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Terms of Service

Last updated: April 15, 2025


Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Zenith Analysis website and services (the "Service") operated by Zenith Analysis ("us", "we", or "our").


Agreement to Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service. These Terms apply to all organizations, business entities, and authorized users who access or use the Service. By using our Service, you represent that you have the authority to bind the business entity you represent to these Terms.


Business Accounts and Authorized Users

When you create an account with us, you must provide information that is accurate, complete, and current at all times. As a business customer, you are responsible for:

  • Managing access to your organization's account;
  • Assigning appropriate access permissions to authorized users within your organization;
  • Ensuring that all authorized users comply with these Terms;
  • Maintaining the confidentiality of all account credentials;
  • All activities that occur under your account, regardless of which authorized user performs such activities.

You must notify us immediately upon becoming aware of any security breach or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.


Service License and Restrictions

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your organization's internal business purposes. The Service and its original content, features, and functionality are and will remain the exclusive property of Zenith Analysis and its licensors.

Your organization and its authorized users agree not to:

  • Use the Service for any illegal purpose or in violation of any applicable laws;
  • License, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
  • Modify, make derivative works of, disassemble, decrypt, or otherwise attempt to derive the source code for the Service;
  • Access the Service to build a competitive product or service or to benchmark with a non-Zenith Analysis product or service;
  • Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks;
  • Use any robot, spider, or other automated device to access the Service for any purpose;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material into our systems.

Customer Data

You retain all rights and ownership of the data you upload, submit, or otherwise transfer to the Service ("Customer Data"). We claim no ownership rights to your Customer Data. By using our Service, you grant us a license to host, store, transfer, and display your Customer Data solely as necessary to provide the Service to you.

You represent and warrant that:

  • You have obtained all necessary rights, permissions, and consents to share your Customer Data with us;
  • Your Customer Data and our use of it as contemplated by these Terms does not and will not violate any applicable laws or third-party rights;
  • You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Customer Data.

Confidentiality

Each party agrees to protect the other's Confidential Information with the same standard of care it uses to protect its own Confidential Information, but in no event less than a reasonable standard of care. "Confidential Information" means all non-public information disclosed by one party to the other, whether orally, in writing, or by other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Customer Data transmitted through the Service is considered your Confidential Information. Our confidential information includes non-public information about our technology, security protocols, and business plans.


Fees and Payment

The Service is provided on a subscription basis according to the pricing plan you select. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. You agree to provide current, complete, and accurate billing information.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and your organization shall be responsible for payment of all such taxes, levies, or duties.

Unless otherwise stated in a separate written agreement between us, fees are non-refundable. We reserve the right to change our subscription fees upon thirty (30) days' notice. Changes to fees will not apply to subscription periods that have already been paid.


Term and Termination

These Terms commence on the date you first access or use the Service and continue until terminated in accordance with these Terms. Either party may terminate these Terms:

  • For convenience at any time upon thirty (30) days' written notice to the other party;
  • For cause immediately upon written notice if the other party breaches any material term of these Terms and fails to cure such breach within fifteen (15) days of written notice.

Upon termination:

  • All licenses granted under these Terms will immediately terminate;
  • You must cease all use of the Service;
  • All outstanding payment obligations will become due immediately;
  • We will make your Customer Data available for export for a period of 30 days after termination, after which we may delete it in accordance with our data retention policies.

Representations and Warranties

Each party represents and warrants that:

  • It has the legal power and authority to enter into and be bound by these Terms;
  • It will comply with all applicable laws in its performance of these Terms.

We warrant that the Service will perform materially in accordance with our documentation and service level agreements. Your exclusive remedy for breach of this warranty is for us to use commercially reasonable efforts to modify the Service to comply with this warranty, or to terminate the Service and provide a pro-rated refund of prepaid, unused fees.


Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

  • Your access to or use of the Service;
  • Your Customer Data;
  • Your violation of these Terms;
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

Disclaimer of Warranties; Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL NOT APPLY TO LIABILITY ARISING FROM A PARTY'S:

  • VIOLATION OF ITS CONFIDENTIALITY OBLIGATIONS;
  • VIOLATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS;
  • INDEMNIFICATION OBLIGATIONS.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Service shall be instituted in the courts of the United States of America. You agree to submit to the personal jurisdiction of such courts.


Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect, by posting the changes on our website or sending notice to the primary email address associated with your account. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service and contact us to terminate your account.


Contact Us

If you have any questions about these Terms, please contact us at legal@zenithanalysis.com.