Terms and Conditions for ZwitterPro
Introduction
These Terms and Conditions (“Terms”) govern your use of the software product ZwitterPro (“Software”) provided by ZwitterCo, Inc. (“Company,” “we,” “us,” or “our”). By accessing, downloading, or using the Software, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PROCEED AND
DO NOT USE THE SOFTWARE.
Use of Software
The Software license grant is provided to you free of charge for informational purposes only. It is designed to assist users in understanding certain hypothetical outcomes based on the information provided by the User. The Software is not intended to be a substitute for professional advice. As not all parameters are addressed relating to an actual treatment, separation, or filtration process, this Software is provided for informational use only and should not be relied upon as a basis for operational, commercial, or technical decisions without independent verification.
Disclaimer
All information set forth herein is for informational purposes only. This information is general in nature and may differ based on actual conditions. You are solely responsible for determining whether the Software and the information it provides are appropriate for your use and for ensuring that your workplace and disposal practices comply with all applicable laws and regulations. Availability and Claims, The outcomes generated by the Software may not be available for sale or in all geographies where ZwitterCo is represented. Claims made may not have been approved for use in all countries. Please note that results may vary depending on specific circumstances, and while the operating conditions stated in this document are intended to lengthen product lifespan and/or improve performance, they do not guarantee any specific results. ZwitterCo assumes no obligation or liability for the information provided by the Software. No freedom from infringement of any patent or trademark owned by ZwitterCo or others is to be inferred.
NO WARRANTIES ARE GIVEN; ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
No Performance Guarantee
The outcomes generated by the Software are hypothetical and based on algorithms and data inputs. While the Software strives for accuracy, there are no guarantees regarding the reliability, accuracy, or performance of the results. Users should independently verify all results before relying on them for any purpose.
Limitation of Liability
No Liability for Damages. To the fullest extent permitted by law, ZwitterCo, Inc., its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Software or reliance on any outcomes produced by it. This includes, but is not limited to, damages resulting from: Loss of profits; Loss of data; Loss of use; Business interruption; Or any other commercial damages or losses arising out of or in connection with the use or performance of the Software, even if ZwitterCo has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless ZwitterCo, Inc. and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your; use of the Software, violation of these Terms; violation of any applicable law or regulation and /or infringement of any third-party rights
Modifications to Terms
ZwitterCo, Inc. reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. Any changes will be effective upon posting the revised Terms on our website or within the Software. Your continued use of the Software after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
Governing Law and Jurisdiction
Governing Law These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or your use of the Software shall be brought exclusively in the state or federal courts located in the Commonwealth of Massachusetts, and you hereby consent to the personal jurisdiction and venue of such courts.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and ZwitterCo, Inc. regarding your use of the Software and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
Acknowledgment and Acceptance
BY USING ZWITTERPRO, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.