Terms of Use

‍Updated May 1, 2024   
These Terms of Use (“Agreement”) govern your access to and use of the Zenith App websites (the “Zenith Sites”), software applications (the “Zenith App Apps”), and all Zenith App products and services (collectively the “Services”) provided by Zenith App, Inc (“Zenith,” the “Company,” “we,” “us,” and “our” which terms shall include affiliates of Zenith App, Inc).Please read the Terms of Service carefully.BY USING THE ZENITH APP SITES OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT VISIT THIS WEBSITE, SET UP AN ACCOUNT OR USE THE ZENITH APP SITES OR THE SERVICES.

‍Access to and Use of the Zenith Sites and the Services
‍The Zenith Sites and Services are not for persons under the age of 13. However, if law requires that you must be older in order for Zenith to lawfully provide the Services to you without parental consent (including processing your personal data) then the Minimum Age is such older age.You may access and use the Zenith Sites and Services only if you (or your parent or guardian) are able to enter into these Terms of Use and form a legally binding agreement between you and us.The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms of Use and all applicable laws.To access and use the Zenith Sites and Services, you must create a Zenith account and:(a) provide us the required account creation information,(b) if required, provide us your credit card or other payment information and(c) create a username and password.If you create an account for a company or other organisation (“Customer”), "you" includes you and the Company. You represent and warrant to us that you, on behalf of the Company, are authorised to:(a) grant all permissions and licenses set forth in these Terms of Use,(b) undertake the obligations set forth in these Terms of Use and(c) enter into these Terms of Use.The Customer may grant additional Representatives access to the Customer’s account as long as each such user provides us his or her required information, creates a username and password and accepts this Agreement.You agree that you will not use the Zenith Sites and the Services for any illegal purposes.You agree to be responsible for all information, content, including images, comments, links and other materials (“Information”) provided by you and for all activity that occurs with respect to your account.You agree that you will not enter, upload or disseminate any Information that infringes on the copyrights or other intellectual property rights of any third party.
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No Medical Services Relationship
‍Our Services do not constitute medical advice or medical opinions.We gather information from our users, analyse and aggregate the information and then provide it for informational purposes. Using the Services is not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition.If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and us.If your use of the Services will change how you exercise, eat or otherwise behave, you agree that you will consult with your healthcare professionals before making changes to your exercise, diet or other behaviour.
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Security
‍We continuously work to protect the security of your Information and your account information; however, we cannot guarantee that unauthorised third parties will not be able to circumvent our security measures. Please notify us immediately of any unauthorised use of your account.
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Assumption of Risks Related to the Services
‍YOU KNOWINGLY AND FREELY ASSUME ALL RISK RELATED TO YOUR USE OF THE ZENITH SITES AND THE SERVICES AS WELL ANY CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE.ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES AND HEIRS, YOU HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY ZENITH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES OR CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE.
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Grant of License
‍For as long as you comply with these Terms of Service, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Zenith Sites. The Services, including the Zenith Sites, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose.When accessing the Services through downloaded Zenith Apps, you acknowledge and agree that you have not entered into any agreement with the Zenith App provider regarding the Zenith Apps or the Services. As such, we are responsible for the Zenith Apps, any maintenance and support services needed or any claims that could be made regarding the Zenith Apps.
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Cancellation and Termination
‍You will be solely responsible for cancelling your account.You may request the deletion of your account and/or any and all associated data from Zenith Sites and Services by submitting a written request via email to the address hello@zenithapp.com.au.An email or phone request to cancel your account is not a proper cancellation until you have received direct confirmation from an agent of Zenith.We have the right to at any time suspend or terminate your account and refuse any and all current or future use of the Zenith Sites and the Services for any reason or no reason. We cannot guarantee that your Information will be available to you following a cancellation, or suspension.
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Modifications to the Zenith Sites and Services
‍We reserve the right to at any time and from time to time modify, upgrade or discontinue, temporarily or permanently, the Zenith Sites and the Services that we offer, with or without notice.We may upgrade the Zenith Sites and our Services and you agree that this Agreement will apply to such upgrades.You agree that we will not be liable to you or to any third party with respect to any such modification, upgrade or discontinuance of the Zenith Sites and the Services.
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Indemnification
‍You agree to indemnify and hold harmless Zenith, its parents, subsidiaries, affiliates, officers, partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Zenith Sites and Services, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
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Limitation of Liability
‍YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ZENTIH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZENITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(a) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES;(b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICES;(c) UNAUTHORISED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION;(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEBSITE OR THE SERVICES;(e) OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES.IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED AUS DOLLARS (AUS $100.00).
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Disclaimer
‍YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR SOLE RISK.THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT:(a) THE WEBSITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS,(b) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE,(d) THE QUALITY OF THE WEBSITE OR THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND(e) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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General Conditions
‍You acknowledge and agree that Zenithmay use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Zenith Sites and the Services. We reserve the right to modify these Terms of Service from time to time at our sole discretion.Any such modification will be effective immediately upon our posting of the revised Terms of Service on our Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service.If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Zenith Sites and the Services. All new or modified features related to the Zenith Sites and the Services, including the release of new features, tools and resources, will be subject to this Agreement.You agree that you will not modify, adapt or hack the Zenith Sites and the Services or modify another application or website so as to falsely imply that it is associated with the Zenith Sites and the Services or Zenith.You agree that you will not reproduce, duplicate, copy, sell, resell or exploit all or any part of the Zenith Sites and the Services.You understand that the technical processing and transmission of the Zenith Sites and the Services, including your Information, may be transferred unencrypted and involve:(a) transmissions over various networks; and(b) changes to conform and adapt to technical requirements of connecting networks or devices.You agree that you will not upload, post, host, or transmit unsolicited email, SMS or “spam” messages.You agree that you will not transmit any worms or viruses or any code of a destructive nature.The Zenith Sites and the Services are controlled and operated from Australia, and we make no representations that they are appropriate or available for use in other locations.The failure of Zenith to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and the other policies, terms and conditions referred to in these Terms of Service constitute the entire agreement between you and Zenith and govern your use of the Zenith Sites and the Services, superseding any prior agreements between you and Zenith.You may not assign these Terms of Service to any party. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
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Questions
‍Any questions regarding these Terms of Service should be addressed to hello@zenithapp.com.au