Effective Date: [Insert date]
These Terms & Conditions (“Commercial Terms”) apply to purchases and commercial use of products and services provided by ZionDome, Inc. (“ZionDome,” “we,” “us,” “our”), including pilots, subscriptions, professional services, deployments, and any associated hardware (“Offerings”).
If you are an individual consumer, additional mandatory rights may apply under your local laws.
Contact: marco@ziondome.us
1) Order forms and scope
Offerings are provided under:
- an Order Form, Statement of Work (SOW), proposal, or invoice accepted by you (“Order”), and
- these Commercial Terms.
If there is a conflict, the Order controls for scope, pricing, and delivery details.
2) Definitions (plain English)
- Software / Platform: ZionDome web apps, dashboards, APIs, and associated services.
- Hardware: any on-site device, deployable protection unit, sensor, or related equipment provided by ZionDome or sourced through partners.
- Services: implementation, training, inspections/verification support (if included), support services, and professional services.
- Customer Data: data you provide or generate through use of the Offerings.
3) Pilot engagements
Pilots are intended to validate workflows and value for a limited scope (sites, region, timeframe). Unless the Order says otherwise:
- pilot results may be influenced by external conditions (weather, access, site readiness),
- pilots do not guarantee insurance pricing outcomes or specific loss reduction results,
- success criteria and deliverables should be documented in the SOW (recommended).
4) Fees, billing, and taxes
- Fees, billing schedule, and payment terms are defined in the Order.
- Invoices are due within [15/30] days unless stated otherwise.
- Late payments may incur interest at the maximum rate permitted by law.
- Taxes (VAT, sales tax, withholding) are your responsibility unless stated otherwise.
5) Subscriptions and renewals (if applicable)
If you purchase a subscription:
- access is provided for the subscription term in the Order,
- renewal terms (auto-renew or manual) will be stated in the Order,
- fees are non-refundable except where required by law.
6) Delivery and acceptance
Deliverables and timelines are as stated in the SOW/Order. Acceptance is deemed to occur upon:
- written acceptance, or
- use in production, or
- [10] business days after delivery without a documented material nonconformity.
7) Customer responsibilities
You agree to:
- provide timely access to sites, staff, and required information,
- ensure safe working conditions and compliance with site rules,
- maintain connectivity, power, and environmental requirements (if applicable),
- obtain all permits and approvals required for deployment and operation,
- follow operating instructions and safety guidance for Hardware.
Delays caused by missing inputs or site access may shift delivery timelines.
8) Hardware terms (purchase/rental/loan)
If Hardware is included, the Order will specify whether it is sold, rented, or loaned. Unless otherwise stated:
- you are responsible for proper installation, operation, and routine maintenance,
- risk of loss passes upon delivery/installation as stated in the Order,
- you must not modify Hardware in ways that compromise safety or performance.
Any warranties on Hardware are as stated in the Order or manufacturer documentation. If Hardware is supplied by third parties, those third-party terms may apply.
9) Support and service levels
Support scope (hours, response times, channels) is defined in the Order or support policy. Unless you have a contracted SLA:
- support is provided on a commercially reasonable basis,
- urgent incident handling is best-effort and depends on access, telemetry, and site conditions.
10) Data, privacy, and security
- You own your Customer Data.
- ZionDome may process Customer Data only to provide and improve the Offerings, comply with law, and enforce agreements.
- Each party will implement reasonable security practices appropriate to its role.
For personal data, our Privacy Policy applies, and enterprise/government customers may execute a Data Processing Agreement (DPA) upon request.
11) Intellectual property
- ZionDome retains all rights to the Platform, models, know-how, and deliverable templates.
- You receive a limited license to use the Platform and deliverables for your internal purposes during the subscription/engagement term.
- Custom deliverables may be licensed as specified in the Order.
12) Confidentiality
Each party may receive confidential information. Both parties agree to:
- protect confidential information with reasonable care,
- use it only for performing under the agreement,
- not disclose it except to employees/contractors with a need to know under similar obligations.
Confidentiality does not apply to information that is publicly known or independently developed.
13) Compliance and lawful use
You will use the Offerings in compliance with applicable laws and policies. For municipal workflows:
- human verification is required before enforcement actions,
- you remain responsible for due process and legal determinations.
ZionDome does not provide legal advice.
14) No guarantees of outcomes
Wildfire environments are complex and influenced by external variables. Except as expressly stated in the Order:
- ZionDome does not guarantee that damage, loss, outage, or incident will be prevented,
- risk scores and scenario outputs are decision-support tools, not certainty,
- insurance premium changes, coverage decisions, and credits are controlled by third parties.
15) Warranties and disclaimers
Except as expressly stated in the Order:
- Offerings are provided “as is” and “as available.”
- ZionDome disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.
16) Limitation of liability
To the maximum extent permitted by law:
- neither party is liable for indirect, incidental, special, consequential, or punitive damages,
- ZionDome’s total liability for claims related to the Offerings is limited to the amounts paid by you to ZionDome under the applicable Order in the 12 months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations; these limits may not fully apply.
17) Indemnification
You agree to indemnify ZionDome for claims arising from:
- your misuse of the Offerings,
- your violation of law or third-party rights,
- site conditions, unauthorized modifications, or unsafe operation of Hardware.
If ZionDome provides indemnification (e.g., for IP infringement), it must be explicitly stated in the Order.
18) Term and termination
- These Commercial Terms apply for the duration of the Order.
- Either party may terminate for material breach if not cured within [30] days after notice.
- On termination, outstanding fees become due, and access may be suspended per the Order.
19) Governing law and venue
These Commercial Terms are governed by the laws of Delaware. Any dispute will be brought in the state or federal courts located in Delaware, unless mandatory local consumer laws require otherwise.
20) Miscellaneous
- Assignment: you may not assign without our consent; we may assign in a merger or sale.
- Severability: invalid provisions will be modified to reflect intent; remainder stays in effect.
- Entire agreement: these Commercial Terms plus the Order/SOW form the entire agreement for the Offering.