Zenith Terms of Service
Last Updated: 15 Mar 2026
These Terms of Service (“Terms”) govern access to and use of the Zenith platform and related services (“Service”).
Zenith is operated by Zenith GmbH, Langenbergerstr. 3, 45525 Hattingen, Germany (“Zenith”, “Provider”, “we”, “us”).
By accessing or using the Service, creating an account, starting a trial, or entering into a paid subscription, the customer identified in the applicable account, order, or subscription (“Customer”, “you”) agrees to these Terms.
1. Scope; Business Customers Only
1.1 Zenith is offered exclusively to entrepreneurs, businesses, agencies, and other professional users acting in the course of their commercial or independent professional activity. Use by consumers is excluded.
1.2 These Terms apply exclusively. Any conflicting or additional terms of the Customer shall not apply unless Zenith expressly agrees to them in text form.
1.3 These Terms should be read together with Zenith’s Privacy Policy, which governs how Zenith processes personal data in its own capacity as controller, including for account management, security, support, billing, and product operations.
2. The Service
2.1 Zenith is a software-as-a-service platform for AI visibility tracking, prompt analytics, citation analysis, and related workflow and reporting functionality.
2.2 Depending on the subscribed plan and enabled features, Zenith may allow Customers to create and manage teams, workspaces, brands, competitors, prompts, and filters; run recurring or event-based prompt checks across supported AI systems or data sources; collect and store responses and metadata; detect and analyze mentions, citations, domains, URLs, sentiment, rankings, and related signals; generate suggestions for prompts, competitors, or related workflow items; and visualize, export, and review results in dashboards, tables, and reports.
2.3 Zenith is an analytics and workflow platform. Unless expressly agreed otherwise in writing, Zenith does not guarantee any specific business outcome, ranking, visibility level, sentiment outcome, growth outcome, or strategic result. Zenith also does not guarantee that any suggestion, prompt recommendation, citation, source, categorization, or analytics output will be complete, accurate, or fit for a particular purpose.
2.4 Zenith may improve, modify, replace, or discontinue features from time to time. Zenith will not, however, materially reduce the core functionality of the Service — meaning the ability to track AI visibility, run prompt checks, and generate analytics reports — for active paid subscriptions without providing at least sixty (60) days’ prior written notice. If such a material reduction occurs and is not reversed within the notice period, the Customer may terminate the affected subscription with a prorated refund of prepaid fees for the unused portion of the subscription term.
2.5 Zenith may rely on third-party providers, including AI model providers, infrastructure providers, and external data sources. The availability, latency, continuity, format, and output quality of such third-party services are outside Zenith’s reasonable control.
3. Access, Accounts, and Authorized Use
3.1 Subject to these Terms and payment of applicable fees, Zenith grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term for its internal business purposes.
3.2 If the Customer is an agency, consultancy, reseller, or service provider, the Customer may use Zenith in connection with brands, workspaces, or projects of its clients to the extent permitted under the applicable subscription plan and provided the Customer has all required rights and authorizations.
3.3 The Customer is responsible for all users it authorizes to access the Service (“Authorized Users”), for safeguarding credentials and access methods, and for all activity occurring under its accounts and workspaces.
3.4 The Customer must promptly notify Zenith of any suspected unauthorized access or security incident affecting the Service or its account.
4. Customer Data and Customer Responsibility
4.1 The Customer is solely responsible for all content, data, prompts, URLs, domain information, company names, competitor lists, uploads, notes, and other materials submitted to or processed through the Service (“Customer Data”).
4.2 The Customer represents and warrants that it has all rights, permissions, and legal bases required to use Customer Data with the Service.
4.3 The Customer shall not submit or process through Zenith any unlawful content, content infringing third-party rights, malicious code, or personal data in violation of applicable law.
4.4 The Customer remains solely responsible for business, legal, or commercial decisions based on analytics, outputs, suggestions, or interpretations generated by the Service.
5. Prohibited Use
The Customer shall not, and shall not permit others to:
5.1 reverse engineer, decompile, disassemble, copy, or create derivative works of the Service except to the extent such restriction is prohibited by mandatory law;
5.2 use the Service in a way that unlawfully builds or operates a competing product through misuse of Zenith’s proprietary workflows, structures, or outputs;
5.3 interfere with or disrupt the integrity, security, or performance of the Service;
5.4 access the Service through unauthorized automated means, except through officially supported APIs, integrations, or written approval by Zenith;
5.5 bypass plan limits, quotas, permissions, or usage restrictions;
5.6 use the Service for spam, abusive scraping, unlawful surveillance, or any unlawful or deceptive activity.
Zenith may suspend or restrict access if it reasonably believes that the Customer is violating these Terms or creating material risk for the Service, other customers, or third parties.
6. Subscription Plans, Fees, Renewal, and Price Changes
6.1 Access to Zenith may be offered under free trial, monthly, annual, usage-based, enterprise, or other subscription plans.
6.2 Features, quotas, and entitlements depend on the subscribed plan and may include limits on teams, users, prompts, tracked brands, tracked competitors, exports, models, integrations, and historical retention.
6.3 Fees, billing intervals, renewal terms, and payment methods are defined in the applicable order form, checkout flow, pricing page, invoice, or subscription settings. Unless otherwise stated, fees are exclusive of applicable taxes.
6.4 Zenith may use third-party payment processors. The Customer authorizes Zenith and its payment providers to charge the selected payment method for all due fees.
6.5 If payment is overdue, Zenith may, after reasonable notice where feasible, charge statutory default interest where applicable, suspend access, reject renewals or upgrades, or terminate for cause in the event of continued non-payment.
6.6 Monthly subscriptions renew automatically for successive monthly periods unless cancelled before the next billing date.
6.7 Annual subscriptions renew automatically for successive annual periods unless the Customer gives written notice of cancellation at least thirty (30) days before the end of the then-current annual term.
6.8 Zenith will provide at least thirty (30) days’ prior written notice of any fee increase affecting an existing paid subscription before such increase takes effect on renewal. If the Customer objects to the fee increase, the Customer may terminate the affected subscription with effect from the end of the then-current subscription term by written notice within thirty (30) days after receipt of Zenith’s notice.
6.9 Unless expressly stated otherwise, fees are non-refundable except where required by law or expressly provided in these Terms.
7. Free Trial
7.1 Zenith may offer free trials or pilot access from time to time.
7.2 Trial access may be limited in features, quotas, data retention, support, and availability.
7.3 Zenith may end or modify a free trial at any time.
7.4 If the Customer converts to a paid subscription, the paid subscription terms will apply from the first paid day onward.
7.5 Customer Data submitted during a free trial is subject to the same data protection and confidentiality principles set out in these Terms and, where applicable, in the DPA.
8. Availability, Maintenance, and Service Levels
8.1 Zenith will use commercially reasonable efforts to make the Service available and operational.
8.2 Zenith may perform maintenance, updates, migrations, security changes, or emergency interventions that may temporarily affect availability.
8.3 For paid subscriptions, Zenith targets a monthly service availability of 99.0% at the delivery point, excluding scheduled maintenance, force majeure events under clause 13, and downtime caused by the Customer, its systems, or public internet failures outside Zenith’s reasonable control.
8.4 If Zenith fails to meet the availability target in clause 8.3 in a given calendar month, the Customer may request a service credit calculated as follows, applied against the next invoice:
(a) Availability between 98.0% and 99.0%: credit equal to 10% of the monthly fee for the affected month;
(b) Availability below 98.0%: credit equal to 25% of the monthly fee for the affected month.
Service credits are the Customer’s sole and exclusive remedy for availability failures, subject to clause 14. Credits must be requested in writing within thirty (30) days after the end of the affected month. A separate SLA agreed in writing, if any, shall prevail over this clause.
8.5 Support channels, scope, and response times depend on the applicable plan or separate agreement.
9. Data Protection, Security, and Confidentiality
9.1 Each party shall comply with applicable data protection laws with respect to its own processing activities.
9.2 To the extent Zenith processes personal data on behalf of the Customer as a processor, the parties shall enter into Zenith’s Data Processing Agreement (“DPA”), which shall be attached as Exhibit A or otherwise separately executed and incorporated by reference.
9.3 Zenith will treat Customer Data as confidential and will use it only as necessary to provide, secure, maintain, support, administer, and improve the Service, to comply with legal obligations, or as otherwise permitted under these Terms or the DPA.
9.4 Each party shall protect the other party’s confidential information using reasonable care and shall not disclose it to third parties except to employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations, where disclosure is required by law, or as otherwise permitted under these Terms.
9.5 In the event of a confirmed personal data breach affecting Customer Data processed by Zenith on behalf of the Customer, Zenith will notify the Customer without undue delay after becoming aware of the breach and, where feasible, provide an initial notice within seventy-two (72) hours.
9.6 Confidentiality obligations under this clause survive termination or expiration of the agreement for five (5) years, and indefinitely with respect to information that constitutes a trade secret under applicable law.
9.7 Zenith implements and maintains appropriate technical and organizational measures to protect Customer Data against unauthorized access, loss, destruction, or alteration, having regard to the nature of the data processed and the risks involved. A description of Zenith’s current technical and organizational measures is set out in the DPA. Zenith will not materially reduce the overall level of security applicable to Customer Data during any active subscription term.
9.8 Zenith shall, upon the Customer’s reasonable written request with at least thirty (30) days’ notice, provide documentation and information reasonably necessary to demonstrate compliance with Zenith’s obligations as a processor under applicable data protection law. Zenith shall allow for audits or inspections conducted by the Customer or a mutually agreed third-party auditor, subject to:
(a) reasonable advance notice;
(b) execution of an appropriate confidentiality agreement;
(c) audits being conducted during normal business hours without material disruption to Zenith’s operations; and
(d) the Customer bearing the costs of such audits unless the audit reveals a material non-compliance by Zenith.
Zenith may provide a current third-party security audit report, certification, or comparable independent assurance report in lieu of an on-site audit, which the Customer may accept at its discretion.
9.9 Zenith maintains a current list of subprocessors and will make that list available to the Customer upon request or through the mechanism described in the DPA. Zenith will provide reasonable prior notice of material changes to subprocessors in accordance with the DPA.
10. Customer Data Rights, Feedback, and Product Improvement
10.1 As between the parties, the Customer retains all rights in and to Customer Data.
10.2 The Customer grants Zenith a non-exclusive, worldwide, limited license to host, copy, process, transmit, display, analyze, and otherwise use Customer Data solely as necessary to provide, secure, maintain, support, and improve the Service, to comply with legal obligations, and to fulfill Zenith’s obligations under these Terms. Zenith shall not use Customer Data to train general-purpose AI models unless the parties separately agree to such use in writing.
10.3 Zenith may generate aggregated, anonymized, or otherwise non-personally identifiable usage statistics, performance metrics, and product analytics derived from operation of the Service, provided such information does not identify the Customer or reveal confidential Customer Data.
10.4 If the Customer provides Zenith with comments, suggestions, or enhancement requests relating to the Service (“Feedback”), the Customer grants Zenith a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into Zenith’s products and services. Zenith shall not be required to implement any Feedback. Zenith shall not use Feedback in a manner that discloses or reveals Customer’s Confidential Information. This clause does not limit the Customer’s ownership of its Confidential Information or Customer Data.
11. Zenith Intellectual Property
11.1 Zenith and its licensors retain all right, title, and interest in and to the Service, including all software, databases, dashboards, documentation, interfaces, designs, workflows, scoring logic, and underlying intellectual property.
11.2 No rights are granted to the Customer except those expressly set out in these Terms.
12. Warranties
12.1 Zenith warrants that it will provide the Service with reasonable skill and care consistent with a SaaS analytics platform of its type.
12.2 Zenith will use commercially reasonable measures to maintain the accuracy and integrity of the Service and to correct or work around material known defects within a commercially reasonable time after becoming aware of them.
12.3 Except as expressly stated in these Terms, the Service is provided “as is” and “as available.”
12.4 Zenith does not warrant that the Service will always be uninterrupted or error-free, or that third-party AI systems or data sources will remain unchanged, stable, or continuously available.
12.5 The Customer shall notify Zenith without undue delay of any reproducible defects or material service issues.
13. Force Majeure
13.1 Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure results from causes beyond its reasonable control, including acts of God, government action, war, civil unrest, natural disasters, epidemics, power failures, broad telecommunications outages, or general internet failures outside the affected party’s reasonable control (each a “Force Majeure Event”).
13.2 For clarity, the ordinary unavailability or non-performance of Zenith’s chosen third-party AI model providers, APIs, or data vendors shall not by itself constitute a Force Majeure Event.
13.3 Zenith will maintain commercially reasonable redundancy and failover measures for material third-party infrastructure and AI dependencies where technically and commercially feasible.
13.4 The affected party shall promptly notify the other party of the Force Majeure Event and use commercially reasonable efforts to mitigate its effects.
13.5 If a Force Majeure Event continues for more than seven (7) consecutive days, the Customer may terminate the affected paid subscription by written notice and Zenith will refund any prepaid fees allocable to the unused portion of the terminated paid subscription term.
14. Limitation of Liability
14.1 Zenith shall have unlimited liability for intent and gross negligence, injury to life, body, or health, fraud, liability under mandatory product liability law, and any other liability that cannot be limited under mandatory law.
14.2 In cases of slight negligence, Zenith shall only be liable for breach of essential contractual obligations, and such liability shall be limited to the foreseeable damage typical for this type of agreement at the time of contract conclusion.
14.3 To the maximum extent permitted by law, Zenith shall not be liable for indirect or consequential damages, loss of profit, loss of revenue, loss of goodwill, or loss of business opportunity. Zenith shall not be liable for loss or corruption of data solely to the extent such loss or corruption is directly attributable to the Customer’s failure to use export functionality that was actually available and operational under the Customer’s subscription plan at the time of the loss. This limitation shall not apply where export functionality was unavailable, materially restricted, or not reasonably usable.
14.4 Except for cases of unlimited liability under clause 14.1, Zenith’s aggregate liability arising out of or in connection with the Service shall not exceed the fees paid or payable by the Customer for the Service during the twelve (12) months preceding the event giving rise to the claim. The aggregate cap set out in this clause does not apply to Zenith’s intellectual property indemnification obligations under clause 15.2, which are separately capped under clause 15.4.
14.5 The above limitations also apply in favor of Zenith’s legal representatives, employees, contractors, and agents.
15. Indemnification
15.1 The Customer shall indemnify and hold Zenith harmless from third-party claims, damages, costs, and expenses arising out of or relating to the Customer’s unlawful or unauthorized use of the Service, Customer Data provided by or on behalf of the Customer, or breach of these Terms by the Customer or its Authorized Users, to the extent the Customer is responsible.
15.2 Zenith shall defend the Customer against any third-party claim alleging that the Service, as provided by Zenith and used in accordance with these Terms, directly infringes any intellectual property right, including copyright, trade secrets, and registered or unregistered rights, in any jurisdiction where the Customer principally operates, and Zenith shall pay damages finally awarded by a court of competent jurisdiction or agreed in settlement, provided that the Customer:
(a) promptly notifies Zenith in writing of the claim;
(b) grants Zenith sole control of the defense and settlement; and
(c) provides reasonable assistance.
15.3 Zenith’s indemnity obligation under clause 15.2 shall not apply to claims arising from:
(a) Customer Data;
(b) modifications to the Service not made by Zenith;
(c) use of the Service in combination with products, services, or materials not supplied by Zenith, if the alleged infringement would not have arisen without such combination; or
(d) use of the Service in violation of these Terms.
15.4 Zenith’s total liability under clause 15.2 shall be subject to a separate aggregate cap equal to the greater of:
(a) the fees paid or payable by the Customer for the Service during the twenty-four (24) months preceding the event giving rise to the claim; or
(b) EUR 100,000.
16. Assignment and Change of Control
16.1 Neither party may assign or transfer these Terms or any rights or obligations under them without the other party’s prior written consent, which shall not be unreasonably withheld.
16.2 Notwithstanding clause 16.1, Zenith may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, sale of substantially all assets, or transfer to an affiliate, provided that:
(a) the assignee assumes Zenith’s obligations under these Terms;
(b) Zenith gives the Customer at least thirty (30) days’ prior written notice; and
(c) if the assignee is a direct competitor of the Customer, or if the Customer reasonably determines that the transaction is likely to materially impair confidentiality protections or service quality, the Customer may terminate the affected subscription without penalty within thirty (30) days after receipt of Zenith’s notice, with a prorated refund of any prepaid fees for the unused subscription term.
16.3 Any purported assignment in violation of this clause is void.
17. Termination
17.1 The agreement begins when the Customer first accepts these Terms, starts a paid subscription, begins a trial, or otherwise uses the Service.
17.2 Either party may terminate the agreement for cause if the other party materially breaches these Terms and fails to cure that breach within thirty (30) days after written notice specifying the breach in reasonable detail, if cure is possible.
17.3 The Customer may terminate a paid subscription for convenience upon thirty (30) days’ prior written notice. If the Customer terminates an annual subscription for convenience, Zenith will refund a prorated portion of any prepaid fees for the unused subscription term from the effective date of termination.
17.4 Zenith may suspend or terminate access immediately where reasonably necessary to prevent security harm, abuse, unlawful conduct, or material non-payment.
18. Effects of Termination; Export and Deletion
18.1 Upon termination or expiration, the Customer’s right to access and use the Service ends.
18.2 Zenith may deactivate the account and associated workspaces upon termination or expiration.
18.3 Zenith will make available any export functionality reasonably necessary for the Customer to retrieve Customer Data for a period of up to ninety (90) days after the effective date of termination or expiration. During this period, the Customer shall be able to retrieve Customer Data without plan-based export restrictions that would materially prevent a complete export of available Customer Data. Customer Data will be made available for export in at least one standard machine-readable format, such as CSV, JSON, or XLSX, sufficient for the Customer to obtain a materially complete copy of its stored data.
18.4 Zenith may delete Customer Data no earlier than ninety (90) days after the effective date of termination or expiration, except where longer retention is required by law, the parties agree otherwise in writing, or the Customer requests earlier deletion.
19. Public Reference Use
19.1 Zenith may identify the Customer by name and logo as a customer of Zenith in customer lists, website references, presentations, and similar marketing materials only with the Customer’s prior written consent.
19.2 The Customer may grant or revoke such consent at any time by written notice to Zenith. Revocation will take effect within fourteen (14) days after receipt.
19.3 Zenith will not disclose confidential Customer information in this context.
20. Changes to the Terms
20.1 Zenith may update these Terms from time to time.
20.2 If a change materially affects an existing paid subscription, Zenith will provide at least thirty (30) days’ prior notice in text form before the updated Terms take effect.
20.3 If the Customer objects to a material change, either party may terminate the affected subscription with effect from the date the updated Terms would otherwise take effect.
21. Governing Law and Jurisdiction
21.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
21.2 If the Customer is a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Hattingen, Germany, to the extent legally permissible.
22. Final Provisions
22.1 These Terms, together with any applicable order form, pricing terms, privacy policy, DPA, and any separately agreed Service Level Agreement, form the entire agreement between the parties regarding the Service.
22.2 Any amendment or waiver must be made in text form unless stricter form is required by law.
22.3 If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the commercial intent of the original provision.
23. Contact
Zenith GmbH
Langenbergerstr. 3
45525 Hattingen
Germany
Support: support@gozenith.ai