Terms of Use

This Agreement (“Terms”) governs the relationship between you as a user of our Services (“User” or “you”) and Zephyr (hereinafter “Zephyr”, or “We”).

These Terms, together with the Privacy Policy and the Cookies Policy, govern the relationship between you as a customer of our services (“Services”), provided via our website https://zephyr.digital/ and all related pages (hereinafter “Website”).

To the extent the Terms or the Privacy Policy contradict any other Zephyr terms or policy, the terms contained in these Terms of Services and the Privacy Policy shall govern.

General provisions

Prohibited jurisdiction

First of all, we do not provide the Services for the customers from Marshall Islands, Algeria, Bangladesh, Bolivia, Russia, Belarus, Burundi, Burma (Myanmar), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Yemen and Zimbabwe.The Service provision for customers from such jurisdiction is prohibited. So, if you are a citizen, resident, or subject of the jurisdictions specified above, we kindly ask you to stop using our Services and leave the Website.

We also do not provide full functionality for users from Canada, the United States, Australia, Israel, the United Kingdom or the European Union. Please note, that users from such jurisdictions may use the platform for the informational purpose only.

By creating an account on the Website or otherwise accessing or using the Website or the Services, you accept and agree to be bound by and to comply with these Terms and confirm that you are not the citizen, resident, or subject of the prohibited jurisdictions.

In any case, we are taking all necessary steps to restrict access for citizens, residents, or subjects from prohibited jurisdictions.

Scope of the Services

Our Website is an AI-powered trading and guessing platform where you can create forecasts of the future value of popular coins and receive rewards according to the terms specified below. You also can find on the Website the list of already created pools of forecasts, the current coins` values, our market analyses data, as well as the links to our other social media, our address, email, and other information about us.

You can find more detailed information about the Services scope in our Whitepaper.

Accessing the Services

Eligibility
Our Website is not intended for underage (meaning persons under 18 years of age or other age of legal capacity below the limit in accordance with the laws of the user’s country). You confirm that you have reached the specified age, and you agree to be bound by the Terms. If you are less than the age of full legal capacity, we request that you do not submit information to us and leave the Website without obtaining the Services.

If you are underage as indicated above, your parents or guardians shall undertake all the consequences resulting from your acceptance of the Terms.

Registration
You may register an account on the Services ("Account") by entering an email address and creating a password. You may also sign up through the third-party software cryptocurrency wallet (e.g., MetaMask). In that case, you give us consent to extract the address of such a wallet.

In case of registration with an email address via the Website, we will send you an email confirmation. With clicking on the link in accordance with the provided instructions, you accept the Terms and enter into the Agreement with Zephyr.

Tech requirements
To use the Services, you will need a device that meets the system and compatibility requirements for the relevant content, internet connection, and compatible software. We are not responsible for the Services malfunctions caused due to the inadequacy of your device, internet connection or software.

Other accessing requirements
As a condition to accessing or using the Services or the Website, you represent and warrant the following:

• you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services (like the use of the Services in the prohibited jurisdictions);
• your access to the Services is not (a) prohibited by and does not otherwise violate or assist you in violating any domestic or foreign law, rule, statute, regulation or other requirement published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Zephyr, you, the Website or the Services, or as otherwise duly enacted, enforceable by law, the common law or equity; or (b) contribute to or facilitate any illegal activity;
• any digital assets or any monetary funds that you use for the interaction with the Website, were received legally, not in violation with the applicable law or the law of your residence.

Limitation
As a condition to accessing or using the Services or the Website, you acknowledge, understand, and agree to the following:

• the Website and the Services may evolve, which means we may apply changes, replace, or discontinue (temporarily or permanently) the Services at any time in its sole discretion;
• the pricing information provided on the Website does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Zephyr;
• Zephyr does not act as an agent for you or any other user of the Website or the Services;
• you are solely responsible for your use of the Services, including all of your transfers of cryptocurrencies and other blockchain-based assets, owned by you and used in the Website and the custody and control of such assets.

User Account details

Account credentials
When creating an Account, you may select a username and a password (“Login Information”).

You accept responsibility for the confidentiality and use of any username and email address that you use to register for your access to and use of our Services. You are responsible for maintaining the confidentiality of your password and Account and are fully responsible for all activities under your password or Account. You agree to (a) immediately notify Zephyr of any unauthorized use of your password or Account or any other security breach, and (b) ensure that you exit from your Account at the end of each session. Zephyr cannot and will not be liable for any loss or damage arising from your failure to comply.

Zephyr reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such a third party's rights.

Ownership to Account
You acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and insured to the benefit of Zephyr.

Generally, accounts created with Zephyr will be considered active until we receive the User’s request to deactivate or delete them; however, we reserve the right to terminate any Account that has been inactive for 365 days.

Suspension and Termination of Account and Services

Zephyr may limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof if you are, or Zephyr suspects that you are:

• failing to comply with these Terms, accessing requirements, or for any actual or suspected illegal or improper use of the Services, with or without notice to you;
• creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our Terms or policies.

Zephyr reserves the right to stop offering and/or supporting the Services or a particular part of the Services at any time, either permanently or temporarily. At this point, your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, Zephyr shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Services.

Loss of the Account and Virtual Items
If, as a result of the Account termination or limitation under the clause above, you lose your username and password, or any benefits, privileges, earned rewards associated with your use of the Services, Zephyr is under no obligation to compensate you for any such losses or results.

Account termination
Upon your request, your Account can be deleted from the Website. You may delete your Account anytime by asking our support team on the email support@zephyr.digital. If you request your Account be deleted, we will delete the personal data associated with your Account, however, certain personal data will be retained if it has been integrated into data that is integral to our systems and the Website, including data in communications you have sent via our Website. This data is necessarily retained for the integrity of the data on the Website and our legitimate business purposes, including auditing, security, and other legitimate interests (please refer to our Privacy Policy for more information). Your published forecasts will remain on the Website at our discretion. Once a forecast has been published, it will be stored in blockchain due to the very nature of Blockchain technology.

Information and Advertising Messages

From time to time, we may send emails to your email address:

• to inform you of any changes in the Services and other important details of the use of them,
• to share the information about our Services that we believe may be of your interest and to offer you some new Services.

The details of your personal data processing are described in our Privacy Policy.

Third-Party Links

You may have an opportunity to leave the Services via the links to third-party websites and services. For instance, we may provide you with links to our profiles on social media. Such third-party links are not under the control of Zephyr, and Zephyr is not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply the endorsement by Zephyr of such third-party websites.

You use all third-party links at your own risk. You should apply a suitable level of caution when doing so. When you click on any of the third-party links, the applicable third party’s terms and privacy policies apply. We recommend you carefully read any such terms and policies before using the respective third-party websites and services.

No professional advice

All the data, posts and other materials provided in connection with the use of the Website and the Services is for informational purposes only and should not be construed as professional or any sort of financial advice. You should refrain from taking any actions based on any information contained on the Website or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, tutorials, social media content, and videos. Before you make any financial, legal, or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

Also note that crypto markets might be highly volatile, and any action regarding such markets via the platform should be done only at your own risk.

Licence to the User

Grant of a Limited Licence to Use the Services

Services in a whole
Zephyr grants you a non-exclusive, non-transferable, revocable, worldwide, limited license to access and use the Services solely for your own entertainment purposes. You agree not to use the Services for any other purpose.

Zephyr reserves all rights, including all intellectual property rights or other proprietary rights in connection with the Services, since the Services are the property of the Zephyr or its third-party licensors.

The Services shall include without limitation any titles, computer code, themes, objects, concepts, methods of operation, documentation, and the Zephyr Website and server software.

USDZ coins
You may “earn”, “buy”, or “purchase” virtual currency, including but not limited to virtual coins, tokens, or points, all for use in the Services (USDZ coins). Such a coin is a digital representation of value only available in electronic form. It is stored and transacted through Zephyr software. You confirm your understanding that these real-world terms are only being used as a shorthand. The nature of this digital asset is described in the Whitepaper

License Limitations

Any usage of the Services in violation of these Terms, as well as attempts to use, encourage or assist any other person in using the Services in such a way, is strictly prohibited and can result in the immediate restriction of your access to the Services. By using the Services, you agree not to:

As to Your Account Usage:

• create an Account or access the Services if you are under the age of full capacity; you have to monitor your Account to restrict use by minors, and deny access to them. You accept full responsibility for any unauthorised use of the Services by minors in connection with your Account;
• solicit any login credentials from other users of the Services;
• have an Account or use the Services if you have previously been removed by us or previously been banned from the Website.
• create multiple accounts for the same person.

As to the Offensive or Infringing Content:

• Transmit unauthorized communications through the Services, including junk mail, chain letters, spam, and any materials that promote malware, spyware and downloadable items.

As to the Unauthorised Use or Connection to the Services:

• Interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms;
• Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Services or that is in transit from or to the Services;
• Upload or transmit, without Zephyr's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to web bugs, cookies or other similar devices (sometimes referred to as “spyware”, ”passive collection mechanisms” or “PCMs”);
• Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Bypass any robot exclusion headers or other measures we employ to restrict access to the Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Services, or harvest or manipulate data;
• Gain unauthorized access to the Services, Accounts registered to others, or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Zephyr, including by circumventing or modifying any security, technology, device, or software that is part of the Services;
• Copy, modify or distribute rights or content from the Services or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms.

As to Cheating and Hacking:

• Use automation software and bots (unless such tools are provided by the platform), cheats, exploits, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services;
• Without Zephyr's express written consent, modify or cause to be modified any files that are a part of the Services;
• Disrupt or overburden (1) any computer or server used to offer or support the Services; or (2) the enjoyment of the Services by any other person;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services or to obtain any information from the Services using any method not expressly permitted by the Zephyr;
• Institute any type of attack, including distribution of a virus or other attempts to disrupt the Services or any other person's use of the Services.

As to the Other Restrictions:

• Engage in any act that Zephyr deems to conflict with the spirit or intent of the Services, including but not limited to circumventing or manipulating these Terms;
• Make improper use of Zephyr's support Services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel;
• Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.

Fees and Purchase Terms

For adding forecasts, you should obtain the USDZ coins. Obtaining the USDZ coins means they could be obtained from Zephyr directly or from the rewards for completing tasks on the Website, such as daily log-in reward, Mystery Box reward, from the rewards for the referral program.

Nature and procedure of obtaining the USDZ coins
On the Website, you may obtain an amount of USDZ coins. Take into consideration that only Zephyr may provide for the USDZ coins, so any propositions or offers which come from third parties might represent frauds or scams.

Zephir could need certain information from you, confirming the particulars of your request and re-affirming your agreement to these Terms.

We may send you a confirmatory email containing details of the items you have requested. Please check that the details in the confirmatory email are correct as soon as possible and maintain a copy of it for your records. Zephyr keeps records of transactions in order to deal with any subsequent queries.

Payment of fees
You agree to pay all fees, commissions, and taxes incurred by you or anyone using the Account registered to you under the laws applicable. Zephyr may revise the pricing for the Services and any part of them at any time.

Disclaimers / Limitations / Waivers / Indemnification

No provisions of these Terms will prejudice the statutory rights that you may have as a consumer of the Services. The laws of some countries and jurisdictions do not allow the exclusion of some kinds of warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.

Disclaimers and Limitations of Liability

Disclaimer as to the warranties on the Services’ operation
You expressly agree that use of the Services is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose.

Without limiting the foregoing, neither Zephyr nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “Zephyr parties”) warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) any errors in the Services will be corrected and (vi) your using of Services grants you expected reward.

Disclaimer as to the warranties regarding the damages that may be caused to you
You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to all damages or injury caused by or related to the use of or inability to use, the Services under any cause, including, without limitation, actions for breach of warranty, breach of contract or tort.

Zephyr parties shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, including for loss of profits, goodwill or data, in any way arising from the use of, or inability to use the Services.

Force Majeure
Zephyr shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Zephyr, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Zephyr's control, such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Indemnification

You agree to indemnify, save, and hold Zephyr and Zephyr parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the obligations, representations and warranties that you made.

Zephyr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Zephyr, and you agree to cooperate with Zephyr's defense of these claims. Zephyr will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account or of the Services.

Risks assumption

Use of the Services, in particular for USDZ coins, may carry financial risk. Digital assets are highly experimental, risky, and volatile. Transactions entered into in connection with the Services are irreversible, final and there are no refunds.

You acknowledge and agree that you will access and use the Website and the Services at your own risk. The risk of loss in transacting, connected with digital assets, can be substantial. You should, therefore, carefully consider whether such transactions are suitable for you in light of your circumstances and financial resources. By using the Services, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of such a transaction. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Services. You accept all consequences of using the Services, including the risk that you may lose your digital assets permanently. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Services.

Miscellaneous

Assignment

Zephyr may assign or delegate its rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your consent.

Entire Agreement

Zephyr may publish additional policies related to specific Services such as forums, referral or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms.

Updates

We reserve the right, in our sole discretion, to modify these Terms from time to time. If we make changes, we will provide you with notice, such as by providing notice through the Services or updating the “Last Updated” date at the top of these Terms. Unless we state otherwise in our notice, all such modifications are effective immediately, and your continued use of the Website and the Services after we provide the notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Website and the Services.

Contact Information

We may notify you via postings on the Website and via email or any other communications means to contact information you provide to Zephyr.

Jurisdiction

The Services, including the Website, are made available by us, Zephyr, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the Marshall Islands.

Contact Information

If you have any questions about this Policy, please contact us.

Contact email: support@zephyr.digital