Zero ASIC Terms of Service
Effective date: Dec 1, 2021. (These terms were inspired by GitHub’s Terms of Service.)
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
An "Account" represents your legal relationship with Zero ASIC. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Zero ASIC. Private Accounts are only available through paid subscription. If you didn’t pay for the account, it’s not Private.
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Zero ASIC Privacy Statement, available at zeroasic.com/privacy) and procedures that we may publish from time to time on the Website.
"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
“Content” refers to content communicated to the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
“Zero ASIC,” “We,” and “Us” refer to Zero ASIC Corporation, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
The “Service” refers to the applications, software, products, and services provided by Zero ASIC, including any Beta Previews.
“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).
The “Website” refers to Zero ASIC’s website located at zeroasic.com, and all content, services, and products provided by Zero ASIC at or through the Website. It also refers to Zero ASIC-owned subdomains of zeroasic.com.
B. Account Terms
Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
B.1. Account Controls
Subject to these Terms, you retain ultimate control over your User Account and the Content within it.
B.2. Required Information
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
B.3. Account Requirements
We have a few simple rules for User Accounts on Zero ASIC's Service.
You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
One person or legal entity may maintain no more than one free Account..
You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. Zero ASIC does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
You may not use Zero ASIC in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use Zero ASIC if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. Zero ASIC may allow persons in certain sanctioned countries or territories to access certain Zero ASIC services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy.
B.4. User Account Security
You are responsible for keeping your Account secure while you use our Service.
You are responsible for all content posted and activity that occurs under your Account.
You are responsible for maintaining the security of your Account and password. Zero ASIC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Zero ASIC if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
B.5. Additional Terms
In some situations, third parties' terms may apply to your use of Zero ASIC. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
C. Acceptable Use
Short version: Zero ASIC supports a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
Short version: We host a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the Service, you must comply with our Acceptable Use Policies, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
C.1. Compliance with Laws and Regulations
You are responsible for using the Service in compliance with all applicable laws, regulations, and all of our Acceptable Use Policies.
C.2 Content Restrictions
Under no circumstances will Users upload, post, host, execute, or transmit any Content that:
infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right.
shares unauthorized product licensing keys, software for generating unauthorized product licensing keys, or software for bypassing checks for product licensing keys, including extension of a free license beyond its trial period
directly supports unlawful active attack or malware campaigns that are causing technical harms — such as using our platform to deliver malicious executables or as attack infrastructure, for example by organizing denial of service attacks or managing command and control servers — with no implicit or explicit dual-use purpose prior to the abuse occurring; or
is unlawful or promotes unlawful activities;
C.3 Conduct Restrictions
While using the Service, under no circumstances will you:
harass, abuse, threaten, or incite violence towards any individual or group, including our employees, officers, and agents, or other users;
interact with platform features, in a way that significantly or repeatedly disrupts the experience of other users;
use our servers for any form of excessive automated bulk activity (for example, spamming or cryptocurrency mining), to place undue burden on our servers through automated means, or to relay any form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
use our servers to disrupt or to attempt to disrupt, or to gain or to attempt to gain unauthorized access to, any service, device, data, account or network;
impersonate any person or entity, including any of our employees or representatives, including through false association with Zero ASIC, or by fraudulently misrepresenting your identity or site's purpose; or
violate the privacy of any third party, such as by posting another person's personal information without consent.
C.4. Spam and Inauthentic Activity on Zero ASIC
Automated excessive bulk activity and coordinated inauthentic activity, such as spamming, are prohibited on Zero ASIC. Prohibited activities include:
bulk distribution of promotions and advertising prohibited by Zero ASIC policies
inauthentic interactions, such as fake accounts and automated inauthentic activity
creation of or participation in secondary markets for the purpose of the proliferation of inauthentic activity
using Zero ASIC as a platform for propagating abuse on other platforms
phishing or attempted phishing
C.5. Services Usage Limits
You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
C.6. Information Usage Restrictions
You may use information from our Service for the following reasons, regardless of whether the information was scraped, collected through our API, or obtained otherwise:
Researchers may use public, non-personal information from the Service for research purposes, only if any publications resulting from that research are open access.
Archivists may use public information from the Service for archival purposes.
Scraping refers to extracting information from our Service via an automated process, such as a bot or webcrawler. Scraping does not refer to the collection of information through our API. You may not use information from the Service (whether scraped, collected through our API, or obtained otherwise) for spamming purposes, including for the purposes of sending unsolicited emails to users or selling User Personal Information such as to recruiters, headhunters, and job boards.
Misuse of User Personal Information is prohibited.
Any person, entity, or service collecting data from the Service must comply with the Zero ASIC Privacy Statement, particularly in regards to the collection of User Personal Information. If you collect any User Personal Information from the Service, you agree that you will only use that User Personal Information for the purpose for which that User has authorized it. You agree that you will reasonably secure any User Personal Information you have gathered from the Service, and you will respond promptly to complaints, removal requests, and "do not contact" requests from us or other users.
C.8. Excessive Bandwidth Use
The Service's bandwidth limitations vary based on the features you use. If we determine your bandwidth usage to be significantly excessive in relation to other users of similar features, we reserve the right to suspend your Account, throttle your file hosting, or otherwise limit your activity until you can reduce your bandwidth consumption. We also reserve the right—after providing advance notice—to delete repositories that we determine to be placing undue strain on our infrastructure.
C.10. User Protection
You must not engage in activity that significantly harms other users. We will resolve disputes in favor of protecting users as a whole
D. User-Generated Content
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
D.1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
D.2. Zero ASIC May Remove Content
We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or Zero ASIC terms or policies. User-Generated Content displayed on Zero ASIC for mobile may be subject to mobile app stores' additional terms.
D.3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Zero ASIC Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting Zero ASIC the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it.
D.4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
This license does not grant Zero ASIC the right to sell Your Content. It also does not grant Zero ASIC the right to otherwise distribute or use Your Content outside of our provision of the Service.
D.5. License Grant to Other Users
D.6. Contributions Under Repository License
D.7. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Zero ASIC the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
E. Private Accounts
Short version: We treat the content of Private Accounts as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the account owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.
E.1. Control of Private Accounts
Private Accounts allow the User to control access to Content.
E.2. Confidentiality of Private Accounts
Zero ASIC considers the contents of Private Accounts to be confidential to you. Zero ASIC will protect the contents of Private Accounts from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
Zero ASIC personnel may only access the content of your Private Accounts in the situations described in our Privacy Statement.
You may choose to enable additional access to your Private Accounts. For example: You may enable various Zero ASIC services or features that require additional rights to Your Content in Private Accounts. These rights may vary depending on the service or feature, but Zero ASIC will continue to treat your Private Account Content as confidential. If those services or features require rights in addition to those we need to provide the Zero ASIC Service, we will provide an explanation of those rights.
Additionally, we may be compelled by law to disclose the contents of your Private Accounts.
Zero ASIC will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.
F. Copyright Infringement and DMCA Policy
If you believe that content on our website violates your copyright, please contact us at [email protected]. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
G. Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
G. 1. Zero ASIC Rights to Content
G.2. Zero ASIC Trademarks and Logos
If you’d like to use Zero ASIC’s trademarks, send a request to [email protected].
G.3. License to Zero ASIC Policies
This Agreement is licensed under a Creative Commons Zero license.
H. API Terms
Short version: You agree to these Terms of Service, plus this Section H, when using any of Zero ASIC's APIs (Application Provider Interface), including use of the API through a third party product that accesses Zero ASIC.
Abuse or excessively frequent requests to Zero ASIC via the API may result in the temporary or permanent suspension of your Account's access to the API. Zero ASIC, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed Zero ASIC's rate limitations.
You may not use the API to download data or Content from Zero ASIC for spamming purposes, including for the purposes of selling Zero ASIC users' personal information, such as to recruiters, headhunters, and job boards.
All use of the Zero ASIC API is subject to these Terms of Service and the Zero ASIC Privacy Statement.
Zero ASIC may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of Zero ASIC's Service.
I. Zero ASIC Additional Product Terms
Short version: You need to follow certain specific terms and conditions for Zero ASIC's various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement.
Some Service features may be subject to additional terms specific to that feature or product as set forth in the Zero ASIC Additional Product Terms. By accessing or using the Services, you also agree to the Zero ASIC Additional Product Terms.
J. Beta Previews
Short version: Beta Preview are free and may not be supported or may change at any time.
J.1. Subject to Change
Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that Zero ASIC will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
Short version: You are responsible for any fees associated with your use of Zero ASIC. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
Our pricing and payment terms are available at zeroasic.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
K.2. Upgrades, Downgrades, and Changes
We will immediately bill you when you upgrade from the free plan to any paying plan.
If you change from a monthly billing plan to a yearly billing plan, Zero ASIC will bill you for a full year at the next monthly billing date.
If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account.
K.3. Billing Schedule; No Refunds
Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to purchase paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears.
Invoicing For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the Zero ASIC invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, Zero ASIC reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on Zero ASIC's net income) that are imposed or become due in connection with this Agreement.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Zero ASIC.
K.5. Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Zero ASIC any charge incurred in connection with your use of the Service. If you dispute the matter, contact [email protected]. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
L. Cancellation and Termination
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
L.1. Account Cancellation
It is your responsibility to properly cancel your Account with Zero ASIC. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. Free Beta Preview accounts are not cancellable but automatically expire in 30 days. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
L.2. Upon Cancellation
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
L.3. Zero ASIC May Terminate
Zero ASIC has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Zero ASIC reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
M. Communications with Zero ASIC
Short version: We use email and other electronic means to stay in touch with our users.
M.1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
M.2. Legal Notice to Zero ASIC Must Be in Writing
Communications made through email or Zero ASIC messaging system will not constitute legal notice to Zero ASIC or any of its officers, employees, agents or representatives in any situation where notice to Zero ASIC is required by contract or any law or regulation. Legal notice to Zero ASIC must be in writing.
M.3. No Phone Support
Zero ASIC only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
N. Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
Zero ASIC provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Zero ASIC does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
O. Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
the use, disclosure, or display of your User-Generated Content;
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
P. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release Zero ASIC from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Zero ASIC (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Zero ASIC of all liability); and (3) provides to you all reasonable assistance, at your expense.
Q. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your Zero ASIC account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
R. 1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Zero ASIC and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Massachusetts, without regard to conflict of law provisions. You and Zero ASIC agree to submit to the exclusive jurisdiction and venue of the courts located in the City of Boston, Massachusetts.
Zero ASIC may assign or delegate these Terms of Service and/or the Zero ASIC Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
R.3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
R.4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Zero ASIC to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
R.5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of Zero ASIC, or by the posting by Zero ASIC of a revised version in accordance with Section Q. Changes to These Terms. These Terms of Service, together with the Zero ASIC Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Zero ASIC relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.