Legal
Data Processing Terms
Last updated: November 12, 2026
Version: 2026-11-12
These Data Processing Terms (the "DPT") are an addendum to the Terms of Service between you and Zencode Consulting Inc. ("Zencode") and form part of the agreement for the Hydracept service (the "Service"). They apply when Zencode processes personal information about your end users, customers, or other third parties on your behalf. Capitalized terms not defined here have the meaning given in the Terms of Service or the Privacy Policy.
If these DPT conflict with the Terms of Service or the Privacy Policy on a data-protection point covered here, these DPT control for that point.
1. Roles
You are the controller (or the equivalent under applicable law, including a "responsible organization" under PIPEDA) of personal information that you submit to the Service about your end users, customers, or other third parties ("Customer Personal Information").
Zencode is your processor or service provider for Customer Personal Information, and processes it only to provide, secure, support, and operate the Service, to comply with law, and to enforce the Terms of Service.
Zencode is the controller of account, billing, security, and service-administration information about you and your authorized users. That information is described in the Privacy Policy and is not Customer Personal Information under these DPT.
2. Subject matter, duration, nature, and purpose
- Subject matter: processing Customer Personal Information contained in Inputs, job metadata, and Output as needed to run, quote, reconcile, support, and record jobs on the Service.
- Duration: for the term of your use of the Service and any retention period described in the Privacy Policy or your plan and project configuration.
- Nature and purpose: hosting, transmission to inference and infrastructure providers, storage of receipts and artifacts as configured, security and abuse prevention, customer support, and legal compliance.
- Types of personal information: those you choose to submit, which may include identifiers, contact details, prompts, files, reference assets, generated media, and similar content. Zencode does not require you to submit special-category or children's data, and some classifications (including child-directed content) may be refused unless expressly approved, as described in the documentation.
- Data subjects: your end users, customers, personnel, or other individuals whose information you submit.
3. Customer's instructions and obligations
Zencode will process Customer Personal Information only on your documented instructions, which are: (a) your use of the Service and the configuration, quotes, and jobs you submit; (b) the Terms of Service, this DPT, and the Privacy Policy; and (c) other written instructions you give that Zencode accepts.
You represent that you have a lawful basis to submit Customer Personal Information and to instruct Zencode and its providers to process it, including any consent, notice, and age-gating required by law (including COPPA, PIPEDA, and the GDPR where they apply). You will not instruct Zencode to process Customer Personal Information in a way that would violate applicable law or the Terms of Service.
4. Zencode's obligations
Zencode will:
- Ensure that persons authorized to process Customer Personal Information are bound by confidentiality obligations.
- Use reasonable administrative, technical, and organizational measures appropriate to the nature of the Service to protect Customer Personal Information. No internet service can guarantee absolute security.
- Engage subprocessors only as described in section 5.
- Taking into account the nature of the processing and the information reasonably available to Zencode, provide reasonable assistance to you in responding to data-subject requests and in meeting your obligations under applicable privacy law. Zencode will not respond directly to a request from your end user about Customer Personal Information except to direct the person to you, unless required by law.
- Taking into account the nature of the processing and the information available to Zencode, notify you without undue delay after becoming aware of a personal-information breach affecting Customer Personal Information.
- Delete or return Customer Personal Information at the end of the Service relationship, subject to your plan and project retention settings and to information Zencode must retain to comply with law, resolve disputes, enforce agreements, or maintain security and audit records (including receipts retained as described in the documentation).
- Make available information reasonably necessary to demonstrate compliance with these DPT. Audits, if required by applicable law, are limited to once in any twelve-month period except after a confirmed breach or a competent authority's request, must be reasonably scoped, and may be satisfied by a written description of Zencode's security measures or a comparable report. Audits are at your expense and subject to confidentiality and to protection of other customers' information.
Zencode will inform you if, in its opinion, an instruction infringes applicable data-protection law, unless the law prohibits that notice.
5. Subprocessors and international processing
You authorize Zencode to use subprocessors to provide the Service, including:
- hosting, storage, email, and security vendors;
- Stripe, for billing when you purchase a paid plan or managed credit; and
- the inference and infrastructure providers used to perform a job, as identified on the applicable quote, job contract, or capability descriptor.
Those providers may process Inputs and Output in the countries where they operate. For BYOK, the connected provider also processes information under your direct provider relationship. Zencode will use written terms with subprocessors that require protections consistent with these DPT, to the extent applicable to the service they provide. Independent inference providers also process material under their own terms, which you must review before submitting material to a capability.
A current high-level description of providers and subprocessors is in the Privacy Policy and on the Trust page. The provider for a given managed job is identified in that job's contract or receipt.
6. Liability and term
Each party's liability under these DPT is subject to the disclaimers and limitation of liability in the Terms of Service. These DPT last for as long as Zencode processes Customer Personal Information on your behalf and survive to the extent needed for deletion, return, confidentiality, and residual legal obligations.
7. Governing law
These DPT are governed by the same law and courts as the Terms of Service: the laws of the Province of Alberta and the federal laws of Canada applicable there, and the courts of Alberta, except where a mandatory data-protection law requires otherwise for a specific right or remedy.
Updates
Zencode may update these DPT by posting a revised version and updating the date and version above. A material change is handled in the same way as a material change to the Terms of Service: Zencode will send notice to the email address on your account when reasonably able to do so, and your continued use of the Service after the effective date is acceptance of the revised DPT.
Contact
Questions about these DPT can be sent to support@hydracept.com. Abuse and illegal-content reports can be sent to abuse@hydracept.com or support@hydracept.com.