Terms of Service for Zhare.ai

1. Acceptance of Terms

By accessing or using Zhare.ai (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you disagree with any part of the terms, then you may not access the Service.

2. Use of the Service & Age Requirement

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for all your activity in connection with the Service.

Age Requirement: In accordance with Australian law, specifically the amendments to the Online Safety Act, you must be at least 16 years old to create an account and use this Service. This requirement will be in full effect from 10 December 2025. We will take reasonable steps to verify the age of our users and prevent those under the age of 16 from creating an account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

3. Assumption of Risk and Liability Waiver

You acknowledge that the Service involves a distributed network where you may voluntarily choose to process tasks on your personal computer for other users ("Resource Sharing" or the "Zharer Programme"). This activity carries inherent risks, including but not limited to, potential impacts on your computer's performance, increased energy consumption, and exposure to software processes initiated by third parties.

By choosing to participate in Resource Sharing, you voluntarily assume all risks associated with this activity. To the fullest extent permitted by law in the state of Victoria, Australia, you agree to release, discharge, and hold harmless Zhare.ai, its directors, employees, and agents from any and all liability, claims, demands, losses, or damages caused or alleged to be caused by your participation in Resource Sharing.

For the avoidance of doubt, this waiver does not exclude or limit any statutory rights or remedies you may have, including any consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), which cannot be lawfully excluded. This clause does not exclude liability for death or personal injury caused by our gross negligence.

4. AI Credits and Resource Sharing (Zharer Programme)

4.1 AI Credits

AI Credits are the virtual currency used within the Zhare.ai platform. Credits can be:

• Earned by sharing your computer resources through the Zharer Programme
• Purchased through our payment processor (Stripe)
• Spent on AI task execution, marketplace products, or redeemed at participating businesses

AI Credits earned on the platform are non-transferable (except as explicitly permitted by the Service) and have no cash value outside of the platform's redemption and payout options. We reserve the right to modify the credit earning, cost, and redemption system at any time with reasonable notice to users.

4.2 Resource Sharing (Zharer Programme)

If you choose to share your computer resources through our Zharer Programme, you agree to install and run any provided client software as instructed. You acknowledge that:

• Participation is entirely voluntary and can be disabled at any time
• Resource usage may impact your computer's performance and energy consumption
• You are responsible for monitoring your electricity costs and hardware temperature
• Credits earned are based on task completion and hardware contribution
• Zhare.ai is not responsible for any wear, damage, or increased electricity costs to your personal hardware

4.3 Business Users and Credit Redemption

If you operate a business that accepts AI Credits as payment (e.g., cafés, shops, services), you agree that:

• You must maintain a valid Australian Business Number (ABN)
• You will verify your business details through our payment verification system
• Credits redeemed by customers can be converted to AUD and paid out to your bank account
• All payouts are subject to identity verification and compliance checks

4.4 Platform Fee on Payouts

Important: When you request a payout of earned AI Credits to your bank account, Zhare.ai charges a platform service fee of twenty percent (20%) of the total payout amount. This fee covers:

• Payment processing and bank transfer costs
• Platform maintenance and infrastructure
• Fraud prevention and security measures
• Customer support and dispute resolution

Example: If you request a payout of 10,000 credits (equivalent to $100 AUD), you will receive $80 AUD to your bank account, and $20 AUD will be retained as the platform fee.

This platform fee applies to all users with an ABN (individuals or businesses) who convert earned credits to fiat currency. It does not apply to credits spent within the platform (e.g., purchasing flows, agents, or marketplace items).

5. User Content and AI Generated Content

5.1 Your Content

You retain ownership of any intellectual property rights that you hold in the content you submit to the Service (e.g., prompts, uploaded data, training materials). When you submit content, you grant Zhare.ai a worldwide, non-exclusive, royalty-free licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content solely for the purpose of operating, promoting, and improving our Services.

5.2 AI Generated Content

Content generated by AI tasks at your request ("AI Generated Content") is owned by you, subject to:

• Any underlying rights of the AI models used
• These Terms of Service
• Applicable copyright and intellectual property laws

You are solely responsible for ensuring that your use of AI Generated Content:

• Complies with all applicable laws and regulations
• Does not infringe on third-party intellectual property rights
• Does not violate any person's privacy or publicity rights
• Is not used for unlawful, harmful, or deceptive purposes

5.3 Marketplace Content

If you choose to sell or share content on our Coffee Worthy or Artefacts marketplace, you:

• Warrant that you have all necessary rights to the content
• Grant purchasers a licence to use the content as described in the listing
• Agree that Zhare.ai may display and promote your content
• Acknowledge that you are responsible for setting appropriate pricing
• Understand that marketplace sales are final unless otherwise specified

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using any automated system to access the Service in a manner that sends more request messages to the Zhare.ai servers than a human can reasonably produce in the same period by using a conventional online web browser
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service
• Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure
• Circumventing or attempting to circumvent any content filtering, security measures, or access controls
• Using the Service to generate, store, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
• Attempting to manipulate the credit earning system through fraudulent means
• Creating multiple accounts to exploit promotional offers or circumvent restrictions
• Sharing your account credentials with others or allowing unauthorised access to your account
• Using the Service for any commercial purpose without our explicit written consent (unless operating as a registered business user)
• Reverse engineering, decompiling, or attempting to extract the source code of any AI models or proprietary software
• Collecting or harvesting any personally identifiable information from other users

Violation of these prohibited activities may result in immediate account termination and, where applicable, reporting to relevant authorities.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

8. Data Protection and Privacy Compliance

8.1 Compliance Standards

Zhare.ai implements comprehensive data protection and privacy compliance measures in accordance with:

• ISO 27001: Information Security Management System certification framework
• SOC 2 Type II: Trust Services Criteria compliance (Security, Availability, Privacy)
• Australian Privacy Principles (APPs): Privacy Act 1988 (Cth)
• GDPR: EU General Data Protection Regulation
• UK GDPR: Data Protection Act 2018
• CCPA/CPRA: California Consumer Privacy Act and Privacy Rights Act
• HIPAA: Health Insurance Portability and Accountability Act (infrastructure ready with Business Associate Agreements available)

8.2 Data Protection Measures

We implement industry-leading security and privacy protections:

• Field-Level Encryption: Industry-standard encryption algorithms for sensitive personal data (TFN, bank details, identity documents)
• Post-Quantum Cryptography: Advanced post-quantum encryption algorithms for AI agent communications, resistant to quantum computing attacks
• Encryption in Transit: TLS 1.3 for all data transmissions
• Audit Logging: Comprehensive tamper-evident logs with 7-year retention for compliance
• Access Controls: Role-based access control (RBAC) and multi-factor authentication (MFA)
• Data Minimization: Collection limited to necessary information only

8.3 Your Data Rights

You have comprehensive rights regarding your personal data:

• Right to Access: Request and receive a copy of your personal data
• Right to Rectification: Correct inaccurate or incomplete data
• Right to Erasure: Request deletion of your personal data (subject to legal retention requirements)
• Right to Data Portability: Export your data in machine-readable formats (JSON, CSV, PDF)
• Right to Restriction: Limit how we process your data
• Right to Object: Object to processing based on legitimate interests or direct marketing
• Right to Withdraw Consent: Withdraw previously given consent at any time

8.4 Consent Management

We provide granular consent controls allowing you to:

• Manage cookie preferences (essential, functional, analytics, advertising)
• Control analytics and error logging participation
• Set data retention preferences for chat history and task data
• Configure third-party data sharing preferences
• Opt-out of data sales (we do not sell your data)

8.5 Healthcare Data and HIPAA

If you intend to process Protected Health Information (PHI) using our platform, you must:

• Execute a Business Associate Agreement (BAA) with us before processing any PHI
• Ensure you are a HIPAA Covered Entity or Business Associate
• Implement appropriate administrative, physical, and technical safeguards
• Comply with HIPAA Privacy Rule (45 CFR Part 160 and Part 164, Subparts A and E)
• Comply with HIPAA Security Rule (45 CFR Part 164, Subpart C)

Contact privacy@zhare.ai to request a BAA template and discuss healthcare data processing requirements.

8.6 Data Breach Notification

In the unlikely event of a data breach, we will:

• Notify affected users within 72 hours (GDPR requirement)
• Report to relevant authorities (OAIC, ICO, DPAs, State AGs as applicable)
• Provide details on the nature of the breach, data categories affected, and mitigation measures
• Offer assistance and resources to affected users

8.7 Vendor Management

We maintain a comprehensive vendor risk management program to ensure third-party service providers meet our security and privacy standards. All vendors handling personal data are required to:

• Execute Data Processing Agreements (DPAs)
• Maintain appropriate security certifications (ISO 27001, SOC 2, etc.)
• Undergo regular risk assessments
• Comply with applicable privacy regulations

9. Disclaimer of Warranties; Limitation of Liability

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Zhare.ai makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties. In no event shall Zhare.ai or its suppliers be liable for any damages arising out of the use or inability to use the Service.

Australian Consumer Law Note: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be lawfully excluded, restricted, or modified. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

10. Desktop Applications and Native Processing

10.1 Desktop Applications

Zhare.ai offers desktop applications built with cross-platform desktop frameworks. By installing and using our desktop applications, you acknowledge that:

• The desktop application may require elevated system permissions for optimal functionality
• Local processing of AI tasks may consume significant system resources (CPU, GPU, RAM, storage)
• You are responsible for ensuring your system meets the minimum requirements
• Desktop applications may auto-update to ensure security and feature parity

10.2 Native AI Model Processing

Desktop applications support local AI model execution using native AI processing libraries. You acknowledge that:

• You are responsible for obtaining and using AI models in compliance with their respective licenses
• Large language models (e.g., Llama 4, GPT-OSS) and image generation models require significant storage and computational resources
• GPU acceleration (CUDA/Metal) may require specific hardware and drivers
• We do not guarantee compatibility with all AI model formats or versions
• Local model execution occurs entirely on your device; we do not monitor or control this processing

10.3 System Resource Monitoring

Desktop applications may monitor system resources (CPU usage, idle state, available memory) to optimize resource sharing and task execution. This monitoring is performed locally and does not transmit personal system information without your consent.

11. Peer-to-Peer Communications

11.1 Direct Communications

The Service uses peer-to-peer communication technology to enable direct communications including messaging, voice calls, video calls, and multi-user scene synchronization. By using these features, you acknowledge that:

• Communications may be transmitted directly between your device and other users' devices
• Your IP address may be visible to other participants in peer-to-peer connections
• We provide infrastructure for connection establishment but do not monitor or store the content of peer-to-peer communications
• You are responsible for the content you share in direct communications

11.2 Post-Quantum Encryption

AI agent conversations are protected using advanced post-quantum cryptographic algorithms. This encryption is designed to resist attacks from both classical and quantum computers. However, you acknowledge that no encryption method can guarantee absolute security.

11.3 Communication Conduct

When using peer-to-peer communications, you agree not to:

• Share illegal, harmful, or offensive content
• Harass, threaten, or intimidate other users
• Record or capture communications without explicit consent from all participants
• Use communications for commercial purposes without authorization
• Attempt to intercept or monitor communications between other users

12. Third-Party Services and Data Processing

12.1 Backend Service Providers

The Service uses a cloud-agnostic architecture and may utilize various cloud backend service providers. Your data may be processed and stored by these third-party providers in accordance with their respective terms and privacy policies.

12.2 Analytics and Error Logging

We use third-party analytics and error logging services to improve the Service. These services may collect usage data, crash reports, and performance metrics. You can opt out of non-essential analytics in your account settings.

12.3 Payment Processing

All payment processing and identity verification is handled securely by our payment service provider. We do not store your full credit card details or identity documents on our servers.

13. IoT, Robotics, and Developer SDKs

13.1 SDK Usage

We provide Software Development Kits (SDKs) for JavaScript, Node.js, Python, and Widget embedding. By using our SDKs, you agree to:

• Comply with the SDK-specific license terms
• Not reverse engineer, decompile, or extract source code from the SDKs
• Use the SDKs only for lawful purposes and in accordance with our API documentation
• Not exceed rate limits or abuse API endpoints
• Properly attribute Zhare.ai when using the Widget SDK on your website

13.2 IoT and Robotics Integration

If you integrate Zhare.ai with IoT devices or robotics systems, you are solely responsible for:

• Ensuring safe operation of connected devices
• Implementing appropriate safety measures and emergency stops
• Complying with all applicable regulations for IoT and robotics devices
• Monitoring device behavior and preventing unauthorized access
• Any damages or injuries caused by connected devices

13.3 API Access and Rate Limits

API access is subject to rate limits and usage quotas. We reserve the right to throttle, suspend, or terminate API access for violations of these Terms or excessive usage that impacts Service performance.

13A. AI-Generated Content and Robotics Liability Waiver

13A.1 Artificial Intelligence Disclaimers

CRITICAL WARNING: Artificial Intelligence systems can produce unpredictable, inaccurate, biased, harmful, or inappropriate outputs. By using our AI Services, you acknowledge and accept the following risks:

• Accuracy: AI-generated content may contain factual errors, hallucinations, or misleading information
• Bias: AI models may reflect biases present in training data, leading to discriminatory or offensive outputs
• Unpredictability: AI behavior can be unpredictable and may not always respond as intended
• Security: AI-generated code or commands may contain vulnerabilities or malicious patterns
• Legal Compliance: AI outputs may inadvertently violate laws, regulations, or third-party rights
• Professional Advice: AI is not a substitute for professional legal, medical, financial, or other expert advice

13A.2 AI Content Liability Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT:

• You are solely responsible for reviewing, validating, and fact-checking all AI-generated content before use
• Zhare.ai makes no warranties about the accuracy, reliability, completeness, or suitability of AI outputs
• You will not rely on AI-generated content for critical decisions without independent verification
• You assume all risks and liability for any consequences arising from use of AI-generated content
• Zhare.ai is not liable for any damages, losses, injuries, or harm caused by AI-generated content, including but not limited to financial losses, reputational damage, data breaches, or physical harm
• You will indemnify and hold Zhare.ai harmless from any claims arising from your use or distribution of AI-generated content

13A.3 Robotics and IoT Liability Waiver

EXTREME CAUTION REQUIRED: Integrating AI with physical systems (robots, IoT devices, machinery) poses significant safety risks. By connecting Zhare.ai to any physical device or robotic system, you acknowledge and accept:

• Physical Harm: Robots and IoT devices can cause serious injury, death, or property damage if they malfunction or receive incorrect commands
• Unpredictable Behavior: AI-controlled devices may behave in unexpected or dangerous ways
• System Failures: Network issues, software bugs, or hardware failures can result in loss of control
• Security Vulnerabilities: Connected devices may be vulnerable to hacking or unauthorized access

13A.4 Robotics Safety Requirements and Assumption of Risk

IF YOU INTEGRATE Zhare.ai WITH ROBOTICS OR IOT DEVICES, YOU MUST:

• Implement physical emergency stop mechanisms that operate independently of software
• Install safety barriers, guards, and warning systems as appropriate for your device
• Never leave AI-controlled devices operating unattended
• Maintain adequate insurance coverage for property damage and bodily injury
• Comply with all applicable safety regulations, standards, and certifications (e.g., ISO 10218 for industrial robots)
• Conduct thorough testing in controlled environments before deployment
• Implement watchdog timers, fail-safe mechanisms, and redundant safety systems
• Not use Zhare.ai for safety-critical applications without independent safety certification

13A.5 Complete Release and Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY:

• RELEASE: Zhare.ai, its directors, officers, employees, agents, affiliates, and service providers from ANY AND ALL liability for injuries, damages, losses, or claims arising from use of AI-generated content or AI-controlled devices
• ASSUME ALL RISKS: Including but not limited to personal injury, death, property damage, data loss, financial losses, legal liability, and reputational harm
• WAIVE ALL CLAIMS: Against Zhare.ai for damages caused by AI outputs or AI-controlled devices, even if Zhare.ai has been advised of the possibility of such damages
• INDEMNIFY: Zhare.ai against any third-party claims, lawsuits, damages, or liabilities arising from your use of AI Services or integration with robotics/IoT devices

Australian Consumer Law Note: This waiver does not exclude statutory guarantees under the Australian Consumer Law that cannot be lawfully excluded. However, to the extent permitted by law, our liability for breach of non-excludable guarantees is limited to, at our option, resupplying the services or paying the cost of having the services resupplied. This clause does not exclude liability for death or personal injury caused by our gross negligence or willful misconduct.

13A.6 Prohibited AI and Robotics Uses

You expressly agree NOT to use Zhare.ai for:

• Life-critical systems (medical devices, life support, aviation, nuclear facilities) without proper certification
• Autonomous weapons, military applications, or systems designed to cause harm
• Safety-critical infrastructure (power grids, traffic control, emergency services) without redundant safety systems
• Vehicles (cars, drones, aircraft) operating in public spaces without appropriate regulatory approval
• Child care or elder care robots without continuous human supervision
• Financial trading or automated decision-making without human oversight
• Any application where AI failure could reasonably result in death, serious injury, or significant property damage

Violation of these prohibited uses may result in immediate account termination and potential legal action.

14. Multi-User Features and Interactive Content

14.1 Guilds and Multi-Agent Systems

Users may create and participate in Guilds (multi-agent systems) for collaborative AI tasks. Guild creators are responsible for:

• Setting appropriate access controls and member permissions
• Moderating content and interactions within their Guilds
• Ensuring Guild activities comply with these Terms
• Costs associated with Guild task execution

14.2 Games and Interactive Experiences

The Service includes interactive features such as a 2D platformer game engine, multiplayer games, and scene synchronization. You agree that:

• Game features are provided for entertainment and may change or be discontinued
• Virtual items or achievements have no real-world value
• We are not responsible for disputes between players
• Cheating, exploiting bugs, or disrupting gameplay may result in account suspension

14.3 Streaming and Broadcasting

The AI TV Broadcast feature allows users to create and stream content. Streamers are responsible for:

• Ensuring broadcast content complies with all applicable laws and these Terms
• Obtaining necessary licenses for music, images, or other copyrighted material
• Moderating viewer interactions and comments
• Not streaming illegal, harmful, or age-inappropriate content

15. Code Obfuscation and Security

The Service employs code obfuscation techniques to protect intellectual property and enhance security. You agree not to attempt to:

• Deobfuscate, reverse engineer, or decode obfuscated code
• Bypass or circumvent security measures
• Extract algorithms, business logic, or proprietary techniques
• Create derivative works based on obfuscated code

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.