Zubu | Legal Hold Compliance at the Speed of Business

Welcome to Zubu.AI. These Terms of Service (“Terms”) govern your access to and use of the Zubu.AI website, platform, software, applications, and related services (collectively, the “Services”).

These Terms are between you and ZUBU.AI, INC. (“Zubu,” “Zubu.AI,” “we,” “us,” or “our”). By accessing or using the Services, creating an account, clicking to accept these Terms, or purchasing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, do not access or use the Services.

1. Authority

You must have the authority and be able to form a binding contract to use the Services. If you are using the Services on behalf of a company, law firm, government entity, or other organization, you represent and warrant that you have full authority to bind that entity to these Terms.

2. Enterprise Agreements Control

If you and Zubu have entered into a separate written agreement signed by both parties, such as a Master Services Agreement, Order Form, Statement of Work, Data Processing Addendum, Security Addendum, or Service Level Agreement (collectively, an “Enterprise Agreement”), then that Enterprise Agreement will control to the extent of any conflict with these Terms.

These Terms are intended primarily for Zubu.AI users, evaluators, trial users, and customers who use the Services without a separately negotiated Enterprise Agreement.

3. The Services

Zubu provides a software-as-a-service platform and related features that may support legal hold, preservation, collection, workflow, communications, auditability, reporting, and related business or legal operations.

We may modify, update, enhance, replace, suspend, or discontinue all or part of the Services from time to time. We will use commercially reasonable efforts not to materially reduce core paid subscription functionality during an active subscription term, except where necessary for security, legal, operational, or technical reasons.

Availability commitments for paid subscriptions are stated in the Zubu Service Level Agreement at https://www.zubu.ai/sla, which is incorporated into these Terms by reference. Support and maintenance are described in the Zubu Support and Maintenance Policy at https://www.zubu.ai/support. The remedies stated in the Service Level Agreement are your sole and exclusive remedies for any unavailability of the Services.

4. Limited Right to Use the Services

Subject to your compliance with these Terms and payment of all applicable fees, Zubu grants you a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Services and related documentation solely for your internal business purposes.

The Services are licensed, not sold. No ownership rights in the Services are transferred to you.

5. Accounts and Authorized Users

You may be required to create an account to use certain parts of the Services. You are responsible for:

maintaining the confidentiality of your account credentials;
all activity under your account;
ensuring that your employees, contractors, and other authorized users (“Authorized Users”) comply with these Terms; and
promptly notifying us of any suspected unauthorized use of your account or any security incident involving your account.

6. Your Responsibilities

You are responsible for:

your and your Authorized Users’ use of the Services;
the accuracy, quality, legality, and reliability of all data, content, and materials you submit to the Services;
obtaining all rights, permissions, and consents needed for Zubu to process your data as contemplated by these Terms;
complying with all laws, regulations, court orders, contractual obligations, and internal policies applicable to your use of the Services; and
making all legal, compliance, records-retention, preservation, and litigation-related decisions associated with your matters and data.

Zubu provides software tools and workflows. Zubu is not a law firm, does not provide legal advice, and does not make legal judgments for you. You and your counsel remain solely responsible for legal hold scope, preservation decisions, retention obligations, legal sufficiency, and litigation strategy.

7. Restrictions

You may not, and may not permit any third party to:

copy, modify, distribute, sell, lease, sublicense, or resell the Services except as expressly authorized by Zubu;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, models, or underlying structure of the Services, except to the limited extent prohibited by law;
access or use the Services to build or support a competing product or service;
use the Services for any unlawful, fraudulent, deceptive, abusive, infringing, or harmful purpose;
upload or transmit malware, malicious code, or harmful content;
interfere with or disrupt the performance, integrity, or security of the Services;
bypass or attempt to bypass any authentication, access control, usage limit, or security feature;
scrape, crawl, harvest, or extract data from the Services except as expressly permitted; or
use the Services for benchmarking or competitive analysis without our prior written consent.

8. Customer Data

“Customer Data” means (a) the content that lives in your own systems, such as Microsoft 365, Google Workspace, and cloud storage services, including mailboxes, files, chat messages, and similar records, together with their metadata (“Customer Source Data”); and (b) the records the Services create and store to run your legal hold program, including hold and matter details, custodian names and contact details, hold notices and acknowledgments, questionnaire responses, search criteria, metadata, indexes and search results derived from Customer Source Data, outputs of AI features, and audit logs (“Customer Hold Records”). The Privacy Policy refers to Customer Data as “Customer Content.”

As between you and Zubu, you retain all right, title, and interest in and to Customer Data.

The Services operate on Customer Source Data in place, through interfaces you authorize, so that holds are applied and collections are performed inside your own environment. Zubu does not retain copies of Customer Source Data. Where you direct Zubu to collect content, it passes through Zubu’s environment while it is being delivered to a destination you control, such as your own cloud storage or review platform. During that process it may be held in temporary files within Zubu’s environment; those files are deleted when the collection completes, and Zubu keeps no copy. Customer Hold Records are stored in Zubu’s environment.

You grant Zubu a non-exclusive, worldwide, limited right to access, process, and transmit Customer Source Data, and to host, store, copy, process, transmit, and display Customer Hold Records, in each case solely on your instructions and as necessary to:

provide, maintain, support, and secure the Services;
prevent fraud, misuse, and security threats;
comply with law and valid legal process; and
enforce these Terms.

Zubu does not sell Customer Data, share it for advertising, or use it to train or improve artificial intelligence or machine learning models.

You represent and warrant that you have all rights necessary for Zubu to use Customer Data as permitted under these Terms.

9. Aggregated and De-Identified Data

Zubu may collect and use usage data, analytics, operational metrics, and similar information relating to the performance and operation of the Services.

Zubu may also create and use aggregated, de-identified operational statistics for lawful business purposes, including analytics, security, benchmarking, and operation and improvement of the Services, provided that such statistics do not identify you, your Authorized Users, or any individual. Zubu does not use Customer Data, or personal information about Authorized Users, to train, retrain, fine-tune, or otherwise improve artificial intelligence or machine learning models, whether Zubu’s own or a third party’s, and nothing in this section permits Zubu to do so.

10. Privacy

Your use of the Services is also governed by our Privacy Policy at https://www.zubu.ai/privacy-policy, which is incorporated into these Terms by reference.

To the extent Zubu processes personal information on your behalf, the Zubu Data Processing Addendum at https://www.zubu.ai/dpa applies and is incorporated into these Terms by reference, unless you and Zubu have signed different data processing terms.

11. Security and Breach

Zubu maintains a written information security program with administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, use, alteration, disclosure, and loss, appropriate to the sensitivity of the information. Zubu’s security program is aligned with the SOC 2 Trust Services Criteria and ISO/IEC 27001. Zubu’s safeguards include:

encryption of data in transit using TLS 1.2 or higher and at rest using AES-256 or equivalent;
role-based access controls, least-privilege provisioning, and multi-factor authentication for access to production systems;
an in-place architecture under which Customer Source Data stays within your own systems and security perimeter, and is not retained in Zubu’s;
logical separation of each customer’s Customer Hold Records, with access by Zubu personnel limited to what is necessary to operate the Services and provide support, and logged;
encrypted storage of connector credentials in a dedicated secrets-management service, with least-privilege permission scopes and customer-side revocation;
security monitoring, centralized audit logging, vulnerability scanning, and periodic penetration testing by independent third parties;
secure software development practices, including code review and change management;
background checks (where permitted by law), confidentiality obligations, and security and privacy training for personnel who handle Customer Data; and
an incident-response program, tested regularly.

Zubu will notify you of a confirmed security incident involving your Customer Data without undue delay, and will notify regulators and individuals as required by applicable law. Information about Zubu’s security program, including any independent audit reports, is available to customers on request to security@zubu.ai, subject to a non-disclosure agreement.

No system is completely secure, and you acknowledge that the Services may be subject to outages, attacks, or other events beyond our reasonable control.

12. Third-Party Services

The Services may integrate with or permit access to third-party applications, services, software, websites, or content (“Third-Party Services”). Zubu does not control and is not responsible for Third-Party Services.

Your use of any Third-Party Services is solely between you and the applicable third party and may be subject to separate terms and privacy policies.

13. Feedback

If you provide Zubu with suggestions, ideas, recommendations, or other feedback about the Services (“Feedback”), you grant Zubu a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, modify, reproduce, disclose, distribute, and otherwise exploit that Feedback for any lawful purpose without restriction or compensation.

14. Fees and Payment

If you purchase a paid subscription or other Services, you agree to pay all fees specified at checkout, in an Order Form, or otherwise agreed with Zubu.

Unless otherwise stated:

fees are stated and payable in U.S. dollars;
fees are non-cancelable and non-refundable except as expressly stated in these Terms or required by law;
subscriptions renew automatically unless canceled before renewal; and
you authorize Zubu and its payment processors to charge your payment method for applicable fees, taxes, renewals, overages, and other charges associated with your account.

You are responsible for all applicable sales, use, value-added, and similar taxes, excluding taxes based on Zubu’s net income.

If payment is overdue, we may charge interest at the lesser of 1.5% per month or the maximum rate allowed by law, and we may suspend access after notice and a reasonable opportunity to cure.

15. Trials, Betas, and Free Services

Zubu may offer free trials, proof-of-value, beta features, pilot environments, or other no-fee services (“Free Services”).

Free Services are provided as is and as available, without warranties, service levels, support commitments, indemnities, or security commitments, and may be modified, suspended, or discontinued at any time. Zubu may delete data associated with Free Services unless otherwise required by law or agreed in writing.

16. Subscription Term and Renewal

Your subscription begins on the start date stated in your checkout flow, Order Form, or account settings and continues for the applicable term (the “Subscription Term”).

Unless otherwise stated, paid subscriptions automatically renew for successive renewal terms equal to the initial Subscription Term unless canceled before the renewal date through the cancellation method we make available.

We may change subscription pricing for future renewal terms by providing advance notice as required by law.

17. Cancellation

You may cancel your subscription through your account settings or by contacting us at billing@zubu.ai. If you purchased your subscription through an authorized Zubu partner, Section 38 applies.

Unless otherwise stated in a separate written agreement, cancellation will take effect at the end of the then-current paid term, and you will continue to have access to the Services through the end of that term.

18. Suspension

We may suspend your or any Authorized User’s access to all or part of the Services immediately if we reasonably determine that:

your use poses a security risk to the Services or any third party;
your use violates these Terms or applicable law;
you fail to pay fees when due and do not cure after notice;
suspension is necessary to prevent harm, liability, or service disruption; or
we are required to do so by law or court order.

Where reasonably practicable, we will provide notice before suspension.

19. Termination

These Terms remain in effect until terminated.

We may terminate these Terms or your access to the Services if:

you materially breach these Terms and fail to cure within 30 days after notice, or immediately if the breach is incurable;
you become insolvent, enter liquidation, or cease doing business;
we are required to do so by law; or
we discontinue the Services.

You may stop using the Services at any time.

Upon termination or expiration:

your right to access and use the Services ends;
you remain responsible for any accrued but unpaid fees; and
we may delete Customer Data in accordance with our retention practices and any applicable written agreement, subject to legal obligations.

20. Data Export and Deletion

During an active paid subscription, you may export Customer Data using functionality made available within the Services, if any.

Following expiration or termination, we will make Customer Hold Records available for retrieval and then delete them as stated in the Data Processing Addendum or, if different, your Order Form. After that period, we may delete Customer Data unless legally prohibited from doing so.

21. Intellectual Property

Zubu and its licensors own and retain all right, title, and interest in and to the Services, including all software, technology, workflows, methods, interfaces, designs, documentation, content, and related intellectual property rights.

Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

22. Confidentiality

If either party discloses non-public information that is identified as confidential or reasonably should be understood to be confidential (“Confidential Information”), the receiving party will:

use it only to exercise rights or perform obligations under these Terms;
protect it using reasonable care; and
not disclose it to third parties except to those with a need to know who are bound by confidentiality obligations.

Confidential Information does not include information that:

becomes public through no fault of the receiving party;
was lawfully known to the receiving party before disclosure;
is lawfully received from a third party without restriction; or
is independently developed without use of the disclosing party’s Confidential Information.

A receiving party may disclose Confidential Information when required by law, subpoena, or court order, provided it gives notice where legally permitted.

23. Limited Warranty

Zubu warrants that, during an active paid subscription term, the Services will materially conform to the documentation made available by Zubu.

Your exclusive remedy and Zubu’s sole liability for breach of this warranty will be, at Zubu’s option:

commercially reasonable efforts to correct the non-conformity; or
if correction is not commercially reasonable, termination of the affected Services and a pro rata refund of prepaid fees for the unused portion of the affected subscription term.

24. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES, FREE SERVICES, WEBSITE, DOCUMENTATION, AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZUBU DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RESULTS.

ZUBU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL DATA WILL ALWAYS BE PRESERVED, STORED, TRANSMITTED, OR RECOVERED WITHOUT ERROR.

ZUBU DOES NOT PROVIDE LEGAL ADVICE AND DOES NOT WARRANT OR GUARANTEE THAT USE OF THE SERVICES WILL SATISFY ANY LEGAL OBLIGATION, DISCOVERY REQUIREMENT, PRESERVATION DUTY, REGULATORY REQUIREMENT, OR LITIGATION STRATEGY.

25. Indemnification by You

You will defend, indemnify, and hold harmless Zubu and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

Customer Data;
your or your Authorized Users’ use of the Services in violation of these Terms or applicable law;
your infringement or violation of any third-party rights; or
your negligence, misconduct, or unauthorized instructions.

26. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZUBU AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS INTERRUPTION, LOST DATA, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZUBU’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF:

the amount paid or payable by you for the Services giving rise to the claim, whether to Zubu or to an authorized Zubu partner, during the twelve (12) months preceding the event giving rise to liability; or
one hundred U.S. dollars (US $100), if you have not had any payment obligation for the Services.

The limits in this section and the limits in the Zubu End User License Agreement at https://www.zubu.ai/eula are a single combined limit and are not cumulative. Nothing in these Terms limits liability to the extent such limitation is prohibited by law.

27. Publicity

You may not use Zubu’s name, logos, or trademarks without Zubu’s prior written consent. Zubu will not publicly identify you as a customer or use your name or logo in promotional materials without your prior written consent, unless otherwise agreed in writing.

28. Export Compliance

You may not access or use the Services in violation of U.S. export control, sanctions, or similar laws. You represent and warrant that you are not prohibited from receiving the Services under applicable law.

29. Government Users

If you are a U.S. government entity, the Services are provided as commercial products and commercial services, and any use, duplication, or disclosure is subject to these Terms and applicable procurement law.

30. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms on our website and update the “Last Updated” date above. If required by law, we may also provide additional notice.

By continuing to use the Services after the updated Terms become effective, you agree to the revised Terms.

31. Governing Law and Venue

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of California, without regard to conflict-of-laws rules.

Any action or proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in San Francisco County, California, and each party consents to the jurisdiction and venue of those courts.

32. Injunctive Relief

You acknowledge that a breach of the sections concerning restrictions, intellectual property, or confidentiality may cause irreparable harm for which monetary damages may be inadequate. Zubu may seek injunctive or equitable relief in addition to any other remedies available at law or in equity.

33. Notices

We may provide notices to you by email, through the Services, or by posting them on our website.

Notices to Zubu should be sent to:

ZUBU.AI, INC.
Attn: Legal Department
100 Pine Street, Suite 1250
San Francisco, CA 94111
Email: legal@zubu.ai

34. Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them without Zubu’s prior written consent, except in connection with a merger, acquisition, or sale of substantially all of your assets.

Zubu may assign these Terms without restriction.

35. Force Majeure

Neither party will be liable for delays or failures to perform caused by circumstances beyond its reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, labor disputes, pandemics, internet failures, telecommunications failures, cyberattacks, or governmental action, except that this section does not excuse your payment obligations.

36. Entire Agreement; Severability; Waiver

These Terms, together with any Order Form, Privacy Policy, and any documents expressly incorporated by reference, constitute the entire agreement between you and Zubu regarding the Services and supersede all prior or contemporaneous agreements regarding the Services.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

A failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

37. Automated and AI-Assisted Features

The Services may include features that use machine learning and other artificial intelligence techniques, for example to classify documents, identify custodians and data sources, suggest scope, and summarize content (“AI Features”).

Zubu’s commitments regarding AI Features are stated in the Privacy Policy, which is incorporated into these Terms. They include that Zubu does not use Customer Data to train or improve artificial intelligence models, that AI Features analyzing Customer Source Data run inside your own environment, and that Zubu does not send Customer Data to third-party AI model providers. If the Privacy Policy and this paragraph differ, the Privacy Policy controls.

You acknowledge and agree that:

output of AI Features is generated automatically, may be incomplete or inaccurate, and must be reviewed by your authorized personnel before you rely on it for any legal or operational decision;
AI Features do not provide legal advice, do not make legal determinations, and do not replace the judgment of you or your counsel;
if you connect the Services to a third-party AI tool or assistant, for example through Zubu’s API or a connector you enable, data flows to that tool under your configuration and that third party’s terms, and not under Zubu’s commitments; and
you may not use the Services, the documentation, or any output of AI Features to train, fine-tune, evaluate, or benchmark an artificial intelligence model, or attempt to extract or derive the models, prompts, or logic behind AI Features.

38. Purchases Through Authorized Partners

If you purchased your subscription through an authorized Zubu reseller or other partner (a “Partner”):

these Terms apply directly between you and Zubu and govern your use of the Services;
the price you pay, invoicing, payment terms, taxes, and any services the Partner provides are governed by your agreement with the Partner, and the payment provisions of Section 14 apply to you only for amounts you owe Zubu directly;
your subscription term and renewal term are those stated in the order the Partner places with Zubu for you, and you should send renewal, non-renewal, and cancellation notices to the Partner;
the Partner is not Zubu’s agent and has no authority to modify these Terms or to make any representation, warranty, or commitment on Zubu’s behalf, and Zubu is not bound by any that the Partner makes;
any refund owed under these Terms will be paid through the Partner;
Zubu may suspend your access, after notice to you, if Zubu does not receive payment for your subscription;
Zubu and the Partner may exchange account, usage, and support information about you as needed to provide and support the Services, and the Partner may provide first-line support; and
if the Partner stops being an authorized Zubu partner, Zubu may continue to provide your subscription directly or through another Partner for the remainder of your subscription term.

39. Contact Information

If you have questions about these Terms, contact us at:

Terms of Service