Effective Date: June 3, 2025
These Terms of Service (“Terms”) govern your access to and use of the Zephyr website, products, services, and any associated content (collectively, the “Services”), operated by DRBK (“DRBK,” “we,” “our,” or “us”). By accessing or using the Services, you (“you,” “your,” or “User”) agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
1. Acceptance of Terms
1.1 Agreement. By clicking “I Agree,” registering for an account, or otherwise accessing or using any part of the Services, you confirm that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy.
1.2 Changes to Terms. We may revise these Terms at any time in our sole discretion. If we make material changes, we will notify you by posting a notice on the Website or sending you an email (to the email address associated with your account). Your continued use of the Services after the “Effective Date” of any revisions constitutes acceptance of those changes. It is your responsibility to review the Terms periodically for updates.
1.3 Eligibility. By using the Services, you represent and warrant that:
- You are at least 16 years of age (or the minimum age required in your country to form a binding contract with us).
- You have the full right, power, and authority to enter into and comply with these Terms.
- You will not use the Services for any illegal or unauthorized purpose.
1.4 Registration. Certain features of the Services (e.g., purchasing products, subscribing to membership tiers, accessing premium content) require you to register for an account. When you register, you must provide accurate and complete information, including:
- First and last name
- A valid email address
- A secure password (encrypted and stored by Memberstack)
- Any additional information we may require to provide the Services
You agree to keep your account credentials confidential and to notify us immediately of any unauthorized use or breach of security. You are solely responsible for all activity that occurs under your account.
2. Scope of Services
2.1 Free Content. DRBK provides certain content, blog posts, and resources at no cost. Access to free content is subject to availability.
2.2 Paid Products & Subscriptions. We offer one-time digital products (e.g., templates, guides) and recurring subscription plans (e.g., membership tiers that include Prompt, Automation and Infinity, exclusive workflows, or private forums). Your access to paid content is determined by the plan you purchase.
2.3 Third-Party Services.
- Memberstack (account management, authentication, and payment processing).
- Payment Processors (e.g., Stripe) for billing, invoicing, and refunds.
- Email Marketing Provider for sending newsletters (AI Boost) and announcements.
- Google OAuth for optional account creation/login via Google credentials.
We do not control these third parties’ services, and your use of them is governed by their respective terms and privacy policies. DRBK is not liable for any issues or damages arising from your use of third-party services.
3. Account, Payment, and Billing
3.1 Account Creation & Management.
- You may create an account by providing required information (see Section 1.4).
- If you sign up via Google, we receive only basic profile information (name, email, profile picture) from Google. We do not receive or store your Google password.
- You are responsible for maintaining the security of your account credentials.
- You agree to update your information promptly if it changes (e.g., email address).
3.2 Subscription Plans & One-Time Purchases.
- Subscription Plans: We offer recurring plans billed monthly or annually. Billing is processed via Memberstack and its payment processors. By subscribing, you authorize us (and our payment processors) to charge your designated payment method.
- One-Time Purchases: For standalone products, you authorize a one-time charge to your payment method in the amount displayed at checkout.
3.3 Pricing & Taxes.
- Prices for all Products and Plans are displayed in your local currency (where available) and are subject to change at any time, without prior notice, except as prohibited by law.
- You are responsible for all sales, use, value-added, and other taxes, levies, or duties imposed by any governmental authority.
3.4 Payment Processing & Security.
- All payment details (e.g., credit/debit card numbers) are collected and processed by Memberstack and/or its payment processors (e.g., Stripe) on their secure servers (PCI-DSS compliant). DRBK does not store or have direct access to your full payment information.
- In the event of a payment failure (e.g., expired card), we may suspend or terminate your access to paid content until payment is successfully processed.
3.5 Billing Disputes.
- If you believe there is an error regarding charges to your account (e.g., unauthorized charge, incorrect billing amount), please contact us promptly at support@zephyr-hq.com. We will investigate and respond within a reasonable timeframe.
3.6 Refund Policy.
- One-Time Purchases: We offer a 14-day money-back guarantee on digital products, provided you have not downloaded or accessed the material more than three (3) times. To request a refund, contact us at support@zephyr-hq.com with your order number and rationale for the refund.
- Subscription Plans: You may cancel your subscription at any time. Upon cancellation, you will continue to have access to your plan until the end of the current billing period. Subscription fees are non-refundable and non-prorated (unless required by law). Any promotional or discounted fees are valid only for as long as you maintain continuous subscription; if you cancel and later resubscribe, standard rates will apply.
3.7 Free Trials & Promotional Offers.
- If we offer a free trial for any subscription plan, you must provide valid payment information at sign-up. Unless you cancel before the trial period ends, we will automatically convert your trial into a paid subscription and charge the applicable fees.
- Promotional offers (e.g., discounts, coupon codes) are subject to additional terms specified at the time of the offer and may be limited to new subscribers only.
3.8 Newsletter Subscription
By creating an account and accepting these Terms, you consent to be subscribed to our AI Boost newsletter. You will receive periodic emails related to AI Boost based on the email address you provided during account registration. If you wish to unsubscribe at any time, simply click the “unsubscribe” link included in any AI Boost email you receive, and you will no longer be sent newsletter communications.
4. User Content & Conduct
4.1 User-Generated Content.
- “User Content” refers to any text, images, videos, or other material you upload, post, or submit to the Services (e.g., comments, forum posts, testimonials).
- By posting User Content, you grant DRBK a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works, display, and perform such User Content in connection with the Services (including promoting and redistributing part or all of the Services).
4.2 Content Standards. You agree that your User Content will:
- Not infringe any third-party intellectual property rights (copyrights, trademarks, trade secrets, or other proprietary rights).
- Not contain defamatory, obscene, indecent, threatening, harassing, or hateful content.
- Not violate any applicable law, statute, ordinance, or regulation (including GDPR, CCPA, and other privacy or consumer protection laws).
- Not promote illegal activities, including but not limited to hacking, unauthorized access, or cryptocurrency scams.
- Not impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
DRBK reserves the right (but is not obligated) to remove, hide, or modify any User Content that, in its sole judgment, violates these standards or is otherwise objectionable.
4.3 Your Conduct. You agree not to:
- Use the Services for any unlawful purpose or in a manner that violates these Terms.
- Circumvent or attempt to circumvent any security-related features of the Services (including hacking or penetration testing).
- Use any robot, spider, scraper, or automated means to access the Services for any purpose without DRBK’s express written permission.
- Copy, reproduce, republish, upload, post, transmit, or distribute any material from the Services without our prior written consent, except as expressly permitted by these Terms.
- Engage in any activity that could damage, disable, or impair the Services or interfere with any other party’s use and enjoyment of the Services.
- Use any “deep-link,” “page-scrape,” “robot,” or other automatic device, program, algorithm, or methodology to access, acquire, copy, or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services without our express written consent.
4.4 Enforcement. If you violate these Terms, we may:
- Send you a written warning.
- Temporarily or permanently suspend or terminate your account and access to the Services.
- Remove or request removal of User Content.
- Revoke your license to use any content provided by DRBK.
- Pursue any other remedy available to us at law or equity.
5. Intellectual Property
5.1 Our Content. All content and materials available via the Services—including but not limited to text, graphics, images, code, designs, and “look and feel”—are owned by DRBK (or its licensors) and are protected by applicable intellectual property laws. You may view, download, and print pages or other content from the Services for your personal, non-commercial use, provided you retain all copyright and other proprietary notices.
5.2 License to Use. Subject to your compliance with these Terms, DRBK grants you a limited, non-exclusive, non-transferable, non-sublicensable license to:
- Access and use the Services in accordance with these Terms.
- View, download, and print pages or other content from the Services for your personal, non-commercial use.
All rights not expressly granted herein are reserved by DRBK and its licensors.
5.3 DMCA Compliance.
- If you believe any content on the Services infringes your copyright, please send a notice to our Designated Copyright Agent at support@zephyr-hq.com with the required information under the Digital Millennium Copyright Act (DMCA).
- Upon receipt of a valid DMCA takedown request, we will remove or disable access to the allegedly infringing material and notify the content provider.
6. Disclaimers & Warranties
6.1 No Warranty.
- THE SERVICES, CONTENT, AND ANY MATERIALS PROVIDED BY DRBK ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
- DRBK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
6.2 No Liability for Third Parties.
- DRBK is not responsible for any errors or omissions in any content provided by third parties or for any losses or damages incurred as a result of using third-party products or services.
6.3 No Professional Advice.
- Content on the Services (e.g., blog posts, tutorials, workflows, templates) is for informational purposes only and does not constitute professional advice (legal, financial, medical, or otherwise). You should consult a qualified professional before relying on any information.
6.4 User’s Responsibility.
- You are solely responsible for any decisions or actions you take based on the content you access through the Services.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRBK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES), EVEN IF DRBK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).
IN NO EVENT SHALL DRBK’S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID, IF ANY, FOR ACCESSING OR USING THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless DRBK and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of or conduct on the Services, including any User Content you submit.
- Your violation of these Terms or any applicable law, regulation, or third-party right (including intellectual property or privacy rights).
- Your infringement of any intellectual property or other right of any person or entity.
- Any matter related to your account termination.
We will provide you with prompt notice of any claim, reasonably cooperate with your defense at your expense, and you may not settle any claim without our prior written consent.
9. Privacy & Data Processing
9.1 Privacy Policy. Your use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. The Privacy Policy explains how we collect, use, and share your personal data.
9.2 GDPR & CCPA Compliance.
- For users in the European Economic Area (“EEA”), we process personal data in accordance with the General Data Protection Regulation (“GDPR”). Our Privacy Policy details your rights under the GDPR (e.g., access, rectification, erasure, data portability, restriction of processing, objection, and right to lodge a complaint with a supervisory authority).
- For users in California, we comply with the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”). Our Privacy Policy describes your rights under these laws, including the right to know, the right to delete, and the right to non-discrimination for exercising your privacy rights.
9.3 Children’s Privacy. The Services are not intended for children under the age of 16. If we become aware that a child under 16 has provided us with personal data, we will delete that data as soon as possible.
9.4 Data Security. We implement reasonable administrative, technical, and physical safeguards to protect your personal data in accordance with applicable law. However, no method of transmission over the internet or method of electronic storage is 100% secure.
10. Termination & Suspension
10.1 Termination by You. You may terminate your account and discontinue use of the Services at any time by contacting support@zephyr-hq.com, or by cancelling any subscription through your account settings.
10.2 Termination by DRBK. We may suspend or terminate your account, block your access, or refuse to provide the Services to you at any time, without notice or liability, if:
- You breach any provision of these Terms.
- We suspect fraudulent, abusive, or illegal activity.
- We are required to do so by law, regulation, or government request.
- We choose to discontinue offering the Services to all users, in which case we will provide at least thirty (30) days’ notice.
10.3 Effects of Termination. Upon termination:
- All rights and licenses granted to you will immediately cease.
- You must immediately cease all use of the Services.
- We may delete or deactivate your account and all associated data in accordance with our Data Retention policy (see Privacy Policy).
- Sections that by their nature should survive termination (e.g., Disclaimers & Warranties, Limitation of Liability, Indemnification, Governing Law) will remain in effect.
11. Modifications to the Services
DRBK reserves the right to modify, update, suspend, or discontinue any aspect of the Services—including pricing, features, or content—at any time, without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
12. Governing Law & Dispute Resolution
12.1 Governing Law. These Terms and any disputes arising out of or related to them or the Services will be governed by and construed in accordance with the laws of Denmark (Europe/Copenhagen), without regard to its conflict of laws principles.
12.2 Informal Resolution. Before initiating any legal action, you and DRBK agree to attempt to resolve any dispute informally by contacting the other party at least thirty (30) days prior to initiating formal proceedings. For issues concerning your account or billing, please email support@zephyr-hq.com.
12.3 Arbitration.
- Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding arbitration in Copenhagen, Denmark, before a single arbitrator under the rules of the Danish Institute of Arbitration.
- The arbitration shall be conducted in English, and the arbitrator’s award shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.
12.4 Class Action Waiver. To the fullest extent permitted by applicable law, you and DRBK agree that any arbitration shall be on an individual basis. Neither you nor DRBK shall have the right to arbitrate any dispute as a class representative or class member.
12.5 Small Claims. You may also have the right to bring certain claims in small claims court in Denmark, and this arbitration provision does not affect that right.
13. Electronic Communications
When you use the Services or send emails, text messages, or other communications to DRBK, you are communicating electronically. You consent to receive electronic communications from DRBK (e.g., via email, push notifications, or SMS). Such communications satisfy any legal requirement that such communications be in writing.
14. Severability & Waiver
14.1 Severability. If any provision of these Terms is held invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
14.2 Waiver. No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DRBK to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Assignment
You may not assign or transfer your rights or obligations under these Terms without DRBK’s prior written consent. DRBK may freely assign or transfer its rights or obligations under these Terms, in whole or in part, to any affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
16. Entire Agreement
These Terms, together with any policies or additional terms referenced herein (including the Privacy Policy), constitute the entire agreement between you and DRBK regarding the Services and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral.
17. Notices
Except as otherwise set forth herein, any notices or other communications required or permitted under these Terms shall be in writing and sent to:
DRBK
Denmark 8361, Hasselager Kildeagersøvej 99
Email: support@zephyr-hq.com
Notices to you may be sent via email to the address you provided at registration or posted on the Website. Notices are considered given on the date sent.
18. Contact Information
If you have any questions, comments, or concerns about these Terms or the Services, please contact us at:
DRBK
Denmark 8361, Hasselager Kildeagersøvej 99
Email: support@zephyr-hq.com
Last Updated: June 3, 2025