Terms of Service

These Terms of Service, together with our Privacy Policy (collectively “Terms”), govern your use of the services (“Services”) and content (“Service Content”) that we (or “Zenith”) provide you via our website or mobile apps. By using our Services, you accept these Terms in full. If you disagree with these Terms or any part thereof, you must not use the Services.

Nothing in these Terms limits or excludes any rights you have under the law that applies to you and that cannot be waived or limited by agreement, such as your rights as a consumer (your statutory rights). Where any part of these Terms conflicts with your statutory rights, your statutory rights prevail.

Note that we offer certain Services in cooperation with our partners (“Cooperative Services”). If you choose to use Cooperative Services, you must additionally accept the terms of service and privacy policies of our respective partners.

We reserve the right to restrict access to some or all Services at our discretion. We may choose to make certain Services accessible to you only against identification and/or payment.

To create your user account, we need you to give us certain personally identifiable information about yourself, including your email address and a password of your choice (your account information). By giving us your email address, you agree that we may use it to contact you for customer support, confirmations, product or service offers, and other matters. You are responsible for keeping your password confidential.

As you use the Services, we gather some information about you. We use this information primarily to personalize the Services for you and to improve the Services. For more details, refer to our Privacy Policy.

We may permit you to submit some content for inclusion into the Services. In such cases, you must ensure that you don't violate anyone else's rights, and you must give us license to use your content in our Services. For more details, refer to Article 4, “User-generated content”.

You may terminate your account at any time from within the Zenith app, or by contacting our customer support team. Upon termination of your user account, we will permanently delete all personally identifiable information that you have given us (including your account information) within 7 days, but we may keep non-personally identifiable demographic information, the data that we have gathered as you used the Services, and your user content as long as we see fit.

When you subscribe to our paid Services, you will have no right to request a refund as defined by the Swiss Code of Obligations, except under our satisfaction guarantee below and where your statutory rights provide otherwise (see Article 1). You may still request to cancel your subscription at any time; there will be no refund but you will be able to use the paid Services until the end of your then-current subscription period, after which your subscription will no longer be renewed. Please contact our customer support team to request a refund or cancel your subscription.

Satisfaction guarantee. If you have an annual subscription and you are not satisfied with Zenith, you may request a full refund of your annual subscription fee, provided that all of the following are true:

1. you email your request to our customer support team within 30 days of purchasing your annual subscription;
2. on at least 20 days between your purchase and your request, you recorded at least one completed or skipped routine in Zenith;
3. on at least 15 of those 20 days, you recorded at least one completed routine;
4. on each of those 20 days, you were tracking at least three routines; and
5. you have not received a refund under this satisfaction guarantee before. Each person can receive it only once, whatever the account.

With your request, include screenshots of the History calendar of each routine you tracked (open the routine, then its History), covering the days since your purchase. Once we have confirmed that you meet these conditions, we will refund your full annual subscription fee and end your subscription. The satisfaction guarantee does not apply to monthly or other subscriptions that are not annual.

Unless otherwise stated, we or our licensors own the intellectual property rights in the Services and Service Content. You may use the Services and Service Content only for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Terms.

You must not reproduce, redistribute, sell, rent, sublicense, publicly display, publicly perform, make available, modify, transmit or otherwise exploit Service Content outside the Services, whether commercially or not. Where we make Service Content specifically available for use outside the Services, such use is subject to an additional license.

You must not use the Services in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Services without our express written consent.

You must not use the Services to transmit or send unsolicited commercial communications. “Zenith” and all other trademarks, service marks, graphics and logos (collectively “marks”) used in connection with the Services are trademarks or service marks of Zenith or their respective owners, and certain of such marks may be registered. Nothing in these Terms grants you any right to reproduce or otherwise use these marks.

In these Terms, “your user content” means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to the Services, for whatever purpose.

You represent and warrant that your user content either:

• is not subject to your or anyone else's copyright, related right, right of maker of database or any other right substantially similar to any of the foregoing; or
• is subject only to your own copyright.

In the latter case, by submitting your used content to the Services, you:

• assign to us, free of charge and to the maximum extent permissible under any applicable law, your copyright in your user content; and
• grant to us a worldwide, irrevocable during the term of the licensed rights, exclusive and royalty-free license to exercise, for any purpose, your copyright in your user content insofar it cannot be assigned but can be licensed; to sublicense these rights, and to bring an action for infringement of these rights; and
• commit to never exercise of your copyright in your user content insofar it can neither be assigned nor licensed.

In consideration of your assignment, grant and/or commitment set forth above, we grant to you a worldwide, irrevocable during the term of the licensed rights, non-exclusive, royalty-free and sublicensable license to use your user content for any purpose. For the sake of clarity, this license only applies to the material originally submitted by yourself.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Notwithstanding our rights under these Terms in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. If you discover any content on our website that appears to infringe your rights, send us a specific claim to support@zenithmastery.com and we will promptly remove the infringing content.

You agree that your use of the Services is at your own sole risk and that the Services are provided on an “as is, as available” basis, without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Zenith and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, or noninfringement.

We strive to maintain the Services on a commercially reasonable basis. We do not warrant the completeness or accuracy of the information provided through the Services; nor do we commit to ensuring that the Services remain available or that the Service Content is kept up-to-date.

We try to make the Services accessible via most popular web browsers and devices. However, we cannot guarantee that the Services will function properly with all browsers, devices, and network services.

Nothing in these Terms will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these Terms: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract and/or in tort.

To the extent that the Services and Service Content are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

We may revise these Terms from time to time. Revised Terms will apply to your use of the Services from the date of the publication of the revised Terms on our website or at a later date if specified in the revised Terms.

If we revise these Terms, we will notify you about it (e.g. via email or when you use the Services again). If you do not agree with the revised Terms, you may request to terminate your user account.

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.