Skip to content
Zenith Hosting
Log inGet started
Back to home

Terms of Service

Last updated June 10, 2026

These Terms govern your use of Zenith Hosting. They cover how billing works, what you may and may not do on the Service, the limits of our responsibility, and how disputes are resolved. They include a binding arbitration agreement and a class action waiver in Section 20, which you can opt out of within 30 days of creating your account.

1. Agreement to these Terms

These Terms of Service (the “Terms”) form a binding agreement between you and Zenith Hosting (“Zenith”, “we”, “us”, or “our”) and govern your access to and use of the Zenith website at zenith.hosting, our hosting, deployment, migration, and intelligence offerings, and any related software, dashboards, APIs, and support (together, the “Service”).

By creating an account, clicking “Continue”, “Create account”, or any similar control, or by accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

These Terms contain a binding arbitration agreement and a class action waiver (Section 20) that affect your legal rights. Please read them carefully.

2. Who we are and how to contact us

Zenith Hosting is an independent business based in Australia that operates the Service for customers worldwide, including in the United States and Europe. Zenith Hosting is not yet incorporated as a company; references in these Terms to Zenith mean the business operating under the name “Zenith Hosting” and its operators, successors, and assigns.

The fastest way to reach us, and the required address for every notice, request, dispute, or opt-out described in these Terms, is [email protected].

3. Eligibility

You may use the Service only if you are at least 13 years old, or older where your jurisdiction sets a higher minimum age for using an online service or for consenting to the processing of personal data (for example, age 16 in some parts of the European Economic Area). If you are under the required age, you may not use the Service or submit any information to us.

If you use the Service on behalf of a business, organisation, or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms, and “you” refers to both you and that entity. You also represent that you are not barred from using the Service under the laws of any applicable jurisdiction, and that you are not on any government sanctions or denied-party list.

4. Your account

To use most features you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account, whether or not authorised by you.

You must notify us immediately at [email protected] if you suspect any unauthorised use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials. You may not share, sell, or transfer your account, and you may not create an account using automated means or under a false identity.

5. The Service, and changes to it

The Service lets you deploy, host, manage, and migrate data to and from third-party and open-source software on infrastructure operated or arranged by Zenith. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms.

We are continuously developing the Service. We may add, change, suspend, limit, or discontinue any part of the Service, including features, products in the catalogue, resource limits, and integrations, at any time and for any reason, with or without notice. Where a change is material and we can reasonably do so, we will make reasonable efforts to notify you. We are not liable to you or to any third party for any change to, suspension of, or discontinuation of the Service.

6. Open alpha and beta features

The Service, or parts of it, is offered as an open alpha and may include features expressly identified as alpha, beta, preview, experimental, or early access. These are provided for evaluation and may be incomplete, unstable, or unreliable, may change or be withdrawn without notice, and may not be supported to the same standard as generally available features.

You use the Service, and any alpha or beta feature, at your own risk. You are responsible for maintaining your own backups of any data you consider important. We do not guarantee that data will be retained, preserved, or recoverable, and we are not responsible for any loss of or damage to your data.

7. Fees, billing, and payment

Paid features of the Service are billed on a recurring and/or usage-based basis as described at the point of purchase. Unless stated otherwise, all fees are stated and charged in United States dollars (USD) and are exclusive of taxes.

Payments are processed by our third-party payment processor, Stripe. By providing a payment method, you authorise us and our payment processor to charge that payment method for all fees you incur, including recurring subscription fees and metered usage, until you cancel. You are responsible for keeping your payment method valid and current.

You are responsible for all taxes, duties, and similar government charges associated with your use of the Service, except for taxes based on our net income. If a payment fails, is reversed, or is uncollected, we may retry the charge, suspend or terminate your access, and pursue any amounts owed. You agree to reimburse us for reasonable costs of collection, including legal fees and processor fees, on any overdue amount.

8. Price changes

We may change our prices, fees, and the structure of our charges at any time. Where a price change would affect you, we will make reasonable efforts to notify you in advance by reasonable means, which may include email, a banner or notice in your dashboard, or an in-product notification. Changes take effect at the start of your next billing cycle unless we state otherwise. If you do not agree to a price change, your remedy is to stop using the Service and cancel before the change takes effect; your continued use after a change takes effect constitutes acceptance of the new price.

9. Refunds

Payments are non-refundable except where required by law. Any refund or credit is granted entirely at our sole discretion, and we are under no obligation to provide one in any circumstance. Granting a refund or credit in one instance does not obligate us to do so in any other instance. If you believe you are entitled to a refund, contact us at [email protected] and allow us at least 30 days to review and respond before taking any other action.

10. Chargebacks and payment disputes

If you have a billing concern, you must contact us first at [email protected] and allow us at least 30 days to resolve it. You agree not to initiate any chargeback, payment reversal, or dispute with your bank, card issuer, or payment provider in connection with the Service.

A chargeback initiated without first giving us the opportunity to resolve the matter, or for a charge that was validly incurred, is a “wrongful chargeback” and a breach of these Terms. You agree to pay us a fee of USD $100 for each wrongful chargeback, in addition to the disputed amount and any fees our payment processor charges us as a result, and you authorise us to charge those amounts to your payment method or to recover them as a debt. We may also suspend or terminate your account for any wrongful chargeback. This Section does not limit your non-excludable legal rights to dispute a charge that you are entitled to dispute under applicable law.

11. Acceptable use

You must use the Service lawfully and in accordance with these Terms. You agree that you will not, and will not permit anyone else to:

  • use the Service in violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, and data protection laws;
  • upload, host, transmit, or distribute any content that is unlawful, infringing, defamatory, fraudulent, malicious, or that contains malware, or use the Service to send spam or unsolicited communications;
  • use the Service to store or process content depicting the sexual exploitation or abuse of minors, or any other content prohibited by law;
  • engage in any activity that interferes with, overloads, degrades, or disrupts the Service or the infrastructure, networks, or systems used to provide it, including denial-of-service activity and unauthorised cryptocurrency mining or other abusive resource consumption;
  • use the Service to attack, scan, probe, or test the vulnerability of any system or network that you are not authorised to test, or to transmit anyone else’s data unlawfully;
  • resell, sublicense, or make the Service available to third parties except as expressly permitted, or use it to build a competing service.

System integrity

Our infrastructure and the boundaries between customer workloads are critical to the security of every customer. You will not, and will not attempt to, reverse engineer, decompile, disassemble, or otherwise derive the source code, architecture, or internal workings of the Service; gain or attempt to gain unauthorised access to our containers, hosts, clusters, control plane, networks, storage, or any system or data that is not yours; escape, break out of, or escalate privileges beyond the container or environment allocated to you; circumvent or attempt to circumvent any security, isolation, rate-limiting, authentication, or access-control measure; or access the accounts, workloads, or data of other customers. You will not use automated means to scrape or extract data from the Service except via interfaces we expressly provide for that purpose.

We may investigate any suspected violation of this Section, and we may report activity we believe to be unlawful to law enforcement. We may remove content, throttle, suspend, or terminate access for any actual or suspected violation, with or without notice.

12. Your content and data

You retain all rights you hold in the data, files, and content you upload to, generate within, or migrate using the Service (“Your Content”). As between you and us, Your Content is yours.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display, process, and otherwise use Your Content to the extent necessary to operate, secure, maintain, and improve the Service, to provide intelligence and related features to you, and to comply with the law. Our use of Your Content for intelligence and AI features, and our commitment not to train AI models on the private content of Your Content, are described in our Privacy Policy.

You are solely responsible for Your Content, for having all rights and permissions necessary to provide it to us and to use it on the Service, and for its lawful use. We do not endorse and are not responsible for Your Content. You are responsible for maintaining your own backups.

To operate, maintain, secure, troubleshoot, and support the Service, you authorise us and our personnel and systems to access, configure, and process your deployments, environments, and Your Content as reasonably necessary for those purposes and as described in our Privacy Policy.

13. Third-party and open-source software

The Service lets you deploy and use software created by third parties, including open-source software (“Third-Party Software”). Third-Party Software is provided by its respective authors and is governed by its own licences and terms, which you are responsible for reviewing and complying with. We do not author, own, control, or warrant Third-Party Software, and we are not responsible for its functionality, security, content, updates, or discontinuation. Your use of Third-Party Software is at your own risk, and any dispute regarding it is between you and the relevant author.

14. Our intellectual property

The Service, and all software, technology, designs, text, graphics, logos, and other materials we provide (excluding Your Content and Third-Party Software), are owned by Zenith or our licensors and are protected by intellectual property laws. Except for the limited licence to use the Service granted in these Terms, we grant you no rights in our intellectual property. “Zenith”, “Zenith Hosting”, and our logos are our marks; you may not use them without our prior written permission. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without obligation to you.

16. Suspension and termination

You may stop using the Service and close your account at any time. To the extent a paid plan continues until the end of its billing period, fees already incurred remain payable and are non-refundable.

We may suspend or terminate your access to all or part of the Service at any time, for any reason or no reason, and with or without notice, including where we believe you have violated these Terms. If we terminate or suspend your account, you are not entitled to any refund, credit, or compensation.

On termination, your right to use the Service ends immediately and we may delete Your Content and account data. We may retain certain information where required by law or as described in our Privacy Policy. Sections of these Terms that by their nature should survive termination will survive, including those on fees owed, content licences to us, disclaimers, limitation of liability, indemnification, and dispute resolution.

17. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF DATA LOSS, OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties or conditions, including non-excludable guarantees under the Australian Consumer Law and consumer rights in the European Economic Area and the United Kingdom. Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded; where such a right applies and can be limited, our liability is limited to the extent permitted by that law.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZENITH OR ITS OPERATORS, EMPLOYEES, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50.

These limitations apply to the maximum extent permitted by law and form an essential basis of the bargain between us. They do not exclude or limit liability that cannot lawfully be excluded or limited, and they do not affect non-excludable consumer rights under the Australian Consumer Law or the laws of the European Economic Area or the United Kingdom.

19. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Zenith and its operators, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or relating to: your use of the Service; Your Content; your violation of these Terms or any applicable law; or your infringement of any third-party right. We may assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

20. Dispute resolution, arbitration, and class action waiver

Please read this Section carefully. It requires you and Zenith to resolve most disputes through binding individual arbitration rather than in court, and it waives your right to participate in a class action.

Informal resolution first

Before starting any arbitration or proceeding, you agree to first contact us at [email protected] with a written description of the dispute and the relief you seek, and to give us at least 30 days to resolve it in good faith. This informal process is a condition precedent to commencing arbitration.

Binding arbitration

If we cannot resolve a dispute informally, you and Zenith agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in court. The arbitration will be conducted in the English language and seated in Delaware, United States, and may proceed by documents, telephone, or video where the rules allow. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement.

Class action waiver

You and Zenith agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. You and Zenith waive any right to a jury trial.

Opt-out

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of creating your account. Your notice must include your username and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Delaware.

Exceptions and limits

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to stop unauthorised use, intellectual-property infringement, or violations of the acceptable-use and system-integrity terms. This arbitration agreement and class action waiver apply only to the extent permitted by applicable law; where binding individual arbitration or a class action waiver is not enforceable in your jurisdiction, this Section applies to the maximum extent permitted, and any dispute not subject to arbitration is governed by Section 21.

Fees and relief

Payment of arbitration fees is governed by the AAA rules. Each party is responsible for its own attorneys’ fees and costs, except where the arbitrator may award them under applicable law. The arbitrator may award only individual relief in favour of the party seeking it, and only to the extent necessary to provide relief on that party’s individual claim.

Coordinated filings

If 25 or more similar demands for arbitration are asserted against us by or with the assistance of the same or coordinated counsel, the demands will be administered in batches of up to 50, with a single arbitrator presiding over each batch, to promote efficient resolution. This does not limit the class action waiver above.

Severability of this Section

If any part of this arbitration agreement other than the class action waiver is found unenforceable, that part will be severed and the rest of the Section will remain in effect. If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and brought in the courts identified in Section 21, while all other claims proceed in arbitration.

21. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to the arbitration agreement in Section 20, you and Zenith submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any dispute not subject to arbitration. This choice of law does not deprive you of the protection of mandatory consumer-protection provisions of the law of the country in which you habitually reside that cannot be derogated from by agreement.

22. Time limit for claims

To the maximum extent permitted by law, any claim or dispute arising out of or relating to the Service or these Terms must be commenced within one (1) year after the claim arose; otherwise, it is permanently barred. Where applicable law does not allow this period to be shortened, the shortest period permitted by that law applies instead.

23. Force majeure

We are not liable or responsible for any failure or delay in performing our obligations where the failure or delay results from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labour disputes, failures or interruptions of the internet, hosting, electricity, or telecommunications, failures of third-party suppliers or infrastructure providers, cyberattacks, and denial-of-service attacks.

24. Changes to these Terms

We may modify these Terms at any time. When we do, we will update the “Last updated” date at the top of this page, and the modified Terms take effect when posted. For material changes, we will make reasonable efforts to notify you by reasonable means, which may include email, a banner or notice in your dashboard, or an in-product notification. Your continued use of the Service after the changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

25. Electronic communications and notices

You consent to receive communications from us electronically, including these Terms, the Privacy Policy, agreements, notices, disclosures, receipts, and other records, by email, through the dashboard, or by posting within the Service. You agree that electronic communications satisfy any legal requirement that a communication be in writing, and that any electronic agreement or consent you give has the same legal effect as a handwritten signature.

We may give you notice by email to the address on your account, through the dashboard, or by posting within the Service, and such notice is deemed given when sent or posted. You are responsible for keeping your email address current. You must send any notice to us at [email protected].

26. Export controls and sanctions

You must comply with all applicable export-control and sanctions laws. You represent that you are not located in, and will not use the Service in or for the benefit of, any country or party subject to applicable embargoes or sanctions, and that you are not identified on any restricted-party or denied-party list. You will not use the Service for any purpose prohibited by such laws.

27. General

Entire agreement. These Terms and the documents they incorporate, including the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganisation, or sale of assets.

No third-party beneficiaries. These Terms do not create any third-party beneficiary rights in any person, and notices are governed by Section 25.

Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms. Headings are for convenience only and do not affect interpretation.

Contact. Questions about these Terms can be sent to [email protected].