Terms and Conditions - Zenith Fleet

1. Introduction and Acceptance

Welcome to Zenith Fleet. These Terms and Conditions ("Terms") govern your use of our AI-powered fleet operations platform, website, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Zenith Fleet ("Company," "we," "us," or "our").

2. Service Description

Zenith Fleet provides an AI-powered fleet operations platform that includes:

Real-time vehicle tracking and monitoring
Route optimization and fleet management
Driver behavior analytics and safety monitoring
Maintenance scheduling and predictive analytics
Fuel management and cost optimization
Integration with third-party telematics platforms
Reporting and business intelligence tools

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. For business accounts, you must have authority to bind your organization.

3.2 Account Information

You agree to provide accurate, complete, and current information during registration and to update this information as necessary.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Subscription Plans and Pricing

4.1 Free Trial

30-day free trial for up to 10 vehicles and 1 user
Extension available by request
No credit card required for activation
Automatic conversion to paid plan requires explicit consent

4.2 Basic Plan

€15 per vehicle per month
Month-to-month billing
Up to 5 users included
Standard features and priority support

4.3 Enterprise Plan

Custom pricing based on requirements
Advanced features including SSO and custom integrations
Dedicated support and onboarding
Custom contract terms available

4.4 Price Changes

We may modify pricing with 30 days' written notice. Existing subscriptions will maintain current pricing until the next renewal period.

5. Payment Terms

5.1 Billing

Subscription fees are billed monthly in advance. Enterprise plans may have custom billing arrangements.

5.2 Payment Methods

We accept major credit cards and bank transfers. Payment processing is handled by secure third-party processors.

5.3 Late Payments

Overdue accounts may result in service suspension after 15 days' notice. A late fee of 1.5% per month may apply to overdue amounts.

5.4 Refunds

Refunds are available within 30 days of payment for annual plans. Monthly subscriptions are non-refundable but can be cancelled for future billing periods.

6. Data and Privacy

6.1 Customer Data

You retain ownership of all data uploaded to our platform. We process this data solely to provide our Services as described in our Privacy Policy.

6.2 Data Security

We implement industry-standard security measures to protect your data, including encryption, access controls, and secure infrastructure.

6.3 Data Backup and Recovery

We maintain regular backups of customer data and provide disaster recovery capabilities with 99.9% uptime SLA for paid plans.

6.4 Data Export

You may export your data at any time through our platform's export features or by contacting support.

7. Acceptable Use Policy

You agree not to use our Services to:

Violate any applicable laws or regulations
Infringe on intellectual property rights
Upload malicious code or conduct security attacks
Reverse engineer or attempt to extract our source code
Use the service for unauthorized commercial purposes
Share account credentials with unauthorized users
Interfere with other customers' use of the Services

8. Intellectual Property

8.1 Our IP

The Services, including software, algorithms, and documentation, are owned by Zenith Fleet and protected by intellectual property laws.

8.2 Customer IP

You retain ownership of your data and content. By using our Services, you grant us a limited license to process your data to provide the Services.

8.3 Feedback

Any feedback or suggestions you provide may be used by us without compensation or attribution.

9. Service Level Agreement (SLA)

9.1 Uptime Guarantee

Free Trial: Best effort, no SLA
Basic Plan: 99.5% monthly uptime
Enterprise Plan: 99.9% monthly uptime

9.2 Support Response Times

Free Trial: Email support, 72-hour response
Basic Plan: Priority support, 24-hour response
Enterprise Plan: Dedicated support, 4-hour response

9.3 Service Credits

For verified downtime exceeding SLA thresholds, we provide service credits equal to 10% of monthly fees per day of downtime.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED
CUSTOMER DATA BACKUP AND SECURITY REMAIN YOUR RESPONSIBILITY

11. Indemnification

You agree to indemnify and hold harmless Zenith Fleet from claims arising from:

Your use of the Services in violation of these Terms
Your violation of applicable laws or third-party rights
Your data or content uploaded to the platform
Unauthorized use of your account

12. Termination

12.1 Termination by Customer

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

12.2 Termination by Zenith Fleet

We may terminate your account for:

Violation of these Terms
Non-payment after notice and cure period
Illegal or harmful use of the Services
Extended inactivity (free accounts only)

12.3 Effect of Termination

Upon termination, your access will cease, and data may be deleted after 90 days unless legally required to be retained longer.

13. Force Majeure

Neither party shall be liable for delays or failures due to causes beyond their reasonable control, including natural disasters, government actions, cyber attacks, or infrastructure failures.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by Portuguese law and applicable EU regulations.

14.2 Dispute Resolution

Disputes shall be resolved through:

Good faith negotiation
Mediation if negotiation fails
Arbitration under Portuguese arbitration rules

14.3 Jurisdiction

For matters not subject to arbitration, Portuguese courts shall have exclusive jurisdiction.

15. EU Consumer Rights

If you are an EU consumer, you have additional rights under EU consumer protection laws, including:

14-day cooling-off period for online purchases
Right to withdraw from contracts
Warranty and guarantee protections
Access to alternative dispute resolution

16. Compliance and Regulatory

16.1 GDPR Compliance

Our data processing complies with GDPR requirements. See our Privacy Policy for details.

16.2 Security Standards

We implement industry-standard security practices and regularly review our security measures to protect customer data.

16.3 Export Control

The Services may not be exported or used in countries subject to trade restrictions.

17. Modifications to Terms

We may update these Terms periodically. Material changes will be communicated via email with 30 days' notice. Continued use after changes constitutes acceptance.

18. Severability and Entire Agreement

If any provision is deemed invalid, the remaining provisions remain in effect. These Terms, together with our Privacy Policy, constitute the entire agreement between the parties.

19. Contact Information

For questions about these Terms:

Legal Team: legal@zenithfleet.com
Support: support@zenithfleet.com
Business Inquiries: contact@zenithfleet.com

19.1 Company Information

Zenith Fleet
[Company Address - Portugal]
[Tax ID/VAT Number]
Email: legal@zenithfleet.com

20. Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.