These Terms of Use apply to the public ZYGHT website and to the ZYGHT software and online services made available by Datamine Chile S.A., which operates the ZYGHT brand. In these Terms, ZYGHT, we, us and our refer to Datamine Chile S.A.; Service includes the website, customer instances, applications, support resources and any enabled artificial intelligence functionality; Customer means the organisation that has subscribed to the Service; and User means any person who accesses or uses it. 

1 Scope and Acceptance 

By accessing or using the Service, you agree to these Terms. If you use the Service for a Customer, you confirm that you are authorised to do so and that the Customer has authorised your use. 

Paid subscriptions may also be governed by an order form, master agreement, data processing agreement, service schedule or other written agreement with the Customer. If there is a conflict, that written customer agreement takes priority over these Terms for the paid Service. These Terms do not replace any rights or obligations that cannot lawfully be excluded. 

2 Accounts and Authorised Use 

You must provide accurate account information, keep your credentials confidential and use only the account and permissions assigned to you. You are responsible for activity carried out through your account, except to the extent caused by ZYGHT. Notify ZYGHT or your Customer administrator promptly if you suspect unauthorised access or a security incident. 

The Customer is responsible for selecting authorised users, assigning appropriate roles, applying least privilege, removing access when it is no longer required and supervising use of the Service. 

3 Customer Content 

Customer Content means data, documents, images, prompts, instructions, files and other information submitted to, stored in or made accessible through the Service. The Customer and its licensors retain their rights in Customer Content. 

The Customer grants ZYGHT and its contracted service providers a limited right to host, copy, transmit, process and display Customer Content only as necessary to provide, secure, support and maintain the Service, comply with law and perform the applicable customer agreement. 

The Customer is responsible for the legality, accuracy, quality and context of Customer Content and for obtaining all rights, notices, consents and other legal bases required to process it. Users must not submit credentials, private keys, unlawfully obtained information, or personal or sensitive data that is not necessary for an authorised purpose. 

4 Artificial Intelligence Features 

The Service may include optional features that use artificial intelligence, machine learning, language models, automated analytics or similar technology, whether provided by ZYGHT or a third party. These are AI Features. AI Features may generate summaries, classifications, explanations, visualisations, queries, predictions, suggestions, recommendations or other material. These are AI Outputs. 

AI Features are support tools only. They are not professional advice, legal or regulatory advice, medical advice, engineering advice, an audit, a certification, an approval, an emergency service, a safety critical control, or a substitute for inspections, risk assessments, permits, statutory records, competent persons or the Customer’s own controls. 

AI Outputs are generated using probabilistic technology. They may be inaccurate, incomplete, outdated, biased, inconsistent, misleading or unsupported, and may contain fabricated statements or references. An AI Output is not a representation, instruction, warranty or official conclusion of ZYGHT. 

5 Human Review and High Impact Decisions 

The Customer must appoint suitably qualified people to review AI Outputs before they are used, published, shared, entered into a record or relied on. Review must be proportionate to the risk and must verify source data, applicable time periods, assumptions, context, legal requirements and consistency with authoritative records. 

AI Output must not be the sole or decisive basis for a decision concerning occupational health or safety, legal or regulatory compliance, incident investigation, emergency response, employment, discipline, access to benefits, insurance, credit, medical matters, environmental obligations, financial commitments, contractual rights, reports to authorities, or any decision that may materially affect a person or third party. 

The Customer remains responsible for every decision, action, omission, report and communication made using an AI Output, including determining whether additional professional review, testing or approval is required. Where the law requires a human decision maker or a right to human review, the Customer must provide it. 

6 Acceptable Use 

You must not use the Service or an AI Feature to: 

• break the law, infringe rights, breach confidentiality or process personal data without authority; 
• mislead, discriminate, harass, defraud or cause unreasonable risk to health, safety, privacy, employment or other rights; 
• make a prohibited fully automated or high impact decision; 
• bypass access controls, probe security, introduce malicious code, reverse engineer restricted components or disrupt the Service; 
• scrape, extract or transmit data in bulk except through an authorised feature or integration; 
• represent AI Output as verified, certified or authored by ZYGHT; or 
• use AI Output outside its intended purpose or without the review required by these Terms. 

ZYGHT may investigate suspected misuse and may limit or suspend access where reasonably necessary to protect people, data, the Service, other customers or legal compliance. 

7 Third Party Technology and Changes 

The Service may rely on cloud services, AI models, connectors, data sources and other technology supplied by third parties. Their availability, behaviour and technical limits may change. ZYGHT may replace, modify, restrict or discontinue a component where reasonably necessary for security, legal compliance, supplier availability or product development. Material changes to a paid Service will be handled under the applicable customer agreement. 

Links to third party websites or services are provided for convenience. ZYGHT does not control their content, security or terms and is not responsible for them. 

8 Intellectual Property 

ZYGHT and its licensors retain all rights in the Service, software, interfaces, documentation, configurations, models, methods and improvements, excluding Customer Content. Subject to the applicable customer agreement, ZYGHT grants the Customer a limited, non-exclusive, non-transferable right to use the Service during the subscription term for its internal business purposes. 

The Customer may use AI Outputs for its lawful internal purposes, subject to human review and third party rights. Because AI Outputs may be similar to material generated for others or may reflect third party material, ZYGHT does not guarantee that an AI Output is unique, original, registrable or free of third party rights. 

9 Data Protection and AI Training 

Personal data is handled as described in the ZYGHT Privacy Policy and any applicable customer agreement or data processing agreement. The Customer determines which users may access Customer Content and must configure permissions consistently with its privacy, security and data governance obligations. 

Unless the Customer expressly agrees otherwise in writing, ZYGHT will not use Customer Content submitted to an AI Feature to train a general-purpose AI model for use by other customers. ZYGHT may use aggregated or de-identified technical and usage information to secure, support and improve the Service where permitted by law and the applicable customer agreement. 

10 Availability and Support 

The Service may be unavailable or degraded because of maintenance, updates, connectivity, usage limits, third party failure, security incidents, force majeure or other causes beyond reasonable control. Service levels and support commitments, if any, are those stated in the applicable customer agreement. Beta, preview or evaluation features may be changed or withdrawn and are not intended for production critical use unless expressly agreed in writing. 

11 Disclaimers 

To the maximum extent permitted by law, the Service, AI Features and AI Outputs are provided as available and without any express or implied warranty that they will be uninterrupted, secure, error free, accurate, complete, current, fit for a particular purpose or suitable for a particular operational, legal or regulatory outcome. 

ZYGHT does not warrant that an AI Output will identify every hazard, control, legal duty, inconsistency or relevant fact. The Customer must not treat the availability of an AI Feature as transferring to ZYGHT any duty to make, supervise or approve the Customer’s decisions. 

12 Responsibility and Limitation of Liability 

To the maximum extent permitted by law, ZYGHT is not responsible for loss, damage, claims, penalties or other consequences arising from the Customer’s or a User’s: 

• reliance on an AI Output without the required human review; 
• use of inaccurate, incomplete, outdated, unauthorised or poorly configured Customer Content; 
• use of the Service for a prohibited, unintended or high impact purpose; 
• failure to apply its own professional judgment, controls, approvals or legal obligations; or 
• modification, publication or communication of an AI Output outside the Service. 

To the maximum extent permitted by law, ZYGHT will not be liable for indirect, incidental, special, punitive or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings, loss or corruption of data, or the cost of substitute services. For a paid Service, ZYGHT’s total aggregate liability is limited as stated in the applicable customer agreement or, if that agreement contains no limit, to the fees paid or payable for the affected Service during the 12 months before the event giving rise to the claim. 

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, breach of obligations that the law does not permit to be limited, or any mandatory consumer or data protection right. Each exclusion and limitation applies only to the extent permitted by applicable law. 

13 Suspension and Termination 

ZYGHT may suspend access where reasonably necessary to address security, unlawful use, material breach, non-payment, supplier restrictions or risk to the Service or other users. Subscription termination and data return or deletion are governed by the applicable customer agreement. Provisions concerning confidentiality, intellectual property, data protection, disclaimers and liability survive where their nature requires. 

14 Changes to These Terms 

ZYGHT may update these Terms to reflect changes in law, technology or the Service. The revised Terms will state a new effective date. Where required by law or the applicable customer agreement, ZYGHT will provide notice before a material change takes effect. 

15 Governing Law 

Unless the applicable customer agreement states otherwise, these Terms are governed by Chilean law and disputes are subject to the competent courts of Santiago, Chile. Mandatory rights and jurisdiction rules continue to apply. 

16 Contact 

Questions about these Terms may be sent through the contact details published at www.zyght.com or to contacto@zyght.com