ZEUS Acceptable Use Policy
- Version
- 1.0
- Effective
- 2024-04-01
- Last updated
- 2024-04-01
- Publisher
- Omni Data Tech Inc., an Ontario corporation, 3601 Highway 7 East, Suite 1006, Markham, Ontario, L3R 0M3, Canada ("Zeus", "we", "us"), publisher of the Zeus software ("Services").
- Canonical location
- https://fieldzeus.com/legal
This Acceptable Use Policy ("AUP") is incorporated by reference into the Zeus Global Terms of Service and, for enterprise customers, the Enterprise Master Subscription Agreement. It binds the Customer, every Authorized User, and every Invited User (together, "you"). Capitalized terms not defined here have the meanings given in the Terms and the defined-terms register of the Agreement. This AUP has tier-3 precedence for its subject matter under the Agreement's precedence ladder.
1. Scope, Incorporation, Acceptance and Effect of Violation
Incorporation and acceptance. This AUP is part of the Terms and of every agreement that incorporates the Terms. By accessing or using any part of the Services, signing in through a third-party identity provider, or continuing to use the Services after this AUP is posted or updated, you agree to this AUP; your continued use of or access to the Services is conclusive acceptance of the then-current version of this AUP. Invited Users are directly bound by this AUP, including its enforcement and liability provisions, upon first access. If you do not agree to this AUP, your sole remedy is to stop using the Services.
Business use only; lawful purposes. The Services are offered solely for business and professional use by field-service and construction businesses and not for personal, family, or household purposes. You agree to use the Services only for lawful business purposes within the Field of Use, and you represent on an ongoing basis that your use of the Services is lawful in every jurisdiction from which you access them.
Violation is automatic material breach; strict responsibility. Any violation of this AUP by the Customer, by any Authorized User or Invited User, or by any other person who gained access to the Services through the Customer or through credentials or links the Customer controls, is automatically a material breach of the Terms and of every agreement that incorporates this AUP. Every customer and user agrees to abide by this AUP and is responsible for any violations; you must not assist or engage others in a way that would violate this AUP. The restrictions in this AUP apply regardless of your intent and whether you act intentionally or unintentionally. Every violation by an Authorized User, Invited User, or facilitated third party is deemed a violation by the Customer.
Non-exhaustive list; Zeus determinations. The categories of prohibited conduct and content listed in this AUP are intended to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and must not be interpreted as such. Whether any material, conduct, or use is inappropriate, objectionable, or otherwise violates this AUP is determined by Zeus in its sole discretion, including but not limited to the categories listed in this AUP.
2. Prohibited Conduct
You must not, and must not permit or assist any person to, engage in any of the following. Each item applies to every Zeus surface (mobile and web applications, sites, APIs, sync interfaces, tokenized links, documents, and messaging features).
Unlawful, fraudulent, and infringing conduct. You must not use the Services for the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation. Without limiting the foregoing, you must not: (a) engage in unlawful activity or store or share content promoting illegal conduct; (b) use the Services for unauthorized, unlawful, or fraudulent purposes, or for committing or furthering fraudulent acts or any acts that would give rise to civil or criminal liability; (c) send or store infringing, obscene, threatening, defamatory, or otherwise unlawful or tortious material, including material violating third-party privacy or intellectual-property rights; or (d) upload Customer Content that infringes any intellectual-property right of any third party, is obscene or defamatory of any person, or violates the laws or regulations of any state that has jurisdiction over the activity.
Spam, phishing, doxxing, malware, and interference. You must not: (a) use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing", or unsolicited mass distribution of email or messages; (b) publish personal or confidential information of any person that is not publicly accessible without that person's explicit consent; (c) introduce, transmit, or store malware, viruses, or other harmful code; or (d) damage, disable, impair, overburden, or interfere with the Services, their systems, or any other party's use of the Services.
Content standards; unlawful imagery; content responsibility. You must not post or upload materials that Zeus finds obscene, indecent, or offensive.
Customer Content — including all photos, videos, plans, and media captured or uploaded through the Services — must not contain infringing, obscene, threatening, or otherwise unlawful or tortious material, including material that violates privacy rights or disrupts the performance of the Services. You, and not Zeus, are fully responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Customer Content, for obtaining all rights in Customer Content that Zeus requires to provide the Services under the content license granted in the Terms, and for the removal or lawful handling of personal or identifying information appearing in any imagery you capture, including imagery of your Clients' property, occupants, workers, and bystanders. You are responsible for moderating user-generated content and user activity on any surface you control, including content your Clients or Invited Users submit through shared jobs and tokenized links.
No resale, sublicensing, service bureau, or seat pooling. Except as expressly permitted by the Agreement, you must not: (a) resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, assign, or provide access to or use of the Services to any third party in any medium whatsoever; (b) directly or indirectly use the Services for timesharing or service-bureau purposes or for third-party benefit, except as specifically authorized; (c) sell, resell, license, disclose, divulge, exploit, or otherwise make the Services available in whole or in part to any third person other than Authorized Users of your own Workspace; (d) repackage, resell, or sublicense any leads or data accessed through the Services; (e) share credentials, or share account data to reduce the number of licenses or seats required; or (f) employ any hardware, software, device, or technique to pool connections or reduce the number of devices or users that directly access or use the Services.
Competitive use, benchmarking, and monitoring. The Services may not be accessed for purposes of monitoring or evaluating the availability, performance, functionality, or security of the Services; benchmarking; or analysis for comparative purposes. You must not use the Services to compete with Zeus in any way; copy or use the information, content, or data on the Services in connection with a competitive service (as determined by Zeus); or access the Services in order to build a competitive product or service or a product or service using similar ideas, features, functions, or graphics.
Fair use; excessive and not-good-faith use. Use of the Services is subject to the Plan Limits published or communicated by Zeus from time to time stated on the pricing page or in the Documentation. You must not misuse or otherwise use the Services in an excessive manner compared to the anticipated standard of use, examined at Zeus's sole discretion, including sending an unreasonably large volume of requests, network traffic, or application requests through the Services or using the Services in any manner that consumes an unreasonable amount of Zeus's computing resources. Use that is not a good-faith use of the Services — including patterns designed to evade Plan Limits or fees — is prohibited. Zeus may throttle, suspend, limit, charge additional fees for, or terminate excessive, abusive, fraudulent, illegal, high-risk, or abnormal usage.
Third-Party Services and directory conduct. When you enable or use any Third-Party Services in connection with the Services, you are solely responsible for all third-party fees and for compliance with all applicable third-party terms and policies; each Third-Party Service provider is independent of Zeus and may charge you fees in addition to what you pay Zeus. If Zeus makes any supplier catalogue, directory, listing, or integration gallery available, your dealings with listed parties are solely between you and them: Zeus is not a party to contracts between you and listed parties, does not supervise, control, warrant, guarantee, endorse, or assume responsibility for their work, services, pricing, payments, disputes, warranties, or delays, and in no event will Zeus have any liability to you, your Authorized Users, or any third party for participation in any such catalogue or directory. You must conduct your own due diligence on any listed party.
Duty to police Authorized Users and Invited Users. The Customer must notify its Authorized Users and Invited Users of the terms of the Agreement and this AUP, must ensure that they comply with this AUP, and accepts liability for any user's breach. Any violation of this AUP by an Authorized User or Invited User is deemed a violation by the Customer.
Disparagement and abusive conduct. You must not use the Services in any manner to disparage Zeus or its Affiliates, post anything through the Services contrary to Zeus's public image, goodwill, or reputation, or act in a manner that is abusive or disrespectful toward a Zeus employee, partner, or other Zeus customer. Conduct prohibited by this clause is a breach of this AUP.
Infringement complaints; repeat infringers. Copyright and other intellectual-property complaints are handled under the Zeus Copyright and Intellectual Property Policy, which this AUP incorporates by reference. Zeus reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion, and to terminate, at its sole discretion, the account or access of any user who is the subject of infringement notifications.
Payment-conduct rules. Zeus does not process payments between you and your clients today, so this Policy states no payment-risk, restricted-business or processor-list rules. If and when Zeus makes payment-processing features available, payment-conduct acceptable-use rules will be published before those features go live, and your use of them will be subject to those rules and to the payment processor's own restricted-business terms.
3. Regulated and Prohibited Data
Prohibited Data ban. Unless expressly agreed in writing by Zeus, you must not use the Services to upload, store, process, transmit, import, or transfer any Prohibited Data, including: (a) data regulated by the HIPAA Privacy Rules or the PCI Data Standards; (b) sensitive financial information, including credit or payment card numbers; health, medical, or pharmaceutical information; government-issued identification numbers, including Social Security Numbers and Social Insurance Numbers; or data relating to minors; (c) content involving facial recognition or any biometric information; (d) any national or state secret, classified information, controlled unclassified information, export-controlled information, or any other information or material (including photos, drawings, specifications, models, or other construction documents) subject to official confidentiality treatment; and (e) personal data placed in free-form fields not designed to collect it. You represent and warrant that Customer Content will not include any Prohibited Data except as permitted by clause 3.2.
Platform-feature carve-out; written authorization. The Prohibited Data ban does not apply to data categories that the Services are expressly designed to collect as intended platform features — including clock-in/out location snapshots, photo capture-time and GPS metadata, and signature images — provided such collection is enabled and used in accordance with Section 7. In all other cases, you may submit a category of otherwise Prohibited Data only where expressly authorized by Zeus in writing and permitted by the applicable product documentation, or where the data is specifically requested by, or strictly required for use of, the Services.
Own-risk submission; no duty to classify.
If you submit Prohibited Data in violation of this Section, you do so entirely at your own risk, and, to the maximum extent permitted by applicable law, the Zeus Parties have no liability of any kind arising out of or relating to Prohibited Data submitted to the Services. You acknowledge that Zeus does not assess the type or substance of Customer Content to identify whether it is personal information, Prohibited Data, or subject to any specific legal requirement, and Zeus has no duty to classify, screen, or police data you upload.
4. High-Risk Uses and Professional Reliance
Field of Use; out-of-scope waiver. The Services are business-management software for field-service and construction contractors (the "Field of Use").
To the maximum extent permitted by applicable law, you waive any and all warranty and liability claims and remedies resulting from your use of the Services outside the Field of Use. High-Risk Use prohibition.
You must not use the Services for any High-Risk Use — any activity in which the use or failure of the Services could lead to death, bodily injury, damage to personal property, or environmental damage. Without limiting the foregoing, you must not use the Services for emergency dispatch, life-safety systems, critical infrastructure, medical decisions, legal decisions, engineering decisions, structural-safety decisions, or other high-risk uses. No emergency use; no professional-advice reliance.
You are prohibited from using, or permitting access to use, the Services to make emergency calls, to provide or seek emergency services, or in any emergency scenario, for purposes of seeking any legal, medical, or tax advice, or otherwise for any purposes other than the express purposes authorized by the Agreement. Nothing in the Services is, or may be relied on as, professional advice of any kind.
Machine-Generated Output reliance rules. The Services include receipt-scan OCR that produces Machine-Generated Output (parsed supplier, amount, tax, and category drafts) using Zeus's own self-hosted processing.
You must not rely solely on Machine-Generated Output and must ensure that a human reviews and confirms all relevant output before any business, tax, invoicing, or other professional use. You must not use Machine-Generated Output — or, if and when Zeus makes any AI feature available, any AI output — in high-risk or safety-critical scenarios without independent validation, and you may not rely on any such output as legal, tax, accounting, financial, insurance, medical, safety, engineering, architectural, code-compliance, permit, employment, or other professional advice.
5. Scraping, Automated Access, AI Ingestion and API Abuse
Reverse engineering. Except to the extent expressly permitted by non-waivable applicable law, and then only on prior written notice to Zeus, you must not decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code, object code, or non-literal aspects (including underlying structure, sequence, organization, file formats, non-public APIs, ideas, know-how, and algorithms) of any part of the Services, including the Mobile Application, for any purpose, and you must not attempt or assist anyone else to do so.
Scraping and automated access. You may access the Services only through the interfaces Zeus provides (which include Zeus's own mobile clients, its browser-based web application at app.fieldzeus.com, and its first-party sync interfaces). You must not: (a) monitor, copy, scan, review, index, mirror, ping, or validate the Services via robot, spider, or other automatic software or device, process, approach, or methodology, manual or otherwise; (b) develop, support, or use software, devices, scripts, robots, browser plugins, add-ons, AI agents, robotic process automation, or any other means or processes (including manual work) to scrape, mine, harvest, or systematically acquire any content of the Services; or (c) apply systems to extract or modify information in the Services using technology or methods commonly referred to as "web scraping," "data scraping," or "screen scraping," including automated extraction of your own records — exports must go through the export tools Zeus provides.
AI ingestion and model protection.
You must not use or incorporate all or any portion of the Services or Zeus Materials into any large language model, algorithmic software program, data set, artificial-intelligence model, or generative-artificial-intelligence tool, except with Zeus's express prior written permission. You must not attempt to extract, reverse engineer, or replicate any Zeus AI or OCR models or outputs; attempt to reconstruct or infer training data in any AI-based feature; misrepresent any machine-generated output as solely human-generated; or remove, alter, or obscure metadata, digital signatures, or watermarks that identify output as machine-generated. Framing, deep-linking, and re-use of Service information. Except as expressly permitted in the Agreement or otherwise agreed by Zeus in writing, you are prohibited from linking to the Services, framing all or any portion of the Services, and extracting data from the Services, and Zeus may disable unauthorized links or frames. Crawling, scraping, caching, or otherwise accessing any content on the Services via automated means is prohibited except with Zeus's express written consent. You must not copy, use, disclose, or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without Zeus's consent — written consent from Zeus is the sole exception pathway.
Competitor personnel barred. No employee, contractor, consultant, agent, founder, investor, advisor, affiliate, or representative of a company that offers field-service management, construction management, contractor CRM, estimating, invoicing, dispatch, payment, telephony, AI-assistant, marketplace, or related software may access or use the Services, except with Zeus's prior written permission. Any such access without permission is an automatic breach of this AUP, and Zeus is entitled to seek equitable relief in addition to every other remedy.
API and system abuse. Zeus grants no API rights by default. If and when Zeus makes any API, webhook, token, SDK, or integration tooling available, you must not: (a) exceed rate limits, bypass permissions, access unauthorized data, use APIs for competitive purposes, cache data beyond permitted periods, scrape data, resell API access, or interfere with the Services; (b) bypass or attempt to bypass service quotas, rate limits, or system controls, or conduct unauthorized load testing, stress testing, or benchmarking; or (c) access any private or undocumented Zeus API by means other than those expressly permitted by Zeus.
6. Anti-Spam and Messaging Conduct
This Section 6 states the acceptable-use rules for the messaging features of the Services. The full sender-of-record allocation, consent-warranty and messaging-indemnity architecture is in the Zeus SMS, Email and Messaging Terms, which this AUP incorporates by reference for its subject matter.
Messaging-law compliance is yours. You are solely responsible for compliance with all applicable communications, anti-spam, telemarketing and marketing laws, rules, regulations, self-regulatory codes and carrier requirements for every communication you generate, send or facilitate through the Services, including communications sent by your Authorized Users, Invited Users, employees, helpers and contractors. You (and not Zeus) are responsible for ensuring that you meet all legal obligations — including notice, consent, sender identification, prescribed information and unsubscribe mechanisms — for sending communications to individuals in the jurisdictions where those individuals reside, including, as applicable, the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, the Telemarketing Sales Rule, CAN-SPAM, CASL, do-not-call registries and lists, and CTIA and other carrier rules. You must not use the Services to generate or facilitate SMS, MMS or other text messages, emails or push notifications in violation of any applicable law. Statute naming for Australia and New Zealand is carried in the jurisdiction supplements without weakening this clause.
No spam through built-in messaging features. You must not use any of the Services — including any email, SMS-prefill, document-delivery, quote or invoice send, purchase-order, referral, portal-invitation or notification functionality within the Services — to send spam, unsolicited offers, or unsolicited marketing or advertising material, and you must not send outbound marketing messages through the Services except in full compliance with clause 6.1 and the Zeus SMS, Email and Messaging Terms. This clause is in addition to the general spam prohibition in clause 2.2.
No purchased, scraped or rented recipient lists. You must not use the Services to send, or intend to send, any communication to contacts that were purchased, scraped, rented, obtained through unauthorized means, or otherwise acquired without explicit and verifiable consent from the recipients. Jurisdictional statute lanes; law-required content; savings. The obligations in this Section 6 apply in addition to, and are supplemented by, the jurisdiction supplements (the Canada, United States, Australia, and New Zealand Terms Supplements). Nothing in this AUP excludes, restricts or modifies any obligation or right that applicable mandatory law does not permit to be excluded, restricted or modified; all other provisions remain in full force in every other jurisdiction and to every lawful extent. The following jurisdiction-specific obligations are addressed in the supplements.
7. Location and Monitoring Consents
Location-feature notices and consents. You represent and warrant, on an ongoing basis, that you have provided all required notices and obtained all required consents from employees, contractors, subcontractors, Clients, property owners, and other individuals before collecting or processing any location-dependent data through the Services, including clock-in/out location snapshots, photo capture-time and GPS metadata, optional GPS-at-signing coordinates, and address geocoding. You must not enable or use any location-based feature of the Services without the notice and consent required by applicable law; doing so is a violation of this AUP. You acknowledge that you have the necessary consents and rights described above and the right to convey those rights in connection with the Services.
Workforce monitoring; your sole compliance responsibility. You are solely responsible for compliance with all employment laws, workplace-monitoring laws, privacy laws, surveillance laws, and consent requirements that apply to your use of time tracking, clock-in/out location snapshots, assignment data, and activity data about your Workers. Before enabling or using any such feature, you must obtain all requisite approvals and authorizations from your personnel for every purpose necessary in connection with the creation, display, analysis, and distribution of the data collected, and you are solely responsible for providing any required notices to, and obtaining valid and enforceable consents or authorizations from, each and every person affected. Mandatory employee-notice particulars for Canada (including provincial employee-privacy and electronic-monitoring-policy duties) are carried in the Canada supplement without weakening this clause. Your indemnity obligations for monitoring-related claims are stated in Section 11 and the Terms.
Zeus is a conduit; visibility to the Account Owner; always-on audit logging. Worker time, location, and activity data collected through the Services is processed exclusively to provide the Services to the Customer (the business that owns the Workspace) and is visible to the Account Owner and its Administrators; Invited Users are on notice that their use of the Services is visible to the business that invited them, and no Authorized User or Invited User has any expectation that in-tenant data is private from the Account Owner. Activity and audit logging in the Services is always on and cannot be turned off by any user. No warranty of location or field data. Location, time, and field data in the Services may be inaccurate, unavailable, delayed, incomplete, or affected by device settings, permissions, network conditions, user behavior, GPS limitations, or third-party systems. Zeus disclaims all warranties that location, time, or field data will be accurate, available, timely, or complete, and you must not rely on such data for any purpose requiring guaranteed accuracy.
8. Security Conduct, Account Integrity and Vulnerability Disclosure
No security testing or circumvention. You must not probe, scan, or test the vulnerability of the Services or of the systems, networks, or infrastructure underlying the Services, or breach or circumvent any security or authentication measure of any of them. This clause applies in addition to the load-testing, stress-testing, and benchmarking prohibitions in clause 5.6(b). No penetration test, red-team exercise, or other security assessment of the Services is authorized without Zeus's prior written consent.
Credentials, account integrity and security duties. You are responsible for all activity that occurs through your Accounts, including activity by Authorized Users, Invited Users, employees, contractors, subcontractors, agents, administrators, bookkeepers, vendors, or any person who gains access through your credentials, devices, or systems, and you are liable for unauthorized use of your Account. You must: (a) keep all credentials confidential and not share them (see clause 2.4(e)); (b) use best endeavors to prevent any unauthorized access to, or use of, the Services and any information or data contained in or derived from them; (c) notify Zeus promptly of any suspected or actual unauthorized access, use, or credential compromise; and (d) maintain the device-security measures required by the Terms. Zeus is not responsible for losses resulting from the loss or theft of your devices or of information stored on or transmitted from them. Where Zeus makes any security feature optional, you are responsible — meaning Zeus is not liable — for all consequences of declining or disabling it.
Vulnerability reports; non-disclosure until resolution. If you discover or reasonably suspect a security vulnerability or security issue in the Services, you must report it promptly to [email protected] and provide reasonable detail. You agree not to disclose any discovered or reported security issue to any third party until Zeus has addressed it, unless otherwise required by applicable law. When reviewing your report, Zeus's decision is final as to whether Zeus considers your report to be a security issue or not. Reporting a suspected vulnerability does not authorize any testing prohibited by clause 8.1, and no reward, bounty, or acknowledgment is implied by this clause.
9. Export and End-Use Restrictions
Prohibited end uses. You may not use the Services for prohibited end uses, including nuclear, chemical, biological, missile, military, surveillance, or weapons-related purposes prohibited by law. You must not permit any Authorized User, Invited User, or other person who gains access through you to use the Services for any such end use.
Embargoed territories; sanctions representations. You are not authorized to access the Services from any location where doing so would be illegal or would breach applicable export controls, including any country or territory that is subject to an applicable government embargo, and no software from the Services may be downloaded, exported, or re-exported into (or to a national or resident of) any such country or territory. You represent and warrant — for yourself and for every person you allow to access the Services — that you are not located in, organized under the laws of, or ordinarily resident in a sanctioned country or territory, and that you are not listed on any prohibited, restricted, denied, or sanctions list. The full Export Controls, Sanctions and Anti-Corruption provisions of the Terms apply to all use governed by this AUP; the Australia and New Zealand supplements restate these obligations in the formulation applicable there without weakening this clause.
10. Enforcement
Enforcement menu. Zeus may immediately limit, throttle, suspend, disable, restrict, block, or condition your Account, any Authorized User or Invited User, any feature, module, or integration, any messaging functionality, uploads, customer-portal access, sync tokens, Trials, or Free Plan access — in whole or in part, with or without notice, for any reason or no reason in Zeus's sole discretion — including if Zeus knows, believes, or suspects that you are, or that any person who gained access through you is, failing to comply with this AUP, the Terms, or applicable law. Zeus will have no liability to you or to any third party for any damage, liability, or loss (including loss of data or profits), or any other consequence that you may incur as a result of any such action. Zeus may at any time and without notice remove, block, disable, or modify any Customer Content in connection with an actual or suspected AUP violation, and may remove or delete any individual Authorized User or Invited User without liability, in each case in addition to the review and removal rights stated in clauses Section 1.4 and Section 2.3.
Suspension is not breach; fees continue; remedies cumulative. No suspension, limitation, or restriction under this AUP will be deemed a breach of any term of the Agreement by Zeus or give rise to any service credits; fees continue to accrue in full during any suspension, and suspension does not relieve you of your obligation to pay all amounts due. Every right and remedy in this Section 10 is in addition to, and cumulative with, all other rights and remedies available to Zeus under the Agreement, at law, or in equity.
Investigations; reporting to authorities; your duties. Zeus may investigate any actual or suspected violation of this AUP. Zeus may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct, and may cooperate with law enforcement in any resulting investigation. Zeus is not required to notify you before making a report or disclosure where Zeus believes notice could increase risk, interfere with recovery, interfere with an investigation, or violate law. If you become aware of any violation of this AUP by any person — including third parties that have accessed the Services through you — you must inform Zeus without undue delay, and you must cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity. Zeus may close any abuse report without a response if Zeus believes the reported instance does not amount to a violation.
11. AUP-Breach Indemnity
Indemnity for AUP violations. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Zeus Parties from and against any and all actual or threatened claims, suits, and proceedings, and all resulting liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees), arising out of or in connection with: (a) your breach of this AUP; (b) any activity that occurs on or through your Account; and (c) any violation of this AUP by any Authorized User, Invited User, or other person who gained access to the Services through you, whether or not you are personally responsible. This indemnity is in addition to, and is construed together with, the master indemnity in the Terms; it is not conditioned on notice from Zeus; it sits outside any limitation-of-liability cap in the Agreement; and it survives termination of this AUP and the Agreement.
12. General
Survival; severability; waiver; third-party beneficiaries. Sections 3, 4, 8, 10, 11, and 12 of this AUP, clause 7.4, and every other provision that by its nature should survive, survive any termination, expiry, or cancellation of the Agreement, any suspension of the Services, and any nonpayment. If any provision of this AUP is held invalid or unenforceable, that provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law — deemed superseded by a valid, enforceable provision that most closely matches the intent of the original — and the remaining provisions will remain in full force and effect. No failure or delay by Zeus in enforcing any right under this AUP waives that or any other right, and no waiver of any breach waives any subsequent breach; waivers are effective only in a signed writing and only for the instance given. No person other than Zeus and the Customer has any right to enforce this AUP, except that the Zeus Parties may enforce Sections 10 and 11 as though they were Zeus.
Changes to this AUP. Zeus may, in its sole discretion, modify or revise this AUP at any time by posting the amended version at its canonical location with a new version date, and you agree to be bound by such modifications or revisions. You are responsible for monitoring this AUP for changes; individual notice is not required. Your continued use of or access to the Services after posting is your conclusive acceptance of the then-current version, as stated in clause 1.1. Changes required by law, security, or fraud prevention take effect immediately upon posting. Ceasing use of the Services does not erase obligations already accrued under this AUP.