These Terms of Service govern access to the Zerith website, ZECO AI and other digital services, together with general use of Zerith content and services where no separate signed agreement applies.
1. About these terms
These terms apply to https://www.zerith.uk/ and to services, content, communications, software, workspaces, dashboards, AI-assisted features and other offerings made available by Zerith Building Performance Limited ("Zerith", "we", "us" or "our").
Zerith Building Performance Limited is registered in England and Wales under company number 16835050, with registered office at 35 The Crescent, Woodthorpe, Nottingham, England, NG5 4FX.
By using the website or accessing a Zerith digital service, you agree to these terms. If you use the services on behalf of an organisation, you confirm that you are authorised to act for that organisation.
2. Relationship with other agreements
These terms apply unless a separate written agreement says otherwise. Consultancy projects, ZECO AI subscriptions, pilots, professional assessments, data processing, confidentiality arrangements and other paid engagements may be governed by additional terms.
If there is a conflict, the signed proposal, order form, statement of work, subscription agreement or other written contract will prevail for that specific engagement.
3. Zerith services
Zerith provides engineering-led energy, compliance and building-performance services supported by ZECO AI. Depending on scope, services may include energy compliance, energy analysis and optimisation, building-performance consultancy, multi-site energy management, Net Zero strategy, construction and infrastructure advisory, and related professional support.
ZECO AI is intended to provide a common energy-intelligence and compliance environment for organisation, site, energy, evidence, analysis, opportunity and reporting workflows. Features may support areas such as ESOS, SECR, CCA, ISO 50001 and broader energy-performance activity.
Some website descriptions may refer to functionality that is under development, available only to selected users, or supplied as a pilot, preview or beta service. Website descriptions are not binding delivery commitments unless they are included in a signed agreement.
4. Business use and eligibility
The website and services are intended primarily for business, professional, public-sector and institutional users. They are not designed as consumer services.
You must not use the services where doing so would breach applicable law, sanctions, export controls or another legal restriction, or where you are not authorised to act for the organisation whose data or account you are using.
5. Accounts and access
Some ZECO AI services or client workspaces require an account. You are responsible for keeping your credentials secure, ensuring account information is accurate, using access only for authorised purposes and notifying Zerith promptly if you suspect unauthorised access.
Zerith may suspend or restrict access where reasonably necessary to protect security, preserve client or platform integrity, prevent misuse, comply with law or enforce these terms or another agreement.
6. Acceptable use
You must use the website and services lawfully and responsibly. In particular, you must not:
- upload malware, harmful code, unlawful or infringing material, confidential information you are not authorised to disclose, or personal data you are not authorised to process;
- attempt to bypass security controls, permissions, usage limits, rate limits or technical restrictions;
- reverse engineer, decompile, scrape, copy or extract data or software except to the extent expressly permitted by law or a written agreement;
- interfere with the service, another user's account, a client workspace or Zerith infrastructure;
- misrepresent Zerith reports, outputs, certifications, compliance status, savings estimates, energy or carbon claims, or the status of AI-assisted findings;
- use the service to make public benchmarks of Zerith technology or to build a competing product from proprietary functionality without written permission; or
- use the services in a way that breaches data protection, intellectual property, anti-bribery, sanctions, environmental, regulatory or other applicable law.
7. Consultancy and professional deliverables
Zerith provides engineering, energy, compliance and technical consultancy using professional judgement, available data, agreed methodologies and the scope set out in the relevant engagement.
Unless expressly agreed in writing, Zerith does not provide legal, tax, investment, insurance or financial advice. Where Zerith provides a specific accredited or professional assessment, review or sign-off, the scope of that responsibility will be defined in the relevant contract.
Energy performance, engineering analysis, savings estimates, decarbonisation pathways, compliance assessments and implementation outcomes depend on the quality and completeness of available data, site conditions, operational behaviour, assumptions, client decisions and other factors. Unless a signed agreement expressly states otherwise, Zerith does not guarantee a particular saving, payback, regulatory outcome, certification, investment result or operational improvement.
8. ZECO AI and AI-assisted features
ZECO AI may include data ingestion and validation, dashboards, analysis, calculation services, document intelligence, AI-assisted findings, opportunity development, workflow support, report drafting and related functionality.
- Pilot, preview or beta features may be incomplete, change over time or be unavailable temporarily.
- AI-assisted outputs may contain errors, omissions, uncertainty, false positives or false negatives and must be reviewed in the context of the underlying data and evidence.
- Compliance-critical arithmetic and other controlled calculations may be produced by defined calculation or rules services rather than by a generative AI model.
- AI-assisted findings, narratives and opportunity hypotheses are decision-support outputs. They do not replace qualified engineering, compliance, legal or management judgement.
- Usage, storage, user, API, support or service-level limits may be defined in the relevant order form or subscription agreement.
9. Client data and uploaded content
You retain ownership of data, documents, files, energy records, site information, evidence, comments, images and other content that you or your authorised users provide to Zerith, subject to the rights granted in the relevant agreement.
You grant Zerith a limited right to host, copy, process, transmit, analyse, display, secure, back up and otherwise use that content as necessary to provide the services, perform agreed analysis, generate outputs, provide support, comply with law and enforce agreements.
Unless a signed agreement says otherwise, Zerith may use aggregated or de-identified information derived from service usage to improve methods, workflows, quality assurance, product performance and internal business reporting, provided that the information does not identify the client, individual users, confidential project details or protected locations.
You are responsible for ensuring that you have the rights, permissions and lawful basis necessary to provide data to Zerith, including personal data, third-party confidential information, site information, meter or BMS data, documents and other protected material.
10. Intellectual property
Zerith and its licensors retain all rights in the Zerith and ZECO brands, website, software, platform, user experience, source code, workflows, algorithms, models, templates, methods, documentation, engineering know-how, generic tools and other pre-existing or independently developed intellectual property.
Rights in project-specific deliverables are governed by the relevant proposal, statement of work or other signed agreement. Unless that agreement says otherwise, no ownership in Zerith's background technology, reusable methods or platform intellectual property transfers to the client.
You must not remove copyright notices, attribution, disclaimers or technical notices from Zerith materials unless you have written permission.
11. Confidentiality
Each party may receive confidential information from the other. Confidential information must be protected with reasonable care and used only for the purpose for which it was disclosed.
Confidentiality obligations do not apply to information that is public through no breach, was already lawfully known without restriction, is independently developed, is lawfully received from a third party, or must be disclosed by law, court order or regulator. A separate NDA or signed agreement may impose additional or different confidentiality obligations.
12. Fees, payment and taxes
Fees, payment milestones, subscription charges, expenses, taxes, cancellation terms and payment dates will be stated in the applicable proposal, order form, statement of work, invoice or signed agreement.
Unless stated otherwise, fees are exclusive of VAT and other applicable taxes and are payable in the currency stated on the invoice. Zerith may suspend work, withhold deliverables or restrict platform access where undisputed invoices are overdue, subject to the relevant contract and applicable law.
13. Third-party services and integrations
Zerith services may use or connect to third-party cloud services, data sources, authentication providers, AI services, mapping or weather data, meter or BMS systems, document tools, payment services and other integrations.
Third-party services are subject to their own terms, licences, availability and privacy practices. Unless a signed agreement states otherwise, Zerith is not responsible for third-party outages, changes, pricing, licence restrictions or inaccuracies outside Zerith's reasonable control.
14. Website content, estimates and no reliance
Website content is provided for general information about Zerith's capabilities and services. Case studies, examples, savings figures, platform illustrations and estimated benefits may depend on the scope, data, site conditions, client implementation and assumptions described in the relevant context.
Website content should not be treated as legal, financial, investment or project-specific engineering advice. You should obtain advice appropriate to your own circumstances before making material decisions.
15. Data protection
Zerith processes personal data in accordance with its Privacy Policy. Where Zerith processes personal data on behalf of a client, the parties should put appropriate data processing terms in place before that processing begins. Each party remains responsible for its own obligations under applicable data protection law.
16. Compliance and responsible use
You remain responsible for complying with the laws, professional standards, reporting requirements and internal controls that apply to your organisation and your use of the services.
You must not use Zerith services or outputs to misrepresent, overstate or falsely certify regulatory compliance, energy savings, carbon reductions, Net Zero progress, building performance or other environmental outcomes.
17. Warranties and disclaimers
Zerith will use reasonable skill and care in providing professional services. Except as expressly stated in a signed agreement and to the fullest extent permitted by law, the website, general content, pilot or beta functionality, platform features, analytics and AI-assisted outputs are provided on an 'as is' and 'as available' basis.
Zerith does not warrant uninterrupted availability, error-free operation or absolute accuracy where outcomes depend on third-party data, client-supplied data, integrations, assumptions or factors outside Zerith's reasonable control.
18. Limitation of liability
To the fullest extent permitted by law, Zerith will not be liable for indirect or consequential loss, loss of profit, revenue, goodwill, anticipated savings, business opportunity or data, or for regulatory, certification, financing or investment outcomes arising from use of the website or services.
Unless a signed agreement states otherwise, Zerith's aggregate liability arising out of or in connection with the website, services or these terms will be limited to the fees paid by the client to Zerith for the relevant service giving rise to the claim in the 12 months before the event giving rise to liability, or £10,000, whichever is lower.
Nothing in these terms excludes or limits liability where it cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
19. Indemnity
You agree to indemnify Zerith against third-party claims, losses, liabilities and reasonable costs arising from your material breach of these terms, misuse of the services, unlawful disclosure of data, infringement of third-party rights or use of outputs in a manner contrary to these terms, except to the extent the claim was caused by Zerith's own breach or negligence.
20. Suspension and termination
Zerith may suspend or terminate access to an account, workspace or service if you materially breach these terms or another applicable agreement, fail to pay undisputed amounts when due, create a material security or legal risk, misuse the service, infringe rights, or where suspension is required by law or a third-party provider.
On termination, access to the relevant service ends. Data export, retention, deletion and transition arrangements will be handled in accordance with the applicable agreement, data processing terms and law.
21. Publicity and use of names
Zerith will not use a client's name, logo or non-public project details for public marketing without permission, unless the relevant information is already public or a signed agreement permits that use.
You must not use Zerith's name, ZECO brand, logos, reports, screenshots or outputs in a way that implies endorsement, certification, regulatory approval or a result that Zerith has not approved.
22. Events outside reasonable control
Zerith is not responsible for delay or failure caused by events outside its reasonable control, including utility or internet failures, cyber incidents, third-party service outages, industrial action, natural events, government action, regulatory change, supply-chain disruption, illness, travel or site-access restrictions, or other circumstances that materially prevent delivery.
23. Changes to these terms
We may update these terms from time to time. The date at the top shows when they were last updated. Material changes may be notified through the website, platform, email or another appropriate method.
Changes to these website terms do not override an existing signed agreement unless that agreement permits the change.
24. Governing law and disputes
These terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales, unless a signed agreement states otherwise.
Subject to any mandatory rights that apply, the courts of England and Wales have exclusive jurisdiction over disputes arising from these terms.
25. Contact
Questions about these terms can be sent to:
35 The Crescent
Woodthorpe
Nottingham
England
NG5 4FX
Email: info@zerith.uk
Website: https://www.zerith.uk/