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Terms of service

Thank you for using Zensical. We are glad you are part of our community of users. Please read the Terms of Service Agreement below carefully before accessing any of our services. They contain not only an important contract but also important information that will help you make the best use of what we offer.

Effective date: September 30, 2026

We plan to update these Terms for the new Spark experience launching on November 5, 2026. Until those revised Terms take effect, these Terms govern the current Spark service. Separate written agreements with customers continue to apply according to their terms.

These Terms of Service ("Agreement") constitute a legally binding contract between You (the "User") and Zensical ("Zensical," "We," "Us," or "Our"). By signing up for or otherwise accessing or using Our Services (as defined below), You agree that You have read, understood, and accepted this Agreement, and You agree to be bound by this Agreement contained herein and all terms, policies and guidelines referenced in this Agreement.

Our Services (as defined below) are offered to You conditional on Your acceptance of this Agreement. If You do not agree to this Agreement, You do not have Our permission to, and may not use Our Services in any way.

We may update this Agreement by posting revised Terms with a new effective date. Except for the urgent changes below, We will notify customers with an active paid subscription by email at least 30 days before a material change affecting that subscription takes effect. For an existing paid subscription, such a change applies at the first renewal at least 30 days after notice, unless the customer expressly accepts it earlier through an authorized representative. If You do not agree, You may cancel renewal before the change applies. Changes needed to comply with law or address an urgent security risk may take effect sooner; We will notify affected customers as soon as reasonably practicable. Other changes take effect on the stated effective date. A separate written agreement may set different amendment terms, which govern that agreement. Changes do not affect disputes that arose before their effective date.

Definitions

For the purposes of this Agreement, the following definitions apply:

  • The "Agreement" refers to this Terms of Service document, including all referenced policies and guidelines.
  • "Zensical," "We," "Us," "Our," or "Our team" refers to Zensical LLC, its team, and any affiliated entities responsible for the Zensical Open Source Project and all Services of Zensical.
  • Our "Service(s)" refers to any websites, applications, software, platforms, APIs, documentation, community spaces, and commercial offerings provided by Zensical, including but not limited to Zensical Spark and Zensical Studio.
  • The "User," "You," and "Your" refers to any individual person, company, or organization accessing, using or engaging with Our Services.
  • An "Account" refers to an authorized registration to Our Service Zensical Spark – a Service for professional Users.
  • "Content" includes any Content made available through Our Services including without limitation: code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service.
  • "Feedback" refers to any bug reports, feature requests, suggestions, comments, or other input You voluntarily submit to Us regarding Our Services, through any channel, whether public or private, and regardless of the form in which it is submitted.
  • The "Website" refers to Zensical's official domain (zensical.org), its associated subdomains and additional documentation sites.
  • The "Project" refers to all projects under the Zensical organization, including repositories, issues, pull requests, and related Content hosted on GitHub.

Account

Registration

To create an Account for Our Service Zensical Spark, Users must first receive an invitation from Us. During the registration process, Users are required to provide accurate and complete information as described on Our Access Management site. Access to Our Service Zensical Spark is exclusively available to users with an active subscription.

Requirements

  • You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
  • You must be age 18 or older. The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13).
  • We do not target Our Services at children under 18, and We do not permit any Users under 18. If We learn of any User under the age of 18, We will terminate that User's account immediately.
  • Access to a paid Service requires a current subscription or other applicable purchase.
  • Your login may only be used by one person. You may not share Your Account with others, and You may not use anyone else's Account.
  • The number of Accounts Your company can create depends on the subscription you have taken out for Our Services.
  • You may not use Our Services in violation of export control or sanctions laws of the United States or any other applicable jurisdiction.

Security

You are responsible for keeping Your Account secure while using Our Services. We offer tools to help You maintain Your Account's security, but the Content of Your Account and its security are Your responsibility.

  • You are responsible for all Content posted and activity that occurs under Your Account.
  • You are responsible for maintaining the security of Your Account and password. We cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.
  • You will promptly notify Us if You become aware of any unauthorized use of, or access to, Our Service through Your Account, including any unauthorized use of Your password or Account.

Cancellation

Cancelling a subscription's renewal does not by itself end access before the paid billing period ends. Accounts tied to that subscription are deleted or anonymized only after access ends, as described below.

Upon cancellation

We will retain and use Your information as necessary to comply with Our legal obligations, resolve disputes, and enforce Our Agreements. Within 30 days after Your access ends, Your personal profile information will be permanently deleted. Once deleted, this information cannot be recovered.

Please note that while We do not delete User Accounts entirely, We do anonymize them. This process includes removing all personal information, anonymizing the User name, and converting the Account into a "ghost" account. This allows Us to preserve Content shared or created in public spaces, as such contributions are valuable to other Users and integral to Our Services.

Use policy

Subject to and conditioned on Your compliance with the Terms and conditions of this Agreement and Our Code of Conduct, We hereby grant You a limited, non-exclusive, non-transferable right to access and use Our Services for lawful purposes and to engage with others within Our Services.

You must ensure that Your Content and behavior are at all times in compliance with this Agreement, Our Code of Conduct, and all applicable laws and regulations.

Restrictions

You shall not use Our Services for any purposes beyond the scope of access granted in this Agreement. While using Our Services, You agree not to:

  • Violate any applicable laws or regulations, including copyright, trademark, export control, sanctions, or data protection laws;
  • Post or transmit Content that infringes on the intellectual property rights, privacy rights, or other legal rights of others;
  • Upload, distribute, or transmit viruses, malware, or any harmful or disruptive code;
  • Engage in harassment, threats, abusive behavior, or other conduct that violates Our Code of Conduct;
  • Attempt to gain unauthorized access to any part of Our Services, accounts, networks, or systems.

You are solely responsible for ensuring that Your use of Our Services complies with all applicable laws and regulations in Your jurisdiction. We reserve the right to investigate and take appropriate action, including suspension or termination of Your access, if We reasonably believe You have violated this Agreement or applicable laws.

Reservation of rights

We reserve all rights not expressly granted to You in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement shall be construed to grant, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other right, title, or interest in or to Us.

Intellectual property

Our Services, including all Content, features, functionality, text, displays, graphics, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Us, or other providers of such material and are protected by copyright, branding, trade secrets, and other intellectual property laws.

Software license

The licensing terms applicable to the software and its components are not governed by this Agreement. Instead, each component is subject exclusively to its respective license terms. Details regarding permissions, limitations, and conditions for each component are set forth on our License page, which does not form part of this Agreement.

The use of Zensical Studio is additionally governed by the Zensical Studio End User Licence Agreement ("EULA"). In the event of any conflict between this Agreement and the EULA relating to the Software, the EULA shall prevail.

You are solely responsible for reviewing and complying with all applicable license terms prior to using, modifying, or distributing any components.

Branding

The name "Zensical," "Zensical LLC", the Zensical logo, and all related names, logos, product and Service names, designs, and slogans are trademarks or service marks owned by Zensical. Use of the Zensical branding is restricted and subject to the following terms:

  • You may not use Zensical branding without Our express prior written authorization.
  • Unauthorized use, including misleading endorsements or associations, is strictly prohibited.
  • Fair use for descriptive purposes is permitted only when it does not suggest endorsement, sponsorship, or affiliation.
  • Inclusion of the Zensical logo in Open Source or publicly available icon sets is explicitly permitted, provided that the logo is rendered in black and white only, remains an accurate and unaltered representation of the official Zensical logo, and does not imply any sponsorship, endorsement, or affiliation beyond identification purposes.

Unauthorized use of Zensical's branding may violate applicable laws and is strictly prohibited.

User-generated content

General

You are at all times responsible and liable for all uses of Our Services resulting from access from Your Account, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement.

Responsibility

You may create or upload User-Generated Content while using Our Services. You are solely responsible for the Content of, and for any harm resulting from, any User-Generated Content that You post, upload, link to or otherwise make available via Our Services, regardless of the form of that Content. We are not responsible for any public display or misuse of Your User-Generated Content.

By uploading Your Content to Our Services, You agree and affirmatively acknowledge the following:

  • Your Content does not violate Our Code of Conduct.
  • You do not know of any unlicensed patent or trademark rights that would be infringed by Your Content.
  • You have complied with all applicable export control laws and regulations regarding any material uploaded.
  • Content You post in public or shared non-confidential spaces is not confidential and may be visible or reused by others, consistent with this Agreement. Content shared in a private space is governed by the Private spaces section below and any separate written agreement.
  • You will not delete Content posted in public spaces, as it may be a valuable resource for others and is integral to Our Services.

Removal of content

We reserve the right (but are not obligated) to monitor or review any Content submitted to Our Services and to remove or restrict Content or Accounts, at Our sole discretion and without notice, if it violates this Agreement, applicable law, or Our Code of Conduct.

Ownership of content and license grant to us

You retain all ownership rights to the content you submit through Our Services ("Your Content"). By submitting Your Content, you represent and warrant that you have all necessary rights to do so and that Your Content does not violate any applicable laws, regulations, or third-party rights, including intellectual property rights.

By posting Your Content in public areas of Our Services, you grant Us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, display, perform, modify, create derivative works from, archive, and otherwise exploit such Content in connection with the operation, improvement, and promotion of Our Services. This includes making incidental copies for purposes such as backups, indexing, and analysis.

If you upload Content that you do not own, you are solely responsible for ensuring that such Content is licensed in a manner that permits these uses by other Users.

If Your Content is already subject to a license that grants Us the necessary rights (for example, an Open Source or Creative Commons license), no additional license is required. You acknowledge and agree that you will not receive any compensation for granting these rights.

You further acknowledge that Content posted in public spaces may remain available indefinitely, even if your account is deactivated or deleted. Public contributions are an integral part of Our Services and are preserved to maintain the continuity, integrity, and value of Our Services.

If You submit bug reports, feature requests, suggestions, or other feedback ("Feedback") in a public or shared non-confidential space, You grant Us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and build upon that Feedback for any purpose. We are not obligated to act on any Feedback, and You have no right to compensation. Feedback submitted in a private space remains subject to the Private spaces section below and any separate written agreement.

License grant to other users

By posting Content publicly, You also grant other Users of Our Services a non-exclusive license to view, access, display, reproduce, and interact with Your Content, consistent with this Agreement.

Public spaces

Content posted in public spaces of Our Services may not be deleted once it has been accessed, referenced, or engaged with by other Users or Us. Even if Your Account is deactivated, anonymized, or deleted, such Content may be retained to support the continuity, historical record, and utility of Our Services. Use of public Content by other Users is subject to the License Grant to Other Users above.

Private spaces

Content shared in private spaces of Our Services is accessible only to You, Your authorized collaborators, and Us. Private spaces are designed specifically for professional collaboration with Us, including but not limited to code review, support, or discussion of sensitive topics.

While You retain full ownership of the Content You contribute in private spaces, You acknowledge and agree that:

  • We have access to all Content in private spaces for the purpose of providing, improving, or supporting Our Services.
  • We will not use or disclose any private Content externally or for promotional purposes without Your explicit consent.
  • We may analyze or reuse patterns, feedback, or materials We contribute (such as code, explanations, or documentation) in anonymized or generalized form to improve Our Services. We will never disclose personally identifiable information.

When access to a private space ends after cancellation, termination, or an effective downgrade, Content stored in that space will be permanently deleted within 30 days after access ends. Once deleted, this Content cannot be recovered. You are responsible for exporting Content You wish to keep before access ends.

Copyright policy

If You believe that Content on Our Website violates Your copyright, please contact us in accordance with Our copyright policy. If You are a copyright owner and You believe that Content on Our Services violates Your rights, please contact us. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the Accounts of repeat infringers of this policy.

Paid services

Spark support

Organization Spark includes two authorized support contacts and two concurrent open support requests. An authorized contact submits a new support request in the public, non-confidential Spark space or, for Spark Private and Spark Strategic, the organization's dedicated private space. We will provide an initial human response and troubleshooting within two business days for Spark, or one business day for Spark Private and Spark Strategic. The SLA covers an initial response, not resolution or feature delivery. A request remains open until You or We close it; Our initial response does not close it. Additional requests become eligible, and their response clock starts, when a slot opens.

Business hours are 9:00 a.m. to 5:00 p.m. U.S. Eastern Time, Monday through Friday, excluding U.S. federal holidays. The response clock runs only during those hours; a request received outside them starts at the next opening. A separate written order may specify different support terms.

Pricing

Our pricing and payment information is available on our Billing page. The price and billing interval shown at checkout or in Your separate written order apply to Your purchase. Prices for new purchases may change. Your existing subscription price remains in effect while that subscription remains active, unless You agree to a different offer. If You cancel and later start a new subscription, the price available at that time applies.

Changes to subscription

We reserve the right to bill You immediately upon registration for a subscription. If You upgrade to a higher tier, We may bill You for the upgraded plan at the start of Your next billing cycle or as otherwise specified at the time of the upgrade.

Available subscription changes and their timing depend on Your purchase terms. Contact Us if You want to change a sales-assisted order. If You downgrade, You may lose access to features or Content available only under a higher-tier plan. We are not responsible for any loss of Content or functionality resulting from a downgrade.

Billing and refunds

Subscriptions are billed in advance on the monthly or annual interval shown at checkout or in Your separate written order. If You cancel renewal, access remains active through the paid billing period unless You and We agree to end it early or We terminate access under these Terms. Other refund or withdrawal rights are governed by the terms applicable to the purchase and applicable law.

Invoicing

All payments for Our Services are handled by a third-party payment provider. Invoices for each transaction will be automatically generated and made available to You after successful payment. To receive a valid invoice, You must provide all required billing information as described on our Billing page. We are not responsible for incomplete or incorrect invoicing resulting from missing or inaccurate billing details.

Cancellation of subscriptions

You can cancel a self-service subscription through the Polar customer portal. Sales-assisted orders may have additional cancellation terms in the applicable written order. For help with cancellation, contact members@zensical.org.

Cancelling renewal does not start the deletion periods described above. Those periods start when access ends.

Termination

We have the right to suspend or terminate Your access to Our Services at any time, with or without cause, with or without notice, effective immediately. Furthermore, We reserve the right to refuse Service to anyone for any reason at any time. If We end paid access before the end of a paid billing period, or You and We agree to end it early, We will refund the prepaid fees for the unused portion of that period. A suspension that lasts through the end of the paid period is treated as an early end for this refund.

Free and Beta Services

Certain Services, including Zensical Studio during its Beta Phase, may be offered free of charge under separate terms, including the Zensical Studio End User Licence Agreement (EULA). The terms of the EULA govern the availability, discontinuation, and any future pricing of such Services. Provisions in this section relating to billing, refunds, and cancellation do not apply to Services offered free of charge under a separate agreement.

Disclaimers and limitations

Warranties

Except for the express Spark support commitments above or in a separate written agreement, Our Services are provided on an "as is" and "as available" basis without warranties of any kind. Without limiting this, We expressly disclaim all warranties, whether express, implied or statutory, regarding Our Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Subject to the express Spark support commitments above or in a separate written agreement, We do not warrant that Our Services will meet Your requirements; that Our Services will be uninterrupted, timely, secure, or error-free; that the information provided through Our Services is accurate, reliable or correct; that any defects or errors will be corrected; that Our Services will be available at any particular time or location; or that Our Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your downloading and/or use of files, information, Content or other material obtained from Our Services.

Liability

You understand and agree that We will not be liable to You or any third-party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:

  • The use, disclosure, or display of Your User-Generated Content
  • Your use or inability to use Our Services
  • Any modification, price change, suspension, or discontinuance of Our Services
  • Our Services generally or the software or systems that make Our Services available
  • Unauthorized access to or alterations of Your transmissions or data
  • Statements or conduct of any third-party on Our Services
  • Any other User interactions that you input (e.g. code, external links) or receive through Your use of Our Services or any other matter relating to Our Services

Our liability is limited whether or not We have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed in its essential purpose. We will have no liability for any failure or delay due to matters beyond Our reasonable control. This includes any issues that might occur with third-party Services We use to provide and distribute Our Services which might have security issues, downtime or data breaches.

External links

Our Services may contain links to third-party websites or services that are not owned or controlled by Us, including those shared by other Users. We do not monitor or review the content of external links, and are not responsible for their availability, accuracy, legality, or content. The inclusion of any link does not imply Our endorsement or any association with its operators. We expressly disclaim all liability for any damages or losses arising from Your access to or reliance on any third-party websites, services, or content. If We become aware of unlawful or harmful content on an external site, We will remove the link where reasonably possible.

Miscellaneous

Governing law

Except to the extent applicable law provides otherwise, this Agreement between you and Us and any access to or use of Our Service are governed by the federal laws of the United States of America and the laws of the State of Wyoming, without regard to conflict of law provisions. You and We agree to submit to the exclusive jurisdiction and venue of the courts located in the State of Wyoming.

Third-party services

Our Services operate in conjunction with third-party platforms, including but not limited to GitHub, Discourse, and Discord. Your use of Our Services may require an Account on these platforms and is subject to their respective Terms of Service, Privacy Policies, and other applicable Agreements. We do not control or assume responsibility for the Terms, policies, or actions of these third-party Services. By using Our Services, You acknowledge that additional Terms may apply and that compliance with third-party policies is Your responsibility.

Non-assignability

Neither party may assign this Agreement or any of its rights or obligations hereunder without the other's express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity or in an acquisition of all or substantially all its assets.

Severability

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Zensical to enforce any provision of this Agreement will not be considered a waiver of Our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Questions

Questions about this Agreement? Contact us.