Terms & Conditions
Contents
- Agreement to these terms
- What Zenithy provides
- Eligibility
- Proposals & orders
- Your responsibilities
- Fees & third-party costs
- Third-party services
- Your data & ownership
- Intellectual property
- Warranty
- Disclaimers
- Limitation of liability
- Confidentiality
- Term & termination
- Changes to these terms
- Governing law
- Contact
1Agreement to these terms
These Terms & Conditions (“Terms”) govern your access to and use of Zenithy’s website, software, dashboards and related services (together, the “Service”). By booking a demo, approving a proposal, or using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company, you confirm you have authority to bind that company.
2What Zenithy provides
Zenithy builds and delivers a private, automated Meta (Facebook/Instagram) ads intelligence system for e-commerce brands. A typical engagement includes a data pipeline that syncs your advertising data into a database you own, a bespoke analytics dashboard (including creative performance, breakdowns, and a Winners/team-performance layer), and setup, validation and handover. Every brand receives a standard set of features on setup, with optional customisation as agreed in your proposal.
3Eligibility
The Service is intended for businesses and their authorised personnel, not for consumers or individuals under the age of 18. You are responsible for all activity that occurs under your accounts.
4Proposals & orders
The specific scope, deliverables, timeline and fees for your engagement are set out in the proposal or order document we provide and you approve (the “Proposal”). Where the Proposal and these Terms conflict, the Proposal governs for that engagement. Work outside the agreed scope may be quoted and billed separately.
5Your responsibilities
To deliver the Service, you agree to provide, in a timely manner:
- Access to your Meta/Facebook Ads Manager and relevant ad accounts;
- Access to, or credentials for, the third-party infrastructure used to run your system (for example your data-sync, database and hosting accounts);
- Accurate information, naming conventions and any assets reasonably needed to complete the work.
Delays in providing access may extend the delivery timeline accordingly. You are responsible for ensuring you have the right to share any data or access you provide.
6Fees & third-party costs
Fees for setup and any ongoing services are as stated in your Proposal and are due on the terms stated there. Unless stated otherwise, fees are exclusive of taxes. Third-party infrastructure costs (for example data-sync, database, warehouse and hosting providers) are billed by those providers directly to you and are not included in Zenithy’s fees.
7Third-party services
The Service integrates with and relies on third-party platforms, including Meta’s advertising APIs and infrastructure providers used for data synchronisation, storage and hosting. Your use of those platforms is subject to their own terms. We are not responsible for third-party platforms, their availability, or changes they make to their APIs or pricing.
8Your data & ownership
You retain all rights to your business and advertising data. Where your system is deployed to infrastructure you own or control, your data resides in that infrastructure. We access your data only to the extent necessary to build, operate, validate and support the Service, and we do not sell your data. Our handling of personal data is described in our Privacy Policy.
9Intellectual property
Zenithy retains all rights in its underlying software, methods, templates and know-how. Subject to full payment, you receive the agreed deliverables and a non-exclusive right to use them for your internal business purposes. You may not resell, sublicense, or reverse-engineer the Service except as permitted by law.
10Warranty
We warrant that the delivered work will perform materially in accordance with the acceptance criteria in your Proposal for [30] days following acceptance. During this period we will fix bugs directly attributable to the original scope at no additional charge. This warranty does not cover issues caused by your modifications, changes to third-party platforms or APIs, or requests outside the original scope.
11Disclaimers
Except for the express warranty above, the Service is provided “as is” and “as available”. We do not warrant that the Service will be uninterrupted or error-free, or that any particular advertising, financial or business result will be achieved. Analytics and metrics are provided for informational purposes and should not be your sole basis for decisions.
12Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or lost profits or revenue. Except for your payment obligations and either party’s breach of confidentiality, each party’s total aggregate liability arising out of or relating to the Service is limited to the fees you paid to Zenithy for the engagement giving rise to the claim in the [12] months before the claim.
13Confidentiality
Each party may access confidential information of the other. Each party agrees to protect the other’s confidential information with reasonable care and to use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully obtained from a third party.
14Term & termination
These Terms apply for the duration of your engagement and any ongoing services. Either party may terminate for material breach that remains uncured after reasonable written notice. On termination, you remain responsible for fees due for work performed. Sections that by their nature should survive (including data ownership, IP, confidentiality, disclaimers and liability) survive termination.
15Changes to these terms
We may update these Terms from time to time. Material changes will be posted on this page with an updated “Last updated” date. Your continued use of the Service after changes take effect constitutes acceptance.
16Governing law
These Terms are governed by the laws of [jurisdiction / country], without regard to conflict-of-laws rules. The courts of [venue] have exclusive jurisdiction, except that either party may seek injunctive relief where appropriate.
17Contact
Questions about these Terms? Contact us at [[email protected]], [legal entity name & address].