Terms of Service

Effective Date: February 10, 2026

These Terms of Service ("Terms") govern your access to and use of PowerHA Copilot and related services (collectively, the "Service") provided by ZIEMACS AI, LLC ("ZIEMACS AI," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Definitions

"Customer" means the entity or individual that subscribes to the Service.

"Authorized Users" means individuals authorized by Customer to access the Service.

"Customer Data" means data submitted by Customer or Authorized Users to the Service.

"PowerHA Copilot" means the AI-powered platform for managing IBM PowerHA SystemMirror clusters.

2. Service Description

PowerHA Copilot provides AI-assisted management, monitoring, troubleshooting, and automation capabilities for IBM PowerHA SystemMirror high availability clusters. The Service integrates with Customer's existing infrastructure and provides recommendations and automated actions subject to Customer-configured approval workflows.

3. Account Registration

To use the Service, you must register for an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Subscription and Fees

Subscription fees are based on the pricing plan selected at time of purchase.
Fees are billed in advance on a monthly or annual basis.
All fees are non-refundable except as expressly stated in these Terms.
We reserve the right to modify pricing with 30 days' notice.

5. Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes. You agree not to:

Sublicense, sell, or redistribute the Service
Reverse engineer, decompile, or disassemble the Service
Use the Service to develop a competing product
Circumvent any security or access controls
Use the Service in violation of applicable laws

6. Customer Data

You retain all rights to your Customer Data. By using the Service, you grant us a limited license to process Customer Data solely to provide and improve the Service. We will handle Customer Data in accordance with our Privacy Policy.

7. AI-Powered Features

The Service uses artificial intelligence and machine learning to provide recommendations and automation. You acknowledge that:

AI recommendations are advisory and should be reviewed by qualified personnel
You are responsible for configuring appropriate approval workflows for automated actions
AI outputs may not be accurate in all circumstances
Critical infrastructure decisions should involve human oversight

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or circumstances beyond our control. Scheduled maintenance will be communicated in advance when possible.

9. Support

Support is provided according to your subscription plan. Support channels, response times, and availability vary by plan level.

10. Intellectual Property

The Service, including all software, documentation, and content, is owned by ZIEMACS AI and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or branding.

11. Confidentiality

Each party agrees to protect the other's confidential information with reasonable care. Confidential information does not include information that is publicly available, independently developed, or rightfully received from third parties.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIEMACS AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify and hold ZIEMACS AI harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

15. Term and Termination

These Terms remain in effect while you use the Service.
Either party may terminate with 30 days' written notice.
We may suspend or terminate access immediately for material breach.
Upon termination, your right to use the Service ceases and you must delete any Service materials in your possession.

16. Data Export

Upon request prior to termination, we will provide a reasonable opportunity to export your Customer Data. After termination, Customer Data may be deleted in accordance with our data retention policies.

17. Modifications

We may update these Terms from time to time. Material changes will be communicated via email or through the Service. Continued use after changes constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Delaware.

19. General

These Terms constitute the entire agreement between you and ZIEMACS AI.
Failure to enforce any provision does not waive our right to enforce it later.
If any provision is found unenforceable, the remaining provisions remain in effect.
You may not assign these Terms without our consent.

20. Contact

For questions about these Terms, contact us at:

ZIEMACS AI, LLC
Email: legal@ziemacs.ai
Website: https://ziemacs.ai