1. Agreement to Terms
These Terms of Service (the “Terms”) govern your access to and use of the website located at https://www.zenline.ch, together with any related subdomains and online resources made available by Zenline (collectively, the “Site”). The Site is operated by Zenline AG (“Zenline”, “we”, “us”, or “our”), a Swiss stock corporation (Aktiengesellschaft) with its registered office at Pfingstweidstr. 106e, 8005 Zürich, Switzerland.
By accessing or using the Site, you (“you” or “User”), whether personally or on behalf of an entity, confirm that you have read, understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.
B2B only; no consumer services. Zenline provides its products and services on a business-to-business (B2B) basis only. The Site is intended solely for use by businesses, their employees, and authorized representatives for legitimate business purposes. The Site does not offer consumer accounts, public user registration, self-service subscriptions, or online purchasing. If you are a consumer acting outside of any trade, business, craft, or profession, you are not an intended user of the Site.
Relationship to commercial agreements. All Zenline products and services are provided exclusively under a separately negotiated and executed Master Subscription Agreement (“MSA”) and corresponding Order Form signed between Zenline and the respective business customer. These Terms govern only your use of the public Site and do not create any right to access or use Zenline’s products or services. In the event of any conflict between these Terms and an MSA or Order Form with respect to their subject matter, the MSA or Order Form controls for the services it covers.
Changes to these Terms. We may make changes or modifications to these Terms at any time and for any reason, subject to applicable law. We will indicate material changes by updating the “Last updated” date of these Terms. Your continued use of the Site after such changes become effective constitutes your acceptance of the revised Terms.
Jurisdictional scope. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Zenline to any registration requirement. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
Age. The Site is intended for users who are at least 18 years old.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is the proprietary property of Zenline and all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and product information on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Zenline or licensed to us, and are protected by Swiss, European Union, and international copyright, trademark, and other intellectual property and unfair competition laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access the Site and to view, download, or print a reasonable portion of the Content solely for your internal business evaluation of Zenline’s offerings. No other use is permitted without our express prior written consent. Except as expressly permitted in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited without our prior written permission. We reserve all rights not expressly granted to you.
3. User Representations
By using the Site, you represent and warrant that: (1) you are accessing the Site in your capacity as a business, employee, or authorized representative of a business, and for legitimate business purposes; (2) you have the legal capacity and authority to agree to these Terms; (3) you are at least 18 years old; (4) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted by Zenline in writing; (5) you will not use the Site for any illegal or unauthorized purpose; and (6) your use of the Site will not violate any applicable law or regulation, including Swiss, European Union, or other applicable export, sanctions, or data-protection laws.
4. Prohibited Activities
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Zenline.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person, or to target Zenline employees or agents.
- Use the Site in a manner inconsistent with any applicable law or regulation, or engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other malicious code, or material that interferes with the operation, integrity, or availability of the Site.
- Engage in any automated use of the Site, including scraping, data mining, or using robots, spiders, or similar data-gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Except as permitted by applicable mandatory law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion thereof.
- Use the Site or any Content (including any outputs of artificial intelligence or machine learning components demonstrated on the Site) to train, develop, benchmark, or improve any product or service that competes with Zenline.
- Use the Site for any revenue-generating endeavor or commercial enterprise not expressly authorized by Zenline in writing.
- Impersonate another person or misrepresent your affiliation with any person or entity.
5. Submissions and Feedback
The Site does not host user-generated content for public display. You may, however, submit information to Zenline via contact forms, demo or sales inquiry forms, newsletter sign-up, or similar channels on the Site (any such submission, a “Submission”). Personal data contained in Submissions is processed in accordance with the privacy notice available at https://www.zenline.ch/privacy-notice.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other non-personal information you provide to Zenline regarding the Site or Zenline’s products or services is non-confidential, and that Zenline shall be entitled to the unrestricted use and dissemination of such feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent permitted by applicable law, you waive all moral rights to such feedback, and you warrant that any such feedback is original with you or that you have the right to submit it. You represent that any Submission will be accurate, will not infringe any third-party rights, and will not contain unlawful or objectionable content.
6. Site Management and Termination of Access
Zenline reserves the right, but not the obligation, to (a) monitor the Site for violations of these Terms; (b) take appropriate legal action against anyone who, in its sole discretion, violates the law or these Terms, including reporting such user to law enforcement authorities; (c) restrict, limit, or deny access to the Site (including by blocking IP addresses) in its sole discretion; and (d) otherwise manage the Site in a manner designed to protect its rights and property and to facilitate the proper functioning of the Site.
Zenline may deny access to the Site at any time, without notice or liability, to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.
7. Modifications and Interruptions
Zenline reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at its sole discretion without notice, and to modify or discontinue all or part of the Site at any time. Zenline will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
Zenline cannot guarantee the Site will be available at all times. The Site may be affected by hardware, software, or other problems or maintenance, resulting in interruptions, delays, or errors. You agree that Zenline has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms obligates Zenline to maintain or support the Site.
8. Governing Law
These Terms, and any dispute arising out of or in connection with them or the Site, shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9. Dispute Resolution
Informal negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (a “Dispute”), Zenline and you agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any court proceedings, except for Disputes set out under “Exceptions” below. Informal negotiations commence upon written notice from one party to the other at the contact addresses set forth in Section 17.
Jurisdiction and venue. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be exclusively submitted to the competent courts of the City of Zürich, Canton of Zürich, Switzerland. Each party irrevocably consents to the jurisdiction of such courts and waives any objection to venue or forum non conveniens.
Exceptions. The following Disputes are not subject to the informal-negotiation requirement and may be brought directly before the competent courts: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) any Dispute relating to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any application for injunctive or other interim relief.
10. Corrections
The Site may contain typographical errors, inaccuracies, or omissions, including in descriptions, product details, and availability. Zenline reserves the right to correct any such errors, inaccuracies, or omissions, and to change or update information on the Site, at any time without prior notice.
11. Disclaimer
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ZENLINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZENLINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.
AI DEMONSTRATIONS AND OUTPUTS. ANY DEMONSTRATIONS, PREVIEWS, OR OUTPUTS GENERATED BY ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING COMPONENTS ACCESSIBLE VIA THE SITE ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY, MAY BE INACCURATE OR INCOMPLETE, AND DO NOT REFLECT THE PERFORMANCE, ACCURACY, OR SCOPE OF ZENLINE’S PRODUCTS DELIVERED UNDER A COMMERCIAL AGREEMENT. SUCH OUTPUTS DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON FOR BUSINESS, COMMERCIAL, LEGAL, FINANCIAL, OR OPERATIONAL DECISIONS.
ZENLINE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZENLINE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ZENLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZENLINE’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED SWISS FRANCS (CHF 100). FOR THE AVOIDANCE OF DOUBT, THIS SECTION DOES NOT LIMIT LIABILITY UNDER ANY MSA OR OTHER COMMERCIAL AGREEMENT, WHICH IS GOVERNED BY ITS OWN LIABILITY PROVISIONS. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE MANDATORY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT UNDER SWISS LAW.
13. Indemnification
You agree to defend, indemnify, and hold Zenline harmless, including its affiliates and its and their respective officers, agents, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including intellectual property rights or rights under applicable data-protection law. Zenline reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Zenline, and you agree to cooperate with such defense.
14. User Data and Privacy
Zenline processes personal data collected via the Site (including via contact forms, demo requests, and similar channels) in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Details regarding the categories of personal data processed, the purposes and legal bases of processing, data recipients, international transfers, retention periods, and your data-subject rights are set forth in our privacy notice available at https://www.zenline.ch/privacy-notice.
15. Electronic Communications
Visiting the Site, sending Zenline emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from Zenline relating to your use of the Site, and you agree that all notices, disclosures, and other communications Zenline provides to you electronically (via email or on the Site) satisfy any legal requirement that such communication be in writing, to the extent permitted by applicable law. This provision does not override mandatory form requirements under Swiss law (including the Swiss Federal Act on Electronic Signatures (ZertES)) for transactions that legally require a qualified electronic signature or written form, which, in any event, are handled under a separately executed MSA or other written commercial agreement and not via the Site.
16. Miscellaneous
These Terms, together with any legal notices and policies published by Zenline on the Site (such as the privacy notice), constitute the entire agreement between you and Zenline with respect to use of the Site, and are without prejudice to any MSA or other commercial agreement that governs specific Zenline services. Zenline’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver. Zenline may assign any or all of its rights and obligations under these Terms to others at any time. Zenline shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you and Zenline.
17. Contact Us
For questions regarding the Site or these Terms, or to send a notice required under these Terms, please contact us at:
Zenline AG
Pfingstweidstr. 106e
8005 Zürich, Switzerland
General: hello@zenline.ch
Privacy: privacy@zenline.ch
Legal: legal@zenline.ch