Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of gozymtrace.com and the zymtrace continuous GPU profiling platform (collectively, the "Service") operated by zymtrace, Inc. ("the Company," "we," "us," or "our"), a company located at 535 Mission Street, 14th Floor, San Francisco, CA 94105. By accessing or using the Service -- including connecting a GPU workload to our eBPF-based profiling agent -- you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service is designed for platform engineers, SRE teams, and AI infrastructure practitioners running GPU-intensive workloads. Use of the Service on behalf of an organization means you represent that you have the authority to bind that organization to these Terms.

2. Use of the Service

• You must be at least 18 years old or have the consent of a parent or legal guardian to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, or copy the Service except as permitted by applicable law.
• You are responsible for ensuring that connecting the zymtrace agent to any infrastructure you do not own or control is permitted by the relevant owner and any applicable agreements.
• You may not use the Service to process data from third-party systems in violation of those systems' terms or applicable law.

3. Intellectual Property

The Service, including all text, graphics, logos, flamegraph rendering engine, and software, is owned by zymtrace, Inc. or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access the Service for its intended purpose. Profiling data and flamegraph output generated from your infrastructure remain yours; we hold a limited license to store and display that data within your account solely to provide the Service.

4. User Content

You are responsible for any content you submit through the Service, including via contact forms, email, or infrastructure connections. You represent that you have all necessary rights to submit such content. You grant us a limited license to use, store, and process the content as necessary to provide the Service and respond to your inquiry. We do not use profiling data from your workloads to train machine learning models without explicit written agreement.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYMTRACE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZYMTRACE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless zymtrace, Inc. from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. On termination, your profiling data will be deleted within 30 days. Sections that by their nature should survive termination will survive (including Sections 3, 5, 6, 7, 9, and 10).

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in California, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and zymtrace, Inc. each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in California, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact