Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, mobile applications, software-as-a-service products, and other services (collectively, the "Services") provided by ZAIKU LLC, a Texas limited liability company ("ZAIKU," "we," "us," or "our"), including the website at zaiku.app. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Who We Are

The Services are operated by ZAIKU LLC. References to "ZAIKU" throughout these Terms mean ZAIKU LLC. You can reach us at hello@zaiku.app.

2. Eligibility, Accounts & Accounts for Minors

ZAIKU LLC operates a range of products for different audiences. Each product clearly states its intended age range.

2.1 Adult and general-audience products

For products intended for adult or general audiences, you must be at least 17 years of age (or the age stated on the product page) to use the Service, and at least 18 years of age (or the age of majority in your jurisdiction) to make purchases.

2.2 Products designed for children (under 13)

For products specifically designed for children under 13 (including educational and family products), you must be the child's parent, legal guardian, or — for educator-licensed deployments — a teacher, school administrator, or other educational institution acting under applicable federal and state guidance, in order to create an account and accept these Terms on the child's behalf. By doing so, you represent that:

• You have the legal authority to accept these Terms on behalf of the child;
• You consent to the child's use of the Service consistent with these Terms and the Privacy Policy;
• You are responsible for supervising the child's use of the Service and for all activity occurring under the account; and
• You will keep account credentials confidential and notify us promptly at hello@zaiku.app of any unauthorized use.

Children do not enter binding agreements with ZAIKU; only the adult parent, guardian, or authorized educator does.

2.3 Account responsibility

If you create an account, you are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly at hello@zaiku.app of any unauthorized use.

3. Acceptable Use

When using the Services, you agree NOT to:

• Violate any applicable law, regulation, or third-party right;
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law;
• Interfere with, disrupt, or place undue load on the Services or their infrastructure;
• Upload malicious code or attempt unauthorized access to any system or data;
• Use the Services to harass, abuse, harm, or threaten another person;
• Upload content depicting a minor in any sexualized, exploitative, or otherwise harmful context, or any content the law otherwise prohibits;
• Use automated tools, scripts, or bots to interact with the Services beyond any permitted API;
• Circumvent free-tier limits, paywalls, or other access controls.

We may suspend or terminate access for conduct that violates these Terms.

4. User Content

You retain ownership of content you upload, submit, or share through the Services ("User Content"). By submitting User Content, you grant ZAIKU a limited, worldwide, royalty-free license to host, store, process, and transmit that content solely as needed to operate and deliver the Service you requested.

You represent and warrant that: (a) you own or have the right to submit the User Content; (b) the content does not infringe any third party's rights; (c) any photo, video, or likeness of another person was submitted with that person's consent; and (d) the content complies with the Acceptable Use rules in Section 3.

We do NOT use your User Content to train third-party AI models on your behalf, except where strictly required to deliver the service you requested.

5. Idea & Feedback Submissions

Our Services may invite you to submit app ideas, problems, suggestions, or other feedback ("Submissions"). You retain ownership of your Submissions, but by sending them you grant ZAIKU a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, and develop products or features based on them, without obligation or compensation unless separately agreed in writing. Please do not send confidential information you do not wish to license on these terms.

6. Purchases, Subscriptions & Refunds

Some Services include in-app purchases, credit packs, or subscriptions. When you buy a digital product through Apple App Store or Google Play, those platforms govern the transaction, including pricing and refunds. Where ZAIKU offers direct purchases (e.g., via Stripe), the applicable product page lists the terms, including refund policy. Unless required by law or expressly stated otherwise, digital goods and credits sold by ZAIKU are non-refundable.

7. Intellectual Property

The Services, including all software, designs, text, graphics, logos, and the ZAIKU name and marks, are owned by ZAIKU LLC or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. No other rights are granted. You may not use the ZAIKU name or any product name, trademark, or logo without prior written permission.

8. Third-Party Services & AI-Generated Output

The Services may link to or integrate with third-party products, websites, and AI/ML providers that ZAIKU does not control. We are not responsible for the content, policies, or practices of any third party.

Where a Service uses AI to generate outputs (text, images, audio, video, code, etc.), those outputs are generated by third-party AI systems based on your inputs. AI-generated outputs may be inaccurate, incomplete, or unsuitable for your purpose, and you use them at your own risk. ZAIKU does not author or pre-review individual AI outputs. ZAIKU makes no warranty about the accuracy, fitness for a particular purpose, or quality of AI-generated content.

9. DMCA / Copyright Complaints

If you believe content in the Services infringes your copyright, send a notice to privacy@zaiku.app including: (1) identification of the copyrighted work, (2) identification of the allegedly infringing material with enough detail to locate it, (3) your contact information, (4) a statement of good-faith belief that the use is unauthorized, (5) a statement under penalty of perjury that the information is accurate and you are authorized to act, and (6) your physical or electronic signature. We will respond in accordance with the Digital Millennium Copyright Act.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI-GENERATED CONTENT. ZAIKU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ZAIKU LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

ZAIKU'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ZAIKU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, the above limitations apply only to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless ZAIKU LLC and its affiliates from any claim, damage, liability, or expense (including reasonable attorneys' fees) arising from (a) your use of the Services, (b) your violation of these Terms, (c) User Content you submit, or (d) your violation of any third party's rights.

13. Termination

You may stop using the Services at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms or if we discontinue the Services. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

14. Governing Law & Dispute Resolution

ZAIKU LLC is a Texas limited liability company. These Terms are governed by the laws of the State of Texas, United States of America, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Texas (or, where required by AAA rules for consumer claims, in the county where you reside). You waive any right to a jury trial and any right to participate in a class action, class arbitration, or other representative proceeding against ZAIKU.

If arbitration is found unenforceable for a particular claim, that claim shall be brought exclusively in the state or federal courts located in Texas, and you and ZAIKU consent to the personal jurisdiction of those courts.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes may be communicated through the Services. Your continued use after changes take effect constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms:

ZAIKU LLC
hello@zaiku.app
https://zaiku.app