Last updated: April 3, 2025
These Terms of Service (the 'Agreement') govern the provision and use of the ZyptAI Managed Service ('Services') provided by ZyptAI ('Publisher', 'We', 'Us') to the Customer ('You'). By purchasing or using the Services through the Azure Marketplace, You agree to be bound by this Agreement.
ZyptAI grants You a non-exclusive, non-transferable, revocable license to access and use the Services, subject to the terms of this Agreement and Your active Azure subscription associated with the Marketplace purchase. The Services provide AI-powered assistance, including RAG, chat, document processing, text analysis, and integrations (e.g., Jira, LucidChart), deployed as an Azure Managed Application.
Deployment: The Services are deployed as an Azure Managed Application. Azure resources required for the Services will be provisioned within a dedicated Managed Resource Group inside Your Azure subscription.
Publisher Access for Management: You acknowledge and agree that ZyptAI requires access to manage the Azure resources within the Managed Resource Group. This access is granted via Azure Lighthouse, allowing specified identities from the Publisher Tenant to perform necessary Azure resource management tasks such as updates, maintenance, monitoring, troubleshooting, and support. This access is strictly scoped to the Managed Resource Group and is primarily for managing the infrastructure (e.g., starting/stopping services, applying updates, configuring resource settings). Crucially, this standard management access granted via Lighthouse does not provide ZyptAI with direct access to the content of Your Customer Data stored within services like Azure AI Search indexes, Azure Cosmos DB databases, or Azure Storage Accounts deployed inside the MRG. See Section 4 for details on data access limitations. The specific Publisher identities and roles are defined in the Marketplace plan’s technical configuration.
Resource Ownership: The Managed Resource Group and the Azure resources within it reside in Your subscription. You retain ownership of Your Customer Data stored within these resources.
Data Location: All Customer Data processed and stored by the core operational components of the Services resides within the Azure resources deployed in the Managed Resource Group in Your Azure subscription and chosen Azure region(s), subject to the data residency capabilities of the underlying Azure services.
Data Roles: You are the Data Controller of Your Customer Data. ZyptAI acts as the Data Processor, processing Customer Data only as necessary to provide, maintain, and support the Services as instructed by Your use of the application and as outlined in this Agreement and our Privacy Policy. A separate DPA must be executed if required by applicable law or Your organization.
Publisher Data Access Limitations: ZyptAI personnel or automated systems, using the Azure Lighthouse permissions (Section 3), primarily interact with the Azure resource management plane for operational purposes. ZyptAI does not have default or routine access to view, extract, or modify the content of Your Customer Data stored within the Azure data services (such as Azure AI Search indexes, Cosmos DB collections, Storage Accounts) inside the Managed Resource Group. Access to data content would only occur in exceptional circumstances, strictly limited to what is necessary for specific troubleshooting or support activities explicitly requested or consented to by You (e.g., analyzing specific diagnostic data which might contain request metadata), and ZyptAI commits to accessing the minimum data necessary for these purposes under confidentiality obligations. ZyptAI does not use Your Customer Data content for its own purposes, model training, or any purpose other than providing and supporting the Services for You.
Usage Data Collection: ZyptAI collects Usage Data (e.g., feature usage frequency, performance metrics, error logs via Application Insights) to monitor service health, improve the Services, ensure stability, and for billing purposes (if applicable). This Usage Data is handled in accordance with our Privacy Policy and is separate from Your Customer Data content.
Privacy Policy: Our handling of personal data and Usage Data is further detailed in our Privacy Policy, available at:[Link to Your Privacy Policy Here]. By using the Services, you agree to the terms of our Privacy Policy.
ZyptAI implements reasonable administrative and technical safeguards designed to protect the configuration and integrity of the managed Azure resources. Authentication relies on Your Azure Active Directory. You are responsible for securing access to Your Azure subscription and managing user permissions within Your tenant.
The Services rely on and integrate with various Microsoft Azure services (including Azure OpenAI, Azure AI Search, Microsoft Graph for SharePoint, etc.) and potentially other third-party services (e.g., LucidChart). Your use of the Services is also subject to the applicable terms, privacy policies, and service limitations of Microsoft and any relevant third parties.
The Services’ performance and capabilities may be subject to limitations imposed by underlying Azure services and the configuration and health of Your Azure subscription.
ZyptAI reserves the right to implement reasonable usage limits if necessary to maintain service quality and stability.
Service availability is dependent on the availability of the underlying Azure platform and Your Azure subscription status.
You retain all ownership rights to Your Customer Data. ZyptAI and its licensors retain all ownership rights, title, and interest in and to the Services software, architecture, documentation, and Usage Data. You are granted a license solely to use the outputs generated by the Services for Your internal business purposes.
Billing: Charges are billed via Your Azure subscription per the Marketplace offer plan.
Cancellation: Governed by Azure Marketplace policies and the offer plan.
Support: ZyptAI provides technical support for the Services. Microsoft provides support only for Azure platform issues and Marketplace billing/purchase issues.
ZyptAI may deploy updates, enhancements, and maintenance releases to the Services within the Managed Resource Group.
This Agreement begins upon successful deployment and continues until cancelled via the Azure Portal or terminated for material breach.
Both parties agree to maintain the confidentiality of proprietary information disclosed.
THE SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYPTAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ZYPTAI’S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID ZYPTAI FOR THE SERVICES IN THE PRECEDING [TWELVE] MONTHS.
This Agreement shall be governed by the laws of [Your State/Country, e.g., the State of Delaware, USA], without regard to its conflict of laws principles.
For questions regarding this Agreement, please contact ZyptAI at:
Email: tim.barrow@zyptai.com
Website: https://www.zyptai.com