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 at Calle Floridablanca, 66-68, Local 9F, 08015 Barcelona, España. 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 Zero Fog (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.
- "Payment Processor" means Stripe (Stripe, Inc. and its affiliates, including Stripe Payments Europe, Ltd.), which processes payments on our behalf (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. The Course also includes access to a web-based Toolkit application at thezerofog.com/app/ (Sleep Diary, Sleep Assessment, Protocol Card, and bonus tools), provided via Supabase infrastructure.
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 Payment Processing via Stripe
Payments for the Course are processed by Stripe (Stripe, Inc. and its affiliates, including Stripe Payments Europe, Ltd.). When you purchase the Course, you are entering into a purchase agreement with the Company; Stripe processes the payment on our behalf through its hosted checkout. Your use of the Stripe checkout is also subject to Stripe's terms and privacy policy, available at https://stripe.com/legal/consumer and https://stripe.com/privacy.
Through the Stripe checkout, you may pay using credit or debit card and, where available, other payment methods supported by Stripe at the time of purchase (such as Apple Pay or Google Pay).
You will receive a purchase receipt by email, issued through Stripe on our behalf. We do not receive or store your full card number or other payment credentials; these are handled exclusively by Stripe.
All questions related to the Course - including content, access, billing, receipts, and refunds - should be directed to us at support@thezerofog.com.
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 calculated and collected at checkout. 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.
5.3 Lifetime Access
Where the Course is described as including "lifetime access", this means access for as long as we commercially offer the Course, and in any event for not less than five (5) years from your purchase date. If we discontinue the Course, we will provide at least 60 days' advance notice to your registered email address and make the core Course materials available for download during that notice period.
5.4 Planned Tools and Future Updates
We sometimes describe tools, updates, or features that we are building but have not yet released. Anything described as planned or in development is not part of the Course as sold and is not guaranteed, and no release date is promised. Where we offer founding members early or no-cost access to such a tool, that offer applies if and when the tool is released. Your purchase is for the Course as described at the time of purchase.
6. Refund Policy
We offer a 30-day money-back guarantee from the date of purchase: unconditional during the first 7 days, and conditional on documented implementation from day 8 through day 30. 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.
Approved refunds are issued by us through Stripe to the original payment method. By purchasing the Course, you acknowledge that you have read and agree to the conditions of the Refund Policy prior to completing your purchase.
If you are a consumer in the European Union or European Economic Area: by purchasing, you expressly request immediate access to the digital content and acknowledge that you thereby lose your statutory 14-day right of withdrawal. This does not affect the 30-day money-back guarantee described in the Refund Policy. See the Refund Policy for details.
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 license, revocable solely as provided in Section 15 (Termination), 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 Stripe (payment processing), Systeme.io (course delivery), MailerLite (email communications), EverWebinar (webinar hosting), and Supabase (Toolkit application database 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
For the free Services (the Site, webinars, and the Newsletter), we reserve the right to suspend or terminate access at any time. For the purchased Course, we may suspend or terminate your access only (a) for cause - a material violation of these Terms, such as credential sharing, content piracy, or abusive conduct - or (b) upon issuing you a refund of the amount you paid. Upon termination for cause, 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:
Entity: Dmitrii Sharonov
Tax ID (NIF): Y9674448H
Registered as: autónomo in Spain
Address: Calle Floridablanca, 66-68, Local 9F, 08015 Barcelona, España
Email: support@thezerofog.com
Website: thezerofog.com
For billing, payment, receipt, or invoice inquiries, contact us at support@thezerofog.com.