Terms of Service

Last Updated: March 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the ZIBBYAI, INC. (“Zibby,” “we,” “us”) websites, mobile applications, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

1. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent that you meet this requirement.

2. Alpha/Beta Service; No Guarantees

The Service may be offered in an alpha or beta state. Features may change, break, be removed, or be unavailable at any time. Crashes and data loss are possible. We have no obligation to provide support, maintenance, uptime, or continued availability.

3. Accounts and Security

You are responsible for all activity on your account and for keeping your credentials secure. You agree to provide accurate information and to keep it current.

4. Alpha Entitlement; Reasonable Use

During an alpha/beta program, we may provide access to features without charge (“Alpha Entitlement”). Alpha Entitlement is promotional, revocable, non-transferable, has no cash value, and may be modified or ended at any time.

To protect the Service and manage capacity and costs, we may impose limits, throttle usage, restrict features, or suspend or terminate access, in whole or in part, at our sole discretion, including to prevent abuse, manage excessive usage, reduce costs, or protect other users. We may notify you, but we are not obligated to.

5. User Content; License

“User Content” means any content you submit to the Service, including text, audio, images, and metadata.

You retain ownership of your User Content. You grant Zibby a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, process, modify (for technical purposes such as formatting, compression, transcription, and generation), create derivative works from (for technical purposes), and display your User Content solely to operate, provide, secure, maintain, and improve the Service, and as otherwise described in the Privacy Policy.

You represent that you have all rights necessary to provide User Content and that providing it does not violate law or third-party rights.

Model training limitation: We do not use your personal information or User Content to train models.

6. Acceptable Use; Prohibited Conduct

You may not use the Service in a way that violates these Terms or the Acceptable Use Policy (“AUP”). The AUP is incorporated by reference. We may remove content and restrict, throttle, suspend, or terminate accounts or features at our sole discretion.

7. Third-Party Services

The Service may integrate with third-party services. We do not control third-party services and are not responsible for them. Your use of third-party services is governed by their terms and policies.

8. Analytics and Measurement

We may use analytics and measurement tools (including third-party SDKs) to understand usage and improve the Service. Where the Service provides an in-app choice to disable non-essential analytics, you can change that setting at any time. Disabling non-essential analytics does not prevent collection of data necessary to operate, secure, or debug the Service, and it does not affect TestFlight data collection.

9. Communications and Consent Choices

We may send you service-related communications. You may opt out of marketing communications where offered, but you may still receive operational messages.

10. Termination

You may stop using the Service at any time. We may restrict, suspend, or terminate your access at any time, with or without notice, for any reason. Upon termination, your right to use the Service ends immediately. We may delete your account and User Content, subject to legal and operational requirements.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIBBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT CONTENT WILL BE PRESERVED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIBBY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, REVENUE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIBBY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU PAID TO ZIBBY FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (IF ANY).

13. Indemnity

You agree to defend, indemnify, and hold harmless Zibby from any claims, liabilities, damages, losses, and expenses arising from your User Content, your use of the Service, or your violation of these Terms or the AUP.

14. Dispute Resolution; Arbitration; Class Action Waiver (US Only)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

A. Informal resolution

Before filing a claim, you agree to contact us at support@zibby.ai and provide a brief description of the dispute. The parties will attempt to resolve the dispute informally.

B. Binding arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, except that either party may bring claims in small claims court if eligible. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration may be conducted by video or phone unless the arbitrator requires an in-person hearing. The arbitrator may award the same damages and relief as a court.

C. Class action waiver

YOU AND ZIBBY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

D. Opt-out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing support@zibby.ai with the subject line “Arbitration Opt-Out” and the email address associated with your account.

This section does not apply where prohibited by law.

15. Governing Law; Venue

These Terms are governed by the laws of the State of Delaware, excluding its conflict of laws rules. If arbitration is found unenforceable for a claim, that claim will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

16. Changes

We may change these Terms at any time. Continued use of the Service after changes means you accept the updated Terms.

17. Contact and Notices

Support: support@zibby.ai

Legal notices to Zibby:

ZIBBYAI, INC.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808


Acceptable Use Policy (AUP)

Last Updated: March 1, 2026

This Acceptable Use Policy (“AUP”) applies to your use of the services provided by ZIBBYAI, INC. (“Zibby,” “we,” “us”). We may enforce this AUP at our sole discretion, including by removing content and restricting, throttling, suspending, or terminating accounts or features. We may notify you, but we are not obligated to.

1. Prohibited Content and Conduct

You may not use the Service to, attempt to, or facilitate others to:

A. Illegal activity and harm

  • Violate any law or regulation.

  • Promote, facilitate, or depict illegal activity.

B. Child safety (zero tolerance)

  • Create, upload, store, share, request, or distribute any sexual content involving minors.

  • Exploit, harm, or attempt to exploit or harm minors.

We may immediately suspend accounts and remove content, and we may report activity to relevant authorities as required or appropriate.

C. Harassment and violence

  • Harass, stalk, threaten, or intimidate others.

  • Incite violence or make credible threats of violence.

D. Privacy violations and non-consensual content

  • Record, upload, or share content that violates another person’s privacy rights, including non-consensual recordings.

  • Share personal data (doxxing) or content you do not have permission to share.

E. IP infringement

  • Infringe intellectual property rights or encourage infringement.

F. Security and platform abuse

  • Probe, scan, or test vulnerabilities of the Service.

  • Bypass or attempt to bypass rate limits, quotas, or access controls.

  • Use bots, scrapers, or automated means to extract data or content.

  • Reverse engineer, decompile, or attempt to discover source code, models, prompts, or underlying systems, except to the extent prohibited by law.

  • Introduce malware or interfere with the Service’s operation.

G. Fraud and misrepresentation

  • Impersonate others or misrepresent your identity in a harmful or deceptive way.

  • Engage in fraud, abuse promotions, or manipulate the Service.

2. Reporting

You may report violations to support@zibby.ai. We may investigate and take action, but we do not guarantee that we will review or remove any specific content.

3. Enforcement

We may remove content, restrict features, throttle usage, suspend or terminate accounts, and cooperate with law enforcement where we deem appropriate or where required by law. Enforcement may occur without notice.

4. Updates

We may update this AUP at any time. Continued use of the Service means you accept the updated AUP.

Reasonable Use and Service Limits For TestFlight Users

Last Updated: March 1, 2026

To protect the Service and manage capacity and costs, we may impose limits, throttle usage, restrict features, or suspend or terminate access, in whole or in part, at our sole discretion, including to prevent abuse, manage excessive usage, reduce costs, or protect other users. We may notify you, but are not obligated to.

Starter quotas 

Set these per account (single-user).

  1. Audio transcription

  • 30 minutes per day

  • 300 minutes per rolling 30 days

  1. AI image generations

  • 10 per day

  • 100 per rolling 30 days

  1. AI clip/video generations (if enabled)

  • 2 per day

  • 20 per rolling 30 days

  1. Exports (downloads, shareable packages)

  • 2 per day

  • 20 per rolling 30 days

  1. Storage

  • 5 GB total stored User Content per account (soft limit warning at 80%, hard limit at 100% with upload block)

  1. Request rate limits (expensive endpoints)

  • Transcription job create: 6 per hour

  • Image generation: 12 per hour

  • Clip generation: 4 per hour

  • Export: 6 per hour

Enforcement:

  • Soft limit: warn in-app when user hits 80% of a rolling window.

  • Hard limit: deny request with a “limit reached” message.

  • Abuse mode: if anomaly detection triggers, apply stricter throttles immediately (no notice required).

Anomaly signals (abuse detection)

  • Burst usage far above typical human behavior (many jobs in short window)

  • Repeated failed attempts to bypass limits

  • Automation patterns (uniform timing, identical payloads, sequential enumeration)

  • Suspicious IP/device churn

  • Excessive export attempts

Admin controls (must-have)

  • Per-account override: unlimited, increased quotas, disabled features

  • Kill switch per feature

  • Temporary suspension

  • Counter reset

Audit logging

Log:

  • account_id, user_id, feature, timestamp, quota window, decision (allow/deny/throttle), reason code

  • include correlation IDs for vendor calls

Retain logs as needed for security and troubleshooting, subject to privacy constraints.