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Terms of Service

Last updated: 27 June 2026

⚠️ This template content is published for transparency. The contractually binding version is the one signed with Procapita Management Consulting Group. For executable agreements, contact legal@pro-capita.com.
The authoritative version of this document is the English text. Translations are provided for convenience.

1. Acceptance

These terms govern your use of Zenithr Perform (the "Service") operated by Procapita Management Consulting Group. By signing in to the Service you agree to these terms and our Acceptable Use Policy.

2. Access and accounts

The Service is provided to organisations under a signed order form. End-user access is granted through your organisation's administrator. You are responsible for safeguarding your credentials and for activity that occurs under your account.

3. Customer data

Customer data remains the property of the customer. We process customer data only as described in the order form, this agreement, and our Data Processing Addendum.

4. Fees

Fees, billing terms and modules are set out in the order form. Late payment may result in suspension of access.

5. Confidentiality

Each party will protect the other's confidential information using at least the same care it uses for its own, and not less than reasonable care.

6. Intellectual property

We retain all rights to the Service, including its underlying software, AI models, configurations and methodologies. You retain all rights to your customer data and to your configurations.

7. Warranties and disclaimer

The Service is provided on an "as is" and "as available" basis. We disclaim implied warranties to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free.

8. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special or punitive damages. Each party's aggregate liability is capped at the fees paid in the 12 months preceding the claim.

9. Term and termination

The agreement runs for the subscription term in the order form. Either party may terminate for uncured material breach. On termination, we will export and delete customer data per the DPA.

10. Governing law and jurisdiction

These terms are governed by the laws of England & Wales. The parties submit to the exclusive jurisdiction of the courts of London, United Kingdom.

11. Contact

Legal notices: legal@pro-capita.com.