Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the website zenithspark.top and all related services provided by ZenithSpark AS ("ZenithSpark", "we", "our", or "us"). By accessing or using our website and services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with any part of these Terms, you must not use our website or services. These Terms constitute a legally binding agreement between you and ZenithSpark AS, a company registered in Denmark with registration number CVR61589723.

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of our services after any modifications constitutes acceptance of the revised Terms.

2. Description of Services

ZenithSpark provides business finance software analysis, comparison, and consultation services. Our services include but are not limited to:

• Comprehensive analysis and comparison of business finance software solutions
• Compliance and regulatory assessment services
• Expert consultation and advisory services
• Market intelligence and research reports
• Implementation guidance and vendor selection support

All services are provided on a professional consulting basis and are subject to separate service agreements that supplement these Terms.

3. User Obligations

By using our services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the confidentiality of any login credentials or account information
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the operation of our website or services
• Not attempt to gain unauthorised access to any part of our systems or networks
• Respect the intellectual property rights of ZenithSpark and third parties
• Comply with all applicable laws and regulations in your jurisdiction

You are responsible for all activities that occur under your account and for ensuring that your use of our services complies with all applicable laws and regulations.

4. Intellectual Property

All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, images, software, analysis reports, methodologies, and documentation, are owned by ZenithSpark or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use our services for your business purposes. This licence does not include the right to:

• Reproduce, distribute, or publicly display our proprietary content
• Create derivative works based on our methodologies or analysis frameworks
• Reverse engineer or attempt to extract our proprietary algorithms or processes
• Use our content for competitive intelligence or to develop competing services

Any unauthorised use of our intellectual property may result in termination of services and legal action to protect our rights.

5. Service Availability and Modifications

We strive to maintain high availability of our website and services, but we cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of our services without notice or liability.

In the event of significant service changes that materially affect your existing agreements, we will provide reasonable notice and work with you to ensure continuity of service where possible.

6. Payment Terms

Payment terms for our services are specified in individual service agreements or proposals. Unless otherwise agreed in writing:

• Fees are due within 30 days of invoice date
• All fees are exclusive of applicable taxes, which you are responsible for paying
• Late payments may incur additional charges as permitted by law
• We reserve the right to suspend services for non-payment

Refund policies, if applicable, will be specified in your service agreement and are subject to the completion status and nature of the services provided.

7. Confidentiality

We understand that you may share confidential information with us in connection with our services. We commit to maintaining the confidentiality of your proprietary business information and will not disclose it to third parties without your consent, except as required by law.

Similarly, our analysis methodologies, proprietary frameworks, and internal processes constitute our confidential information. You agree to maintain the confidentiality of any proprietary information disclosed to you during the course of our engagement.

Confidentiality obligations survive the termination of our service relationship and continue for a period of five years unless otherwise specified in a separate confidentiality agreement.

8. Limitation of Liability

To the maximum extent permitted by applicable law, ZenithSpark's liability for any claims arising from or related to our services is limited to the total amount paid by you for the specific services giving rise to the claim during the twelve months preceding the claim.

In no event shall ZenithSpark be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.

Our analysis and recommendations are based on information available at the time of analysis and represent our professional opinion. We do not guarantee specific outcomes or results from the implementation of our recommendations.

Some jurisdictions do not allow the limitation of certain damages, so these limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless ZenithSpark, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use of our services in violation of these Terms
• Your violation of any applicable laws or regulations
• Any information or content you provide that infringes third-party rights
• Your implementation of our recommendations without proper due diligence

This indemnification obligation survives termination of these Terms and your use of our services.

10. Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts of Denmark, and you hereby consent to the jurisdiction and venue of such courts.

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

11. Termination

Either party may terminate ongoing service engagements in accordance with the terms specified in the relevant service agreement. In the absence of specific termination provisions, either party may terminate with 30 days' written notice.

We may immediately terminate or suspend your access to our services if you violate these Terms or engage in any conduct that we reasonably believe is harmful to our business, other users, or third parties.

Upon termination:

• Your right to use our services immediately ceases
• We will provide any completed deliverables as specified in your service agreement
• Payment obligations for services rendered remain in effect
• Confidentiality obligations continue as specified in Section 7

Provisions of these Terms that by their nature should survive termination will continue in effect, including intellectual property rights, limitation of liability, indemnification, and governing law.

12. Dispute Resolution

We encourage the resolution of disputes through direct communication. If a dispute arises, the parties agree to first attempt to resolve it through good faith negotiations.

If direct negotiation fails to resolve the dispute within 60 days, the parties may agree to pursue mediation through a mutually acceptable mediator before resorting to litigation.

For disputes involving amounts below €25,000, the parties may agree to binding arbitration under the rules of the Danish Institute of Arbitration as an alternative to court proceedings.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms that is due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, pandemic, government actions, natural disasters, or significant technological failures. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact of such circumstances.

14. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and ZenithSpark regarding your use of our services and supersede all prior or contemporaneous communications and proposals.

No modification of these Terms will be effective unless made in writing and signed by both parties, except for changes made by ZenithSpark as permitted in Section 1.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: