ZUZU Terms and Conditions

Please read these Terms of Service and our Privacy Policy (collectively, the “Agreement”) carefully before using the Zuzu AI application software and website (collectively, our “App”) provided by Etrexio Digital Solutions Bilişim ve İletişim Teknolojileri Ticaret Limited Şirketi (“Etrexio,” “we,” or “us”). By using our App, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you are not permitted to use the App. Etrexio reserves the right to make unilateral modifications to the terms of the Agreement. This Agreement applies to all visitors, users, and others who download, access, or use the App (“Users”).

Zuzu AI App

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, non-commercial use, and only in accordance with the features of the App as it is marketed by Etrexio. Etrexio reserves all rights not expressly granted herein in the App and the Etrexio IP (as defined below). Etrexio may terminate or suspend this license at any time for any reason or no reason.

Commercial Use

You may not use the App for commercial purposes. It is forbidden for any third parties to use any content from the App for commercial purposes as well.

Zuzu AI Accounts

Your Zuzu AI account gives you access to the App and functionality that we may establish and maintain from time to time at our sole discretion. By connecting to Zuzu AI with a third-party service, you give us permission to access and use your information from that service as permitted by that service and to store your log-in credentials for that service.

You may never use another User’s account without permission, allow others to use your account, or transfer your account to others. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You must notify Etrexio immediately of any breach of security or unauthorized use of your account. Etrexio will not be liable for any losses caused by any unauthorized use of your account.

By providing Etrexio your email address, you consent to our using the email address to send you App-related notices, including any notices required by law, in lieu of communication by postal mail.

Usage Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the App in a manner that sends more request messages to the servers used by the App than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the App; (vii) collecting or harvesting any personally identifiable information, including account names, from the App; (viii) using the App for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the App; (xi) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (xii) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App or the content therein.

We may, without prior notice, change the App, stop providing the App or features of the App to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App or delete any User Content (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post, or display on or via our App. Etrexio shall have no liability for conduct in relation to your use of our App.

You accept and acknowledge that Etrexio is not responsible for User Content shared through the app or the use of the services and that it cannot be assumed that Etrexio approves or recommends the User Content. Etrexio is not obligated to subject the User Content to prior screening, control, modification, or erasure. If the User Content violates these terms and conditions, you are legally responsible for the possible consequences.

You acknowledge that User Content shared through the use of the app can remain visible on the app after the termination of our agreement if it has been shared by other Users.

Community Guidelines

The purpose of Zuzu AI is to build a community of fans to engage in positive and productive conversation. A team at Etrexio monitors the app and all community hubs daily to ensure postings and discussions are appropriate in nature.

By posting/using the mobile application – Zuzu AI – you agree that we may use your likeness or comments to promote the Zuzu AI brand. We reserve the right to remove content and/or block you from the community page if your posts are deemed inappropriate due to the following: Containing language, images, or video that is determined to be profane, obscene, vulgar, or lewd; using language that can be perceived as derogatory or discriminatory (including comments about sex, age, race, sexual orientation, political, or religious affiliation); spamming comments posted regarding the same content matter, links, video, or any other media; use of specific names of individuals, clubs, or identifiable names with language that defames, abuses, or threatens; promotion of any advertisement for products or services (unless approved by Etrexio).

Third-Party Content

To provide you with the best experience using our technology, we may use third-party videos or sounds and offer you a library of such content for the templates.

We use such content only in compliance with their respective Terms of Use, in good faith, and conforming to the Fair Use/Fair Dealing Doctrine under applicable laws. In particular, the purpose of the content’ use is transformative. The original materials are used in a new, unanticipated way, namely the results of the materials’ use create completely new videos, which are inherently of a parodic nature. The results of the materials’ use differ significantly from the original by character, mostly parodic or satiric, and alter the originals with new meaning, expression, and message, creating an object of ridicule. The extent of use is strictly limited by the purpose of transformation.

We do not claim any rights whatsoever to the original pictures, sounds, videos, or other intellectual property displayed on the materials contained in the templates and/or used by us in accordance with the Fair Use/Fair Dealing Doctrine, as prescribed herein or under applicable laws. The contents of the templates are used solely for the purposes of creating transformative works (including parodies) on the terms set out herein. You shall not use such content otherwise than as allowed by the Fair Use/Fair Dealing Doctrine.

User Content

Some areas of the App provide Users the capability to create, share, and post content such as profile information, photographs, videos, images, musical works, sound recordings, narration, text, and other material used to create a video clip, audio clip, picture, questions, and other material or information (any such materials a User provides, shares, submits, displays, or otherwise creates using the App are “User Content”). We claim no ownership rights over User Content created by you. Etrexio has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the App.

You agree not to post, store, transmit, create, or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), lib

elous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Etrexio reserves the right, but is not obligated, to reject and/or remove any User Content that Etrexio believes, in its sole discretion, violates these provisions, wholly or partially.

In case of any reported violation, Etrexio reserves the right, but is not obligated, to request information and/or documentation proving ownership of Intellectual Property Rights, or information and/or documentation proving existence or absence of violation. You accept and undertake to provide any such information and/or documentation. Submission or not submitting said information and/or documentation will not automatically result in Etrexio deciding in favor of or against the existence of a violation. Any such determination will be made and resulting actions will be taken based on the sole discretion of Etrexio. You agree not to make any claims concerning actions taken or not taken by Etrexio in this respect.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications for and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

You have the necessary rights to post the related User Content and to grant the below-mentioned rights to Etrexio and other Users, that you do not post User Content if you are not the copyright owner or are not fully authorized to use such content as foreseen hereunder and to grant the rights regulated herein. If you own or possess the rights to only certain elements in the User Content and/or if there are co-owners and/or all or part of the rights in and to the User Content belong to third parties, you must obtain the necessary and legally valid and binding permission/authorizations for the use of said content, or refrain from using such content in the App. Etrexio will in no way be deemed responsible or liable to obtain any licenses on behalf of you or related to your User Content.

Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.

Etrexio may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Etrexio takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, stores, shares, posts, or sends through the App. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms of Use, you may bear legal responsibility for that content.

User Content License Grant

If you share your User Content with Zuzu AI or link your User Content to Zuzu AI on a third-party service (including, for example, by using the tag #ZuzuAI on Instagram or tagging #ZuzuAI on Facebook), you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Etrexio a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to maintain in its servers, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of and/or sub-license, for purposes that Etrexio deems fit all such User Content, including without limitation distributing your content through multiple paid tiers of the Zuzu AI application and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the App and Etrexio’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of our App (and derivative works thereof) in any media formats and through any media channels. You hereby understand and declare that the aforementioned license grant includes Etrexio’s right to list your User Content and/or any part thereof in such sections as “favorites,” main screen, and other screens in the App and related advertising materials. Furthermore, such grant includes the right to allow other Users to use any part or element (e.g., music) of your User Content and to publish their own content, which may include a part or element from your User Content in the App or any other media they deem fit. You agree that this license includes the right for Etrexio to make all publicly posted User Content available to third parties selected by Etrexio so that those third parties can distribute and/or analyze such Content on other media and services.

In addition, you grant to each user of the Service a worldwide, non-exclusive, royalty-free license to access your User Content through the Service and to use, reproduce, distribute, share, display, adapt, prepare derivative works of, compile, make available, communicate to the public, and perform such User Content, along with your username, to the extent permitted by the functionality of the Service and in accordance with these Terms and our Privacy Policy.

You continue to own all of your original User Content in any video created by you with Zuzu AI. However, you do not own any music, audio clips, video, or other content provided by third parties via the App, including any such content that you include in a video, and you may only use such content for private non-commercial purposes and to the extent of the functionality of the App.

You can share your video clips created by the App with others via email, SMS text messages, or third-party services such as Instagram, Facebook, YouTube, Twitter, and Vine. Etrexio has no control over third-party sites and services. If you choose to share your video on a third-party site or service, you do so at your own risk, and you understand that this Agreement (including the Privacy Policy) does not apply to your use of such sites. You are solely responsible for your videos and any sharing of the videos by you or through your account. You are responsible for ensuring that you have all Intellectual Property Rights for any User Content that you create via the App. You agree that Etrexio shall not be liable for any violation of any laws or rights of third parties, including without limitation Intellectual Property Rights, rights of privacy, and rights of publicity, arising from or related to your creation or use of any User Content, and you agree to defend, indemnify, and hold harmless Etrexio from any and all liability arising from your access to or creation, use, or sharing of any User Content.

Indemnity

You agree to defend, indemnify, and hold harmless Etrexio and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, including without limitation any User Content or any that is created, stored, shared, or submitted via your account; or (vi) any other party’s access and use of the App with your unique username, password, or other appropriate security code.

No Warranty

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETREXIO OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ETREXIO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, IS IN COMPLIANCE WITH ANY APPLICABLE LEGISLATION, RELIABLE OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP IS

FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.

ETREXIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ZUZU AI APP OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ETREXIO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETREXIO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL ZUZU AI BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETREXIO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ETREXIO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ETREXIO PRIOR TO THE DATE ON WHICH THE RELATED DAMAGE TOOK PLACE.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ETREXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU AND ETREXIO AGREE THAT YOU AND ETREXIO 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 OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

Trademark Information

You agree that all of Zuzu AI trademarks, trade names, service marks, and other Etrexio logos and brand features, and product and service names are trademarks and the property of Etrexio (the “Zuzu AI Marks”). Without prior permission, you agree not to display or use in any manner the Zuzu AI Marks.

Procedure for Making Claims of Copyright Infringement

We respect intellectual property rights, including copyrights. The use of any material or content (including video or sound) is prohibited if you do not own the related intellectual property rights or own the necessary licenses. We reserve the right to take down any content that violates intellectual property rights.

If you believe that your work has been copied and posted on the App in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the App of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Etrexio’s Copyright Agent for notice of claims of copyright infringement is as follows: support@etrexio.com. Etrexio may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users.

Violations

Please report any violations of the Services to us: support@etrexio.com.

Updates to this Policy

We reserve the right to modify this Policy from time to time. If we make any changes to this Policy, we will change the “Last Revision” date below and will post the updated Policy on this page.

Last Revision Date

This Policy was last revised on, and effective as of 04.10.2024.