account within the app or by contacting us
• We may terminate or suspend your access with 30 days' written notice. In cases of serious Terms violation (fraud, illegal use, or security risk), we may suspend access immediately
• On termination, your data will be handled as described in our Privacy Policy

9.2 Survival

Sections relating to liability, intellectual property, and governing law survive termination.

10. Governing Law and Disputes

10.1 UK/EU Customers

• Governed by the laws of England and Wales
• Disputes subject to jurisdiction of English courts
• EU consumers retain legal protections under EU law

11. Changes to Terms

We may modify these Terms with 30 days' written notice by email. For material changes, we will not treat continued use of the service as acceptance; we will ask you to actively acknowledge the updated Terms before continuing to use the service. For minor clarifications, we will update the effective date and the document text without requiring re-acceptance.

12. Force Majeure

We will not be liable for any failure or delay in performance of our obligations under these Terms that is caused by events outside our reasonable control. This includes, but is not limited to: acts of God, natural disasters, pandemics, war, civil unrest, strikes, government action, power or internet outages, or failures of third-party infrastructure providers (including cloud hosting and AI services). Where such an event occurs, we will notify you as soon as reasonably practicable and take reasonable steps to minimise its impact.

13. Contact Information