Terms of Service
1. Introduction and Acceptance
These Terms of Service ("Terms") govern your access to and use of the website thezerofog.com (the "Site"), all related services, content, webinars, email communications, and digital products (collectively, the "Services") provided by or on behalf of Dmitrii Sharonov ("we," "us," "our," or the "Company").
The Company is registered as autónomo in Spain, with its principal place of business in Barcelona, Spain. Contact details are provided in Section 19 of these Terms.
By accessing or using any part of the Services, you represent that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and agree to be bound by these Terms and our Privacy Policy, Refund Policy, and Medical & Wellness Disclaimer, which are incorporated herein by reference.
2. Definitions
- "Content" means all text, images, video, audio, graphics, software, and other materials available through the Services.
- "Course" means the digital educational product titled "The ZeroFog (4-Week Protocol)" (or such other name as may be used), including all video lessons, worksheets, templates, tools, and supplemental materials.
- "User," "you," or "your" means any individual who accesses or uses the Services.
- "Webinar" means any live, simulated-live, or recorded presentation hosted by or on behalf of the Company through the EverWebinar platform.
- "Newsletter" means email communications you receive after voluntarily providing your email address through the Site, delivered via MailerLite.
- "Merchant of Record" means Paddle.com Market Ltd ("Paddle"), which processes all payments and acts as the seller of record (see Section 5).
3. Description of Services
3.1 The Website
The Site provides information about the Course, access to webinar registration, and general educational content related to non-medical sleep habit improvement for wellness purposes.
3.2 Webinar and Newsletter
When you register for a webinar through the Site, you voluntarily provide your email address and consent to receive emails from us, including webinar-related communications, follow-up sequences, and promotional offers. Webinars are hosted through the EverWebinar platform. Email communications are delivered via MailerLite. You may unsubscribe at any time using the link provided in each email.
When you enter the webinar room, you may be asked to provide your name. Providing your name is optional; if you choose to provide it, it will be processed in accordance with our Privacy Policy.
3.3 The Course
The Course is a self-paced digital educational program designed to help remote workers and professionals improve their sleep habits through non-medical behavioral and lifestyle strategies. The Course is delivered through Systeme.io, a third-party learning management system, and consists of video lessons, a sleep diary template, weekly action cards, and supplementary materials. Your use of the Systeme.io platform is also subject to the Systeme.io Terms and Conditions, available at https://systeme.io/terms-and-conditions.
3.4 Non-Medical Nature of the Services
THE SERVICES ARE FOR GENERAL WELLNESS AND EDUCATIONAL PURPOSES ONLY. The Course is a lifestyle and behavioral education program. It is not a medical service, therapy, treatment program, or substitute for professional medical advice, diagnosis, or treatment. The Course does not diagnose, treat, cure, or prevent any disease or medical condition, including but not limited to insomnia, sleep apnea, or any other clinically recognized sleep disorder.
The Course teaches general lifestyle habit strategies comparable to productivity or time-management programs. It does not provide individualized health recommendations. See our full Medical & Wellness Disclaimer for details.
4. Account Registration and Access
Upon purchasing the Course, you will receive instructions via email to access the Course on Systeme.io. Account creation and credential management are handled by the Systeme.io platform. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree not to share, transfer, sell, or distribute your access credentials to any third party. Each purchase grants a single-user license. We reserve the right to suspend or terminate accounts where unauthorized sharing is detected.
5. Payment Terms
5.1 Paddle as Merchant of Record
Our order process is conducted by our online reseller Paddle.com Market Ltd ("Paddle"). Paddle is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
This means that Paddle is the legal seller of the Course for the purposes of payment processing, tax collection, and invoicing. By purchasing the Course, you are entering into a purchase agreement with Paddle, subject to Paddle's Buyer Terms, available at https://www.paddle.com/legal/terms.
Paddle handles all payment processing, sales tax / VAT collection and remittance, invoicing, and billing-related customer inquiries. You will receive a purchase receipt from Paddle.
The Company acts as the content provider and licensor. All questions related to Course content, access, and educational support should be directed to us. All questions related to billing, payment methods, receipts, and invoicing should be directed to Paddle.
5.2 Pricing
The price of the Course is the amount displayed on the sales page at the time of your purchase. Prices are listed in US Dollars (USD) and may be subject to applicable taxes depending on your location, as determined and collected by Paddle. We reserve the right to change pricing at any time; however, any price change will not affect purchases already completed.
From time to time, we may offer promotional discounts. If you purchase the Course at a discounted price, any applicable refund will be limited to the actual amount you paid, not the standard listed price.
6. Refund Policy
We offer a 30-day conditional money-back guarantee from the date of purchase. Full details, including eligibility conditions and the refund request process, are set forth in our separate Refund Policy, which is incorporated into these Terms by reference.
Refunds are processed by Paddle as the Merchant of Record. By purchasing the Course, you acknowledge that you have read and agree to the conditions of the Refund Policy prior to completing your purchase.
7. Intellectual Property
7.1 Ownership
All Content, including but not limited to course videos, scripts, worksheets, sleep diary templates, action cards, design elements, trademarks, logos, and any other materials provided through the Services, is the exclusive property of the Company or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws.
7.2 Limited License
Upon purchase, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Course for your personal, non-commercial purposes only. This license does not include any right to:
- Reproduce, distribute, publicly display, or publicly perform any Content
- Create derivative works from the Content
- Share, resell, sublicense, or otherwise transfer your access
- Download, rip, or copy video content except where an explicit download option is provided
- Use the Content for any commercial purpose, including coaching, consulting, or resale
7.3 DMCA / Copyright Complaints
If you believe any Content infringes your copyright, please contact us at copyright@thezerofog.com with a description of the allegedly infringing material, proof of ownership, and your contact information.
8. User Conduct
By using the Services, you agree not to:
- Violate any applicable law, regulation, or these Terms
- Use the Services for any unlawful, fraudulent, or harmful purpose
- Interfere with or disrupt the Services or servers
- Attempt to gain unauthorized access to any part of the Services
- Use automated tools (bots, scrapers) to access or interact with the Services
- Impersonate any person or entity
- Post or transmit harmful, threatening, abusive, defamatory, or otherwise objectionable content through any interactive features
- Share Course content in any public or semi-public forum
9. Medical and Wellness Disclaimer
THE SERVICES AND THE COURSE ARE PROVIDED FOR GENERAL WELLNESS AND INFORMATIONAL PURPOSES ONLY. Nothing in the Services constitutes medical advice, diagnosis, or treatment. The Course is a lifestyle and behavioral education program, not a health or medical service. It is not intended to replace consultation with a qualified healthcare professional.
You should consult your physician or other qualified health provider before beginning any new wellness program, particularly if you have or suspect you have a medical condition, are taking medication, or have experienced chronic sleep difficulties.
WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY ADVERSE EFFECTS ARISING FROM THE USE OR APPLICATION OF THE INFORMATION PROVIDED THROUGH THE SERVICES. Individual results may vary. No guarantees of specific outcomes are made or implied.
See our full Medical & Wellness Disclaimer for comprehensive terms.
10. Disclaimer of Warranties
THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee any specific results from the use of the Course.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OWNERS, PARTNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE COURSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its owners, partners, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.
13. Third-Party Services and Links
The Services rely on and may contain links to third-party platforms and services, including but not limited to Paddle (payment processing), Systeme.io (course delivery), MailerLite (email communications), and EverWebinar (webinar hosting). We have no control over and assume no responsibility for the content, privacy policies, or practices of these third-party services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by the use of such third-party services.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on the Site with a revised "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. If you do not agree with the updated Terms, you must stop using the Services.
15. Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause and with or without notice, including if we believe you have violated these Terms. Upon termination, your license to use the Course and all Content is immediately revoked.
Sections 7 (Intellectual Property), 9 (Medical Disclaimer), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 16 (Governing Law) shall survive any termination of these Terms.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Barcelona, Spain.
Notwithstanding the foregoing, if you are a consumer resident in the European Union, you retain all mandatory consumer protection rights granted by the laws of your country of residence, including access to your local courts and the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
17. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, and Medical & Wellness Disclaimer, constitute the entire agreement between you and the Company regarding the use of the Services and supersede all prior agreements and understandings.
19. Contact Information
If you have any questions about these Terms, please contact us at:
Email: support@thezerofog.com
Website: thezerofog.com
Entity: Dmitrii Sharonov
Location: Barcelona, Spain
For billing, payment, receipt, or invoice inquiries, please contact Paddle directly at https://www.paddle.com/support.