Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SMBData LLC, a Texas limited liability company ("SMBData," "we," "us," or "our"), governing your access to and use of the ZuluKey platform, including all associated websites, applications, APIs, and services (collectively, the "Service").

SMBData LLC is the owner and operator of ZuluKey™, a patent-pending information relay platform. By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Service

ZuluKey is a transient, token-mediated data relay platform that enables users to transmit information across any communication channel — including voice, text, email, chat, and in-person — using time-limited, single-use access codes. Key features include:

• Generation of unique 6-character alphanumeric access codes with NATO phonetic display
• Automatic data expiration within a configurable window (default 5 minutes, maximum 30 minutes)
• Single-use code enforcement — data is designed to be deleted upon first retrieval or expiration
• ZIP code-based secondary verification for recipient authentication
• Audit logging of metadata (timestamps, categories, channels) — never actual data values

The Service is provided on a freemium basis. Free accounts are limited to 15 requests per calendar month. Paid subscription tiers provide higher limits and additional features as described on our Pricing page.

3. Subscription Billing, Auto-Renewal, and Refunds

Billing: Paid subscriptions are billed monthly in advance. By subscribing to a paid plan, you authorize SMBData LLC to charge your payment method on a recurring monthly basis until you cancel.

Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee at the start of each renewal period. We will not provide advance notice of each auto-renewal charge beyond this disclosure.

14-Day Free Trial: New subscribers receive a 14-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically convert to a paid monthly subscription and your payment method will be charged.

Cancellation: You may cancel your subscription at any time through your account dashboard or by contacting us at support@zulukey.com. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period for which you have paid.

Refund Policy: Monthly subscriptions are non-refundable once the billing period has begun. If you believe you were charged in error, contact us at support@zulukey.com within 30 days of the charge and we will review your request. We reserve the right to issue refunds at our sole discretion. Trials that are cancelled before conversion are not charged and require no refund.

Price Changes: We reserve the right to change subscription pricing. We will provide at least 30 days notice before any price change takes effect for existing subscribers.

You must be at least 18 years of age to use the Service. By using ZuluKey, you represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Service under applicable law.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. SMBData LLC shall not be liable for any loss or damage arising from your failure to maintain account security.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree NOT to use the Service to:

• Transmit, store, or share any information in violation of applicable federal, state, local, or international law or regulation
• Share protected health information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA) unless you have entered into a separate Business Associate Agreement (BAA) with SMBData LLC
• Transmit cardholder data subject to Payment Card Industry Data Security Standards (PCI-DSS) without appropriate authorization
• Engage in any fraudulent, deceptive, or misleading activity
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Attempt to gain unauthorized access to any portion of the Service or any other systems connected to the Service
• Introduce any virus, trojan horse, worm, or other malicious code into the Service
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service
• Use the Service for any purpose that competes with SMBData LLC without express written permission
• Harass, abuse, or harm another person or entity through use of the Service
• Violate the privacy, intellectual property, or other rights of any third party

SMBData LLC reserves the right to terminate your access to the Service immediately and without notice for any violation of this Acceptable Use Policy.

User Responsibility for Data Compliance

ZuluKey is a general-purpose information relay tool. SMBData LLC makes no representation that the Service is suitable for any specific use case, industry, workflow, or data type. Users are solely responsible for evaluating whether the Service meets their requirements before use, and for ensuring their use of ZuluKey complies with all applicable laws and regulations governing the data they choose to transmit, including but not limited to HIPAA, GDPR, CCPA, and any other federal, state, or local data protection laws. By using the Service, you assume full responsibility for the data fields you configure and transmit through the platform.

5. Intellectual Property Rights

The Service, including all software, algorithms, user interfaces, designs, text, graphics, logos, and content, is the exclusive property of SMBData LLC and is protected by United States and international intellectual property laws, including copyright, trademark, trade secret, and patent law.

ZuluKey™ is a trademark of SMBData LLC. The underlying system and method for transient, token-mediated exchange of data is the subject of a pending United States patent application filed by SMBData LLC ("Patent Pending"). Any unauthorized use, reproduction, or commercialization of the patented or patent-pending technology is strictly prohibited and may result in civil and criminal liability.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business or personal purposes in accordance with these Terms. This license does not include any right to sublicense, sell, resell, transfer, assign, or otherwise commercially exploit the Service.

Any feedback, suggestions, or ideas you provide regarding the Service may be used by SMBData LLC without restriction or compensation to you.

6. Data Handling

ZuluKey is designed to make submitted information inaccessible after retrieval by the intended recipient. However, SMBData LLC makes no guarantee that information is permanently or completely deleted from all systems, backups, logs, or infrastructure at any specific time. Residual copies may exist in backup or archival systems for a period consistent with our operational practices.

SMBData LLC is not responsible for information that is intercepted, accessed, or retained by third parties outside of our systems, including internet service providers, network operators, or unauthorized parties.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Security

SMBData LLC implements reasonable technical measures in the operation of the service. However, no method of transmission over the internet or method of electronic storage is completely secure. SMBData LLC cannot and does not guarantee the absolute security of any information transmitted to or through the service. You acknowledge and accept this risk as a condition of use.

In the event of a security incident affecting your data, SMBData LLC's sole obligation shall be to notify you as required by applicable law. SMBData LLC shall have no further liability arising from any security incident to the extent permitted by law.

7. Beta Service Disclaimer

During the beta period, SMBData LLC reserves the right to modify, suspend, or discontinue the Service (or any portion thereof) at any time with or without notice. We may also change pricing, features, or access levels at any time during or after the beta period.

8. HIPAA Notice

ZuluKey is NOT currently certified as a HIPAA-compliant platform. The Service should NOT be used to transmit, store, or share Protected Health Information (PHI) as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, unless you have executed a written Business Associate Agreement (BAA) with SMBData LLC.

Users in regulated industries, including but not limited to healthcare, finance, and legal services, are solely responsible for ensuring their use of the Service complies with all applicable laws and regulations. SMBData LLC expressly disclaims any liability arising from unauthorized transmission of regulated data through the Service.

8a. No Warranty of Fitness for Purpose

ZuluKey is a general-purpose information relay tool. SMBData LLC makes no representation that the Service is suitable for any specific use case, industry, workflow, data type, or compliance requirement — including but not limited to DevOps credential sharing, financial data transmission, legal intake, insurance verification, or any other specific application. Users are solely responsible for evaluating whether the Service meets their requirements, security standards, and regulatory obligations before use. Nothing in our marketing materials, documentation, or communications constitutes a representation of fitness for any particular purpose.

ZuluKey is a communication tool designed to facilitate the collection of information between professionals and their clients. It is not a compliance solution and makes no representation that use of the product satisfies any regulatory requirement. Users are solely responsible for ensuring their use of ZuluKey complies with all applicable laws and regulations governing their industry.

Any records, logs, activity exports, or documentation artifacts generated by the Service are provided on a best-effort basis and are offered solely as a convenience feature. Such records are not warranted to be complete, continuous, tamper-proof, legally sufficient, or suitable for use as evidence in any legal, regulatory, audit, or compliance proceeding. Users who rely on ZuluKey-generated records for documentation purposes do so at their own risk and are solely responsible for maintaining independent records and determining whether any ZuluKey output meets their specific documentation or evidentiary requirements. ZuluKey is not a record-keeping service, document management system, or compliance program, and should not be used as the sole or primary means of satisfying any documentation obligation.

Disclaimer of Warranties

ZULUKEY AND ALL RELATED SERVICES, CONTENT, AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. SMBDATA LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

• Any implied warranty of merchantability
• Fitness for a particular purpose
• Title and non-infringement
• That the service will be uninterrupted, timely, secure, or error-free
• That any information obtained through the service will be accurate or reliable
• That defects will be corrected
• That the service is free of viruses, malware, or other harmful components
• Any warranty arising from course of dealing, usage, or trade practice
• Any warranty that the service will meet your requirements or expectations

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMBDATA LLC OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY, BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SMBDATA LLC MAKES NO WARRANTY REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE. USE OF THE SERVICE IS AT YOUR SOLE RISK.

Service Availability and Modifications

SMBData LLC reserves the right to modify, suspend, or permanently discontinue ZuluKey or any part of the service at any time, with or without notice, and without liability to you or any third party. We do not guarantee any specific level of availability, uptime, or service continuity. Your use of the service is at your own risk.

User Responsibilities and Representations

By using ZuluKey, you represent and warrant that:

• You have a legitimate business purpose for each information request you initiate
• You have obtained or will obtain any necessary consent from individuals whose information you request
• Your use of ZuluKey complies with all applicable laws, regulations, and professional standards governing your industry and jurisdiction
• You will not use ZuluKey to collect data types prohibited in these Terms
• You are solely responsible for the information you request and how you use it after retrieval

SMBData LLC assumes no responsibility for how retrieved information is used, stored, or processed by users after retrieval from ZuluKey.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMBDATA LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS
• LOSS OR CORRUPTION OF DATA OR CONTENT
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT, CONTENT, OR SERVICES
• DAMAGES ARISING FROM YOUR RELIANCE ON THE SERVICE FOR ANY PURPOSE
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMBDATA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SMBDATA LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SMBDATA LLC IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SMBDATA LLC AND YOU. SMBDATA LLC WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

Indemnification

You agree to defend, indemnify, and hold harmless SMBData LLC and its officers, directors, members, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the service
• Your violation of these Terms
• Your violation of any third-party right, including privacy, publicity, or intellectual property rights
• Your violation of any applicable law or regulation
• Any information you submit, transmit, or make available through the service
• Any claim by any person whose information you collect using the service
• Your industry-specific regulatory obligations and any failure to comply with them
• Any dispute between you and any third party

This indemnification obligation will survive termination of these Terms and your use of the service.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. For any dispute not subject to arbitration under these Terms, you irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Dallas County, Texas. You waive any objection to such jurisdiction and venue.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution. Before initiating any formal proceeding, you agree to contact SMBData LLC in writing and allow thirty (30) days to attempt informal resolution. This requirement does not apply to claims for injunctive or other equitable relief related to intellectual property infringement.

Binding Arbitration. Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions of arbitrability — shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Dallas County, Texas, or remotely if both parties agree. The arbitrator's award shall be final and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND SMBDATA LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Jury Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

Opt-Out. You may opt out of binding arbitration by sending written notice to legal@zulukey.com within thirty (30) days of first agreeing to these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

Exceptions. Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Changes to the Service and Terms

SMBData LLC reserves the right to modify, suspend, or discontinue the Service — or any feature or part thereof — at any time, with or without notice, and without liability to you. SMBData LLC also reserves the right to modify these Terms at any time. We will indicate material changes by updating the "Last Updated" date at the top of this page and, where feasible, by sending notice to the email address associated with your account. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

Third-Party Services

The Service may integrate with or link to third-party websites, services, or applications that are not owned or controlled by SMBData LLC. SMBData LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party services. Your use of any third-party service is governed solely by the terms and conditions of that service. We encourage you to review the terms and privacy policies of any third-party services you use in connection with ZuluKey.

Force Majeure

SMBData LLC shall not be liable for any delay or failure to perform any obligation under these Terms to the extent such delay or failure is caused by circumstances beyond SMBData LLC's reasonable control, including but not limited to: acts of God; natural disasters; epidemics or pandemics; war, terrorism, or civil unrest; government actions, sanctions, or regulations; internet infrastructure failures or outages; third-party service provider failures; labor disputes; or power failures. SMBData LLC will use commercially reasonable efforts to resume performance as soon as practicable under the circumstances.

Account Suspension and Termination

SMBData LLC reserves the right to suspend, restrict, or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice, and without liability to you. Without limiting the foregoing, grounds for termination include violation of these Terms, fraudulent or abusive activity, conduct harmful to other users, SMBData LLC, or third parties, or any reason SMBData LLC deems appropriate in its sole discretion.

You may terminate your account at any time by contacting us at legal@zulukey.com. Upon termination for any reason, your right to access and use the Service ceases immediately. SMBData LLC has no obligation to retain or provide copies of your data after termination, subject to our Privacy Policy and applicable law.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: ownership and intellectual property provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and SMBData LLC with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service. No course of dealing or trade usage shall modify these Terms.

Severability and Waiver

Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable — or, if modification is not possible, severed from these Terms — and the remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by SMBData LLC in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy precludes any other or further exercise thereof or the exercise of any other right, power, or remedy.

Assignment. You may not assign or transfer your rights or obligations under these Terms without SMBData LLC's prior written consent. SMBData LLC may freely assign or transfer its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Export Compliance. You agree to comply with all applicable U.S. and international export control laws and regulations in your use of the Service.