Legal Agreements
Explore the legal terms and agreements that govern the use of Actualize by Zero Sum Defense, supporting transparency and trust in our services.
ZSD Services Agreement
Last updated: April 23, 2025
This Services Agreement ("Agreement") is entered into between Zero Sum Defense, Inc. ("ZSD," "we," "us," or "our") and you, the user ("User," "you," or "your"). This Agreement governs your access to and use of the ZSD Platform, including all associated services, features, content, and applications (collectively, the "Services").
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Agreement Details
1.1 "Account" means a unique account created for you to access our Services.
1.2 "Content" means any information, data, text, software, graphics, messages, or other materials that are uploaded, transmitted, or otherwise made available through the Services.
1.3 "Secure Enclave" means an isolated computing environment provided as part of the Services for secure data storage and processing.
1.4 "Subscription" means the recurring payment arrangement for continued access to the Services.
1.5 "User Data" means all data, including personal information, submitted, stored, or processed through the Services by the User.
2.1 Core Services. ZSD provides a security and privacy platform that includes secure data storage, encrypted communications, identity protection, and access controls. The specific features and functionality available to you will depend on your subscription tier.
2.2 Secure Enclaves. The Services include access to Secure Enclaves, which provide isolated environments for storing and processing sensitive data. ZSD maintains technical controls to prevent unauthorized access to your Secure Enclaves.
2.3 Identity Management. The Services provide tools for secure identity verification and authentication, including passwordless login options and multi-factor authentication.
2.4 Availability. ZSD will make commercially reasonable efforts to ensure the Services are available 24/7. However, we do not guarantee uninterrupted access and may temporarily suspend access for maintenance, upgrades, or other operational reasons.
3.1 Account Creation. To access the Services, you must create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security. You are responsible for safeguarding your Account and for all activities that occur under your Account. You agree to notify ZSD immediately of any unauthorized use of your Account or any other breach of security.
3.3 Recovery Options. You are responsible for maintaining secure recovery options for your Account. Due to the nature of our zero-knowledge architecture, ZSD may have limited ability to assist with account recovery in certain circumstances.
4.1 Subscription Fees. Access to certain Services requires payment of subscription fees. All fees are stated in US dollars unless otherwise specified.
4.2 Billing Cycle. Subscription fees are billed on a recurring basis according to the plan you select (monthly or annual). By providing a payment method, you authorize us to charge your payment method for all fees incurred.
4.3 Taxes. Subscription fees do not include taxes. If ZSD is required to collect taxes on the Services, you are responsible for payment of such taxes.
4.4 Refunds. Subscription fees are non-refundable except as expressly provided in this Agreement or as required by applicable law.
5.1 Term. This Agreement begins on the date you first use the Services and continues until terminated.
5.2 Termination by You. You may terminate this Agreement at any time by canceling your subscription and discontinuing use of the Services.
5.3 Termination by ZSD. ZSD may terminate this Agreement or suspend your access to the Services at any time for any reason, including but not limited to if:
a. You breach any provision of this Agreement;
b. You fail to pay any fees when due;
c. ZSD suspects fraudulent or abusive activity;
d. ZSD is required to do so by law.
5.4 Effect of Termination. Upon termination of this Agreement, your right to use the Services will immediately cease. Sections 1, 7, 8, 9, 10, 11, and 12 will survive termination.
6.1 Privacy Policy. Your use of the Services is subject to ZSD’s Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy describes our practices regarding the collection, use, and disclosure of your information.
6.2 Data Security. ZSD implements and maintains reasonable technical, organizational, and administrative security measures designed to protect User Data from unauthorized access, destruction, loss, alteration, or misuse.
6.3 Your Control of Data. Our Services are designed with zero-knowledge architecture principles that limit ZSD’s access to your unencrypted data. You maintain control over your encryption keys and, consequently, your data.
6.4 Data Exports. ZSD will provide functionality to allow you to export your User Data during the term of this Agreement.
You agree not to:
a. Use the Services for any illegal purpose or in violation of any laws;
b. Attempt to gain unauthorized access to the Services or related systems;
c. Interfere with or disrupt the integrity or performance of the Services;
d. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
e. Use the Services to store or transmit harmful code, malware, or other malicious programs;
f. Use the Services to infringe the intellectual property rights of others;
g. Resell, lease, or otherwise make the Services available to third parties without ZSD’s express written consent.
8.1 ZSD Warranties. ZSD warrants that it has the legal power to enter into this Agreement and that it will provide the Services using commercially reasonable care and skill.
8.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. ZSD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ZSD DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
9.1 Exclusion of Damages. IN NO EVENT WILL ZSD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ZSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Limitation of Liability. ZSD’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO ZSD FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) $1.
You will indemnify, defend, and hold harmless ZSD and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of this Agreement; (b) your User Data; or (c) your violation of any rights of another.
11.1 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
11.2 Dispute Resolution. Any dispute arising out of or relating to this Agreement will be resolved through binding arbitration in accordance with the American Arbitration Association’s Commercial Arbitration Rules.
11.3 Entire Agreement. This Agreement, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitutes the entire agreement between you and ZSD concerning the Services.
11.4 Modifications. ZSD reserves the right to modify this Agreement at any time. We will provide notice of material changes by posting the updated Agreement on our website and notifying you via email or through the Services.
11.5 Assignment. You may not assign this Agreement without ZSD’s prior written consent. ZSD may assign this Agreement without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
11.6 Severability. If any provision of this Agreement is found to be unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.
11.7 No Waiver. ZSD’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision.
If you have any questions or concerns about this Agreement or the Services, please contact us at:
Zero Sum Defense, Inc.
Email: legal@zerosumdefense.co
Phone: (818) 732-8733
Address: 7455 France Ave S, #277, Minneapolis, MN 55435
Explore Related Legal Information
By accessing or using the ZSD Platform, you acknowledge that you have read, understood, and agree to be bound by the terms of this Services Agreement.
Last updated: April 23, 2025