Terms of Service

The short version

This summary is for convenience. The full text below controls.

1.Definitions

The capitalized terms below have these meanings in these Terms of Service and in every other Policy. Other Policies use these terms as defined here and do not redefine them. A term defined in the singular has the matching meaning in the plural, and the reverse.

Account. The account a Creator registers to access and manage the Services, including its login credentials, settings, billing details, and every Creator Site, Community, and Subscription associated with it.

Aggregated Data. Data derived from the operation and use of the Services that has been de-identified and combined with other data so that it does not identify, and cannot reasonably be used to identify, any Creator, Creator Site, Member, or other individual.

Agreement. The binding contract between Zinstruct and a Creator. It consists of the Terms of Service, every other Policy that the Terms of Service incorporate by reference, and any plan, order, or checkout terms the Creator accepts when buying or changing a Subscription. When a Policy addressed to Members or Partners uses this term, it means that Policy together with the Policies it incorporates.

AI Output. Any text, image, answer, summary, insight, or other content generated by Community AI or by any other AI feature of the Services, whether it is published in a Community, sent to a Member, or delivered only to the Creator, and whether the underlying AI usage is metered by Zinstruct or runs on a Creator AI Key.

Authorized User. An individual, such as an employee, contractor, co-host, or moderator, whom a Creator permits to access or administer its Account, Creator Site, or Community on the Creator's behalf.

Beta Feature. Any feature, tool, or service of the Services that Zinstruct labels as beta, preview, early access, pilot, experimental, or similar, or that Zinstruct has not yet made generally available to all Creators.

Community. A discussion space that a Creator makes available on its Creator Site through the Services, where Members can post, comment, message, and interact with one another, with the Creator, and with Community AI.

Community AI. The autonomous artificial-intelligence agent that Zinstruct makes available inside a Creator's Community. It generates posts from sources the Creator provides, answers Member questions, and reports sentiment-based insights to the Creator. It publishes posts and answers without a human approval step. A Creator pays for its use either through platform-metered usage billed by Zinstruct or by connecting a Creator AI Key.

Confidential Information. Non-public information that one party discloses to the other in connection with the Agreement and that is marked confidential or that a reasonable person would understand to be confidential, such as non-public product plans, security practices, pricing terms, and business data. It does not include information that is or becomes public through no fault of the receiving party, that the receiving party already knew or independently developed without using the other party's information, or that the receiving party lawfully received from a third party without a duty of confidentiality. Member Data is governed by the Data Processing Addendum rather than by this definition.

Creator. An individual or legal entity that registers an Account and subscribes to the Services to build, market, and sell courses, memberships, digital products, communities, newsletters, or other offerings to Members. Creators are Zinstruct's customers. When an individual registers on behalf of a legal entity, the entity is the Creator.

Creator AI Key. An API key or other credential for a third-party AI model provider that a Creator obtains from that provider under the Creator's own account and connects to the Services, so that Community AI or other AI features run on the Creator's provider account and the provider bills the Creator directly for that usage. This is sometimes called "bring your own key."

Creator Content. All content and materials that a Creator or its Authorized Users upload, create, publish, or make available through the Services, including courses, lessons, videos, audio, text, images, downloads, the Creator's own Community posts, newsletters and emails, product and pricing descriptions, sales pages, trademarks and branding, and the sources the Creator supplies to Community AI. Creator Content also includes AI Output generated for that Creator or published on its Creator Site or in its Community. Content that Members post or submit is Member Data, not Creator Content. Where Creator Content contains Personal Data about Members, that Personal Data is also Member Data.

Creator Site. The branded website, pages, and related applications that a Creator operates through the Services, whether on a Zinstruct subdomain or on the Creator's own custom domain, where Members sign up, buy, access Creator Content, and take part in Communities.

Feedback. Suggestions, ideas, bug reports, feature requests, or other input about the Services that a Creator, Authorized User, Member, or Partner gives to Zinstruct.

Fees. All amounts a Creator owes Zinstruct under the Agreement, including Subscription charges, charges for platform-metered AI usage, any transaction fee Zinstruct charges on Member Transactions, charges for add-ons, and any taxes Zinstruct is required to collect. Fees do not include amounts a Creator owes to Stripe, to an AI provider under a Creator AI Key, or to any other provider of Third-Party Services.

Member. An individual who signs up for, subscribes to, buys from, or otherwise uses a Creator Site, such as a student, community member, or newsletter subscriber. A Member's commercial relationship is with the Creator whose Creator Site they use, not with Zinstruct.

Member Data. Any data relating to Members, including Personal Data, that Zinstruct processes on a Creator's behalf in providing the Services, such as Member account and profile data, purchase and transaction records, course progress, content Members post or submit in a Community, Member interactions with Community AI, and newsletter subscriber lists and engagement data. For Member Data, the Creator is the controller and Zinstruct is the processor (a "service provider" or "processor" under US state privacy laws), and the Data Processing Addendum governs its processing. Member Data does not include Aggregated Data or Personal Data that Zinstruct processes about a Member as its own controller, as described in the Privacy Notice.

Member Transaction. A purchase, subscription, payment plan, or other payment that a Member makes to a Creator through the Services.

Notice of Dispute. The written notice that a Creator or Zinstruct must send to the other before starting arbitration or a lawsuit about the Agreement or the Services. It states the sender's name, the email address associated with the Creator's Account, a description of the dispute, and the relief requested, and it starts a period of informal negotiation.

Partner. A person or entity that Zinstruct has accepted into its affiliate and referral program and that refers prospective Creators to Zinstruct under the Partner Program Agreement.

Personal Data. Any information that identifies, relates to, describes, or is reasonably capable of being associated with an identified or identifiable individual or household. It includes "personal data," "personal information," and similar terms as defined by any applicable data protection law.

Policies. Collectively, the Terms of Service and every other document published in the Policy Center, each as updated from time to time. Each one is a "Policy."

Policy Center. The collection of legal documents that Zinstruct publishes on zinstruct.com, consisting of the Terms of Service and each document the Terms of Service list as part of the Agreement.

Services. Zinstruct's multi-tenant online course and community platform and everything Zinstruct provides through it, including the zinstruct.com website; the software, hosting, and infrastructure behind Creator Sites; tools for courses, memberships, and digital products; Communities; Community AI and other AI features; newsletter and email tools; payment integrations; any apps and APIs; and related support. The Services do not include Creator Content, Member Data, or Third-Party Services, even when those are accessed through the Services.

Stripe. Stripe, Inc. and its affiliated companies, the third-party payment processor that processes Fees and Member Transactions for the Services, together with the Stripe services a Creator uses through the Services.

Sub-processor. Any third party that Zinstruct engages to process Member Data on a Creator's behalf in providing the Services. Current Sub-processors are listed in the Sub-processor List.

Subscription. A Creator's paid, free, or trial plan for access to the Services, including the plan tier, features, usage limits, and billing cycle the Creator selects at checkout or later changes.

Terms of Service. The master agreement between Zinstruct and each Creator, published in the Policy Center, that sets the core terms for using the Services, contains the master definitions used across all Policies, and incorporates every other Policy by reference.

Third-Party Services. Products, services, websites, integrations, AI models, and content that Zinstruct does not provide and that a Creator or Member chooses to use with the Services under the third party's own terms. Examples include a Creator's AI provider under a Creator AI Key, domain registrars, connected tools, and Stripe services to the extent a Creator contracts directly with Stripe.

We, Us, Zinstruct. [Exact registered entity name], a Colorado limited liability company doing business as Zinstruct, with its mailing address at 2403 E 28th Ave, Denver, CO 80205, USA, and the provider of the Services. "Our" has the matching meaning.

You. The person or entity that accepts, or is addressed by, the Policy in which the term appears. In the Terms of Service and in Policies that govern the relationship between Zinstruct and Creators, "you" means the Creator. In the Member Terms, "you" means the Member. In the Partner Program Agreement, "you" means the Partner. In notices addressed to the public, such as the Privacy Notice, "you" means the individual the notice describes. "Your" has the matching meaning.

2.About these terms

2.1Who these terms apply to

These Terms of Service apply to Creators and their Authorized Users. If you are a Member, the Member Terms apply to you, along with the terms your Creator sets. If you are a Partner, the Partner Program Agreement applies to you.

2.2How you accept these terms

You accept these Terms of Service, and the rest of the Agreement, by clicking to accept them when you create an Account or buy a Subscription. If you do not agree, do not create an Account or use the Services.

2.3Accepting for an organization

If you accept these Terms of Service on behalf of a company or other legal entity, you confirm that you have authority to bind that entity. In that case, the entity is the Creator, and "you" means the entity.

2.4Business use

You agree that you use the Services to run a business, profession, or other commercial or organizational activity, and not for personal, family, or household purposes. This does not reduce any protection that the law gives you and that cannot be waived by contract.

3.Policies that form part of the Agreement

3.1Incorporation by reference

Each document listed below is incorporated into these Terms of Service by reference and forms part of the Agreement between you and Zinstruct. By accepting these Terms of Service, you accept each of them. Some documents mainly govern other people, such as Members or Partners, or describe how we handle specific requests. Those documents bind you to the extent they apply to you or to how you use the Services.

3.2The Policies

Terms & Agreements

• AI Terms
• Payment Terms
• Refund Policy
• Member Terms
• Partner Program Agreement
• Support Terms
• Service Level Terms

Privacy & Data

• Privacy Notice
• US State Privacy Notice
• Data Processing Addendum
• Sub-processor List
• Cookie Notice
• Workforce Member Privacy Policy

Disclaimers & Disclosures

• Acceptable Use Policy
• Community Guidelines
• Email and Anti-Spam Policy
• Copyright (DMCA) Policy
• Law Enforcement and Legal Request Guidelines
• Vulnerability Disclosure Policy
• Accessibility Policy
• Earnings and Results Disclaimer

3.3Order of precedence

If the Policies conflict, this order resolves the conflict:

1. The Data Processing Addendum controls for anything concerning Member Data.
2. The Payment Terms control for anything concerning Fees.
3. In every other case, these Terms of Service control over any other Policy.

Plan, order, or checkout terms you accept control over the Policies only for the plan, price, and billing details they state.

If two Policies other than these Terms of Service conflict on a subject that neither item 1 nor item 2 covers, the Policy that addresses the subject more specifically controls, read in the way most consistent with these Terms of Service.

3.4Where to find the Policies

The current version of each Policy is published in the Policy Center on zinstruct.com. The version in effect when a question arises is the one that applies, subject to Sections 23.5.2 and 25.

4.Eligibility and your Account

4.1Who can use the Services

To create an Account, you must:

• have reached the age of legal majority where you live and have the legal capacity to enter into a binding contract;
• not be located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions; and
• not be named on, or owned or controlled by anyone named on, a US government list of prohibited or restricted parties.

The Services are not directed to children under [Minimum age]. We do not knowingly collect Personal Data from children under that age.

4.2Accurate information

You must give us accurate and complete information when you register, and keep it current. This includes your legal name or entity name, a working email address that you check, and your billing details. We send important notices to the email address on your Account.

4.3Authorized Users

You may allow Authorized Users to access your Account if your Subscription permits it. You are responsible for choosing them, setting their permissions, removing access when it is no longer needed, and making sure they follow the Agreement. Anything an Authorized User does in your Account is treated as your act.

4.4Account security

You are responsible for keeping your login credentials, and those of your Authorized Users, confidential and secure. We may require additional security measures, such as multi-factor authentication. Tell us promptly at support@zinstruct.com if you believe someone has accessed your Account without permission. You are responsible for activity in your Account unless it results from our breach of the Agreement.

4.5Account ownership disputes

If more than one person claims control of an Account, we may ask for reasonable proof of ownership, such as proof of authority to act for the named entity or control of the billing method on file. We may limit access to the Account while the question is resolved. We decide based on the information available to us, and we are not a party to the underlying dispute.

5.Subscriptions, Fees, and renewal

5.1Plans

Each Subscription includes the features, usage limits, and billing cycle shown at checkout or on our pricing page when you subscribe. You agree to pay all Fees that apply to your Subscription and to any add-ons or usage you choose.

5.2Free trials

If we offer you a free trial, the checkout page will show how long it lasts, what happens when it ends, and how to cancel. Unless you cancel before the trial ends, your paid Subscription begins when the trial ends and you will be charged. If you cancel before the trial ends, you will not be charged for the Subscription.

5.3Automatic renewal

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. At the end of each billing cycle, it renews for another billing cycle of the same length, at the then-current price for your plan, and we charge the payment method on your Account. It continues to renew until you cancel.

5.4How to cancel

You can cancel your Subscription online at any time from your Account settings, without having to call us or take extra steps beyond confirming your identity. You can also cancel by emailing support@zinstruct.com. If we show you an offer when you cancel, the option to finish cancelling will stay visible and available. Cancellation takes effect at the end of your current billing cycle. You keep access to the Services until then. Fees already paid are not refunded, except as Sections 17.3, 19.2, 19.3, and 22.2, the Refund Policy, or the law provide.

5.5Confirmations and reminders

After you subscribe, we will send you a confirmation that describes the renewal terms and how to cancel. We will also send renewal reminders and notices of material changes to your Subscription at the times and in the manner required by applicable automatic-renewal laws.

5.6Price changes

We may change the price of a Subscription or of other Fees. We will notify you at least [Price change notice period] before a price increase takes effect for your Subscription. The new price applies from the start of your next billing cycle after that notice period ends. If you do not want to pay the new price, you can cancel before it takes effect.

5.7Payment method and authorization

You authorize us, and Stripe acting for us, to charge the payment method on your Account for all Fees when they are due. You must keep a valid payment method on file. What happens when a payment fails, including any retry and grace period, is set out in the Payment Terms.

5.8Plan changes

You can upgrade or downgrade your Subscription as the Services allow. The Payment Terms explain when changes take effect and how proration works. A downgrade may reduce features, storage, or usage limits, and you are responsible for moving or removing Creator Content that no longer fits within the lower plan.

5.9Usage-based and transaction Fees

If you use platform-metered Community AI or other AI features, usage charges apply as described in the AI Terms and the Payment Terms. Our fee on Member Transactions is [Platform transaction fee], charged as described in the Payment Terms.

5.10Taxes

Fees do not include taxes. You are responsible for all sales, use, value-added, goods and services, and similar taxes on the Fees, other than taxes on our net income. Where the law requires us to collect a tax, we will add it to your invoice.

5.11Refunds

Refunds of Fees are governed by the Refund Policy. Refunds that you give your Members are your decision and your responsibility, as described in Section 7.

6.Our role in your business

6.1We provide the platform

We provide the software and infrastructure you use to run your business. You are the seller of everything you offer on your Creator Site. Except to the extent the Payment Terms provide otherwise under [Merchant of record model], each Member Transaction is a contract between you and your Member alone. We are not a party to it, we are not your agent, and we do not guarantee that you or your Members will perform.

6.2Stripe

Payments for Fees and Member Transactions are processed by Stripe. To accept Member Transactions and receive payouts, you must set up and maintain a Stripe account in good standing and accept Stripe's terms, as described in the Payment Terms. Stripe may review your business, hold funds, or decline transactions under its own terms. We are not responsible for Stripe's acts or omissions.

6.3No guarantee of results

We do not promise that you will earn any amount of revenue, attract any number of Members, or achieve any particular result by using the Services. Our marketing statements about results are subject to the Earnings and Results Disclaimer.

6.4Disputes between you and your Members

Disputes between you and your Members, including disputes about quality, delivery, access, pricing, refunds, and chargebacks, are for you and your Members to resolve. We may choose to help, but we have no obligation to do so. TO THE EXTENT THE LAW ALLOWS, YOU RELEASE ZINSTRUCT FROM CLAIMS ARISING OUT OF DISPUTES BETWEEN YOU AND YOUR MEMBERS, EXCEPT TO THE EXTENT A CLAIM RESULTS FROM OUR BREACH OF THE AGREEMENT.

6.5Independent parties

You and Zinstruct are independent contractors. The Agreement does not create a partnership, joint venture, employment, franchise, or agency relationship.

7.Your responsibilities to Members

7.1Your own legal documents

You must publish, on your Creator Site and in a place Members can easily find, your own:

• terms of sale or terms of use that govern your relationship with your Members;
• refund policy;
• privacy notice that explains how you collect and use Member Data, including through Community AI; and
• any other notice or disclosure the law requires for your business, such as automatic-renewal disclosures for Member subscriptions.

We supply the platform, not your legal relationship with your Members. We may offer tools that help you display these documents, but we do not write them for you and do not provide legal advice.

7.2Consistency with our Policies

Your terms with Members must not conflict with the Member Terms, the Acceptable Use Policy, or the Community Guidelines, and must not claim to create obligations for Zinstruct.

7.3Following the law

You are responsible for complying with every law that applies to your business, your Creator Content, and your dealings with Members. This includes consumer protection, advertising and endorsement, automatic-renewal, tax, licensing, accessibility, export, anti-spam, and data protection laws, in every place where you sell or where your Members are located.

7.4Delivery, service, and refunds

You are responsible for delivering what you sell, providing customer service to your Members, deciding and issuing refunds under your own refund policy, and handling chargebacks and payment disputes as the Payment Terms describe.

7.5Member Data

For Member Data, you are the controller and we are your processor. You are responsible for having a lawful basis to collect and use Member Data, giving your Members the notices the law requires, obtaining any consents you need, and responding to your Members' requests to exercise their privacy rights. If we receive a privacy request from one of your Members, we will forward it to you or direct the Member to you as the Data Processing Addendum describes.

7.6Children

If your Creator Content targets children, you must comply with the Children's Online Privacy Protection Act (COPPA) and every other applicable law, and you must not use the Services in a way that causes Zinstruct to collect Personal Data from children without the consent the law requires.

7.7Taxes on your sales

Unless the Payment Terms provide otherwise, you are responsible for determining, collecting, reporting, and paying all taxes on Member Transactions.

8.Creator Content

8.1You own your Creator Content

As between you and Zinstruct, you keep all ownership rights in your Creator Content. Nothing in the Agreement transfers ownership of your Creator Content to us.

8.2The license you give us

You grant Zinstruct a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, format, display, perform, and distribute your Creator Content, and to make technical adaptations of it (such as transcoding video or resizing images), only as needed to:

• provide, operate, maintain, and secure the Services for you;
• make your Creator Content available to your Members and to anyone else you choose through your Creator Site;
• supply your Creator Content to Community AI and other AI features that you turn on, as described in Section 9;
• comply with the law and enforce the Policies; and
• carry out any other use you ask for or approve.

We may extend this license to our Sub-processors and service providers only so they can help us do those things. We treat Creator Content that you have not made public, such as paywalled lessons and the sources you give Community AI, as your Confidential Information. The license ends when you delete the Creator Content or your Account is deleted, except for copies kept in backups or retained under Section 19.5, the law, or the Data Processing Addendum, which remain subject to the Agreement until they are deleted.

8.3Showcasing your Creator Site

We will not feature your name, logo, or Creator Site in our marketing without your permission. You can withdraw that permission at any time for future marketing.

8.4AI training

Whether any Creator Content, Member Data, or other data is used to train AI models is governed by [AI training policy], as set out in the AI Terms. Section 8.2 does not grant any broader right to use your Creator Content for training.

8.5Your promises about Creator Content

You promise that:

• you own or have all rights, licenses, consents, and releases needed to publish your Creator Content and to grant the license in Section 8.2, including rights in any music, images, video, likenesses, and third-party materials it contains;
• your Creator Content, and our use of it as the Agreement permits, will not infringe or misappropriate anyone's intellectual property, privacy, publicity, or other rights; and
• your Creator Content complies with the law and the Policies.

8.6Backups

We maintain backups to operate the Services, but we do not promise to preserve any specific copy of your Creator Content. Keep your own copies of anything you cannot afford to lose.

8.7Review and removal

We do not review Creator Content before it is published, and we have no obligation to monitor it. We may review, restrict, or remove any Creator Content, and any content in a Community, that we reasonably believe violates the law or the Policies, or that exposes Zinstruct, Members, or others to harm. Where it is practical and lawful, we will tell you what we removed and why. The Acceptable Use Policy describes our enforcement steps and how to appeal.

8.8Copyright complaints

We respond to notices of claimed copyright infringement and terminate the Accounts of repeat infringers in appropriate circumstances, as described in the Copyright (DMCA) Policy.

9.Community and Community AI

9.1Your Community

You run your own Community. You may set rules for it in addition to the Community Guidelines, as long as your rules do not conflict with the Policies. You are responsible for moderating your Community. We may also act on any Community, anywhere on the Services, to enforce the Policies or the law.

9.2What Community AI does

If you turn on Community AI, it generates posts from sources you provide, answers questions from your Members, and gives you insights based on the sentiment of activity in your Community. The AI Terms describe Community AI in more detail.

9.3Community AI posts without approval

COMMUNITY AI PUBLISHES POSTS AND ANSWERS IN YOUR COMMUNITY AUTOMATICALLY, WITHOUT ANY HUMAN REVIEWING OR APPROVING THEM FIRST. BY TURNING ON COMMUNITY AI, YOU CHOOSE TO LET IT OPERATE THIS WAY AND YOU ACCEPT THE RISKS THAT COME WITH IT. You can turn Community AI off, change its sources, and remove anything it has posted.

9.4You are responsible for AI Output in your Community

As between you and Zinstruct, AI Output published in your Community or delivered to your Members is your Creator Content, and you are responsible for it as if you had written it yourself. This includes making sure it is lawful, accurate enough for how your Members will use it, and consistent with the Policies. You must monitor your Community and promptly remove or correct AI Output that is inaccurate, harmful, infringing, or otherwise inappropriate.

9.5AI Output can be wrong

AI OUTPUT IS GENERATED BY PROBABILISTIC MODELS. IT MAY BE INACCURATE, INCOMPLETE, OUT OF DATE, BIASED, OR SIMILAR TO CONTENT GENERATED FOR OTHERS. IT IS NOT PROFESSIONAL ADVICE. ZINSTRUCT DOES NOT GUARANTEE THE ACCURACY, QUALITY, ORIGINALITY, OR SUITABILITY OF ANY AI OUTPUT. You must not configure Community AI to present itself as giving medical, legal, financial, or other professional advice.

9.6Telling Members they are talking to AI

The Services identify Community AI posts and answers as AI-generated. You must not remove, hide, or obscure that identification, and you must not present Community AI as a human. You must also tell your Members, in your own privacy notice or terms, that your Community uses AI and that their posts and questions may be processed by it.

9.7Member content as AI input

When Community AI is on, content your Members post in your Community and questions they ask Community AI may be sent to an AI model to generate AI Output. That content is Member Data, and we process it on your behalf under the Data Processing Addendum. You are responsible for having a lawful basis and giving any notice the law requires for that processing.

9.8Paying for AI usage

You pay for Community AI in one of two ways:

• Platform-metered usage. We run Community AI through AI model providers we select and bill you for usage as described in the AI Terms and the Payment Terms.
• Creator AI Key. You connect a Creator AI Key, and your AI provider bills you directly.

9.9If you connect a Creator AI Key

If you connect a Creator AI Key:

• you authorize us to send prompts, your sources, Member content, and other inputs to your AI provider using your key, and to receive AI Output back;
• your relationship with your AI provider is governed by your agreement with that provider, and you are responsible for complying with it, including its usage policies and any restrictions on the content you send;
• you are responsible for all charges your AI provider bills to you;
• you are responsible for keeping your key valid and for rotating or revoking it if you believe it has been compromised; and
• your AI provider is a Third-Party Service. We are not responsible for its acts, omissions, availability, security, or data practices, or for how it uses data you send it.

We will store your Creator AI Key using reasonable security measures and use it only to provide the Services to you.

9.10Prohibited AI uses

You must not use Community AI or any other AI feature in a way the AI Terms or the Acceptable Use Policy prohibits.

10.Email and newsletters

10.1Your sending

You may use the Services to send newsletters and other bulk email to people who have confirmed that they want to receive it. You are the sender of every email you send through the Services, and you are responsible for its content and for complying with anti-spam and consent laws, including the CAN-SPAM Act and equivalent laws in other countries.

10.2Rules for sending

Your sending must follow the Email and Anti-Spam Policy, which covers consent, unsubscribe handling, sender identification, and list hygiene.

10.3We may limit or suspend sending

We may throttle, limit, or suspend your ability to send email, with or without notice, if your complaint or bounce rates, your list practices, or a report we receive suggests abuse or puts our sending reputation at risk. Suspension of sending does not suspend your other obligations under the Agreement.

10.4Transactional email

We send transactional email, such as login links, verification messages, and product delivery messages, on your behalf to your Members. These messages are part of the Services.

11.Acceptable use

11.1The rules

You must use the Services only as the law and the Policies allow. The Acceptable Use Policy and the Community Guidelines set out what is not allowed, including prohibited content and prohibited business categories. You are responsible for making sure your Authorized Users and your Members follow those rules on your Creator Site.

11.2Restrictions on using the Services

Unless we agree in writing, you must not:

• copy, modify, or create derivative works of the Services;
• reverse engineer, decompile, or try to extract the source code of the Services, except to the extent the law expressly allows despite this restriction;
• resell, sublicense, rent, or lease the Services, or operate them as a service bureau for others;
• access the Services with bots, scrapers, or other automated tools, except through the interfaces we provide for that purpose;
• probe, scan, or test the vulnerability of the Services, except as the Vulnerability Disclosure Policy permits;
• circumvent usage limits, security measures, or access controls;
• interfere with the Services or with other Creators' use of them; or
• use the Services to build or benchmark a competing product.

11.3Unlawful intimate images

We maintain a process for anyone to request removal of intimate images published without the depicted person's consent, and we remove such images when the law requires us to. You must not publish such images and must cooperate with any removal.

11.4Legal requests

We respond to subpoenas, court orders, and other legal requests as described in the Law Enforcement and Legal Request Guidelines.

12.Our intellectual property and Feedback

12.1Our rights

We and our licensors own the Services, including all software, designs, templates, documentation, and trademarks, and all intellectual property rights in them. Subject to the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your Subscription to run your business. We reserve every right not expressly granted.

12.2Our name and marks

You may not use the Zinstruct name, logo, or other trademarks in a way that suggests we sponsor or endorse you, or register any domain name, social media handle, or paid-search keyword that includes our trademarks or a confusingly similar term, unless we agree in writing. The "Powered by Zinstruct" or similar attribution that the Services display is permitted.

12.3Feedback

If you give us Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it for any purpose without paying you or crediting you. We are not required to use Feedback or keep it confidential.

12.4Aggregated Data

We may create and use Aggregated Data to operate, improve, secure, and market the Services, and to publish statistics about the use of the Services. We will not try to re-identify any person from Aggregated Data, and we will not publish Aggregated Data in a form that identifies you, your Creator Site, or any Member.

13.Privacy, data protection, and security

13.1When we are the controller

We are the controller of Personal Data about you and your Authorized Users, of data about visitors to zinstruct.com, and of data we use for our own marketing. The Privacy Notice and the US State Privacy Notice explain how we handle that data. The Cookie Notice explains our use of cookies.

13.2When we are your processor

For Member Data, you are the controller and we are your processor (a "service provider" or "processor" under US state privacy laws). We process Member Data only to provide the Services and as you instruct, under the Data Processing Addendum. By accepting these Terms of Service, you also accept the Data Processing Addendum.

13.3Sub-processors

We use Sub-processors to help provide the Services. The Sub-processor List names them and explains how we tell you about changes.

13.4Security

We use reasonable administrative, technical, and physical safeguards designed to protect the Services and the data we hold. You are responsible for securing your own systems, credentials, and devices, and for configuring the Services' security settings appropriately for your business. The Data Processing Addendum states our security commitments and breach notice obligations for Member Data.

13.5Payment card data

Stripe processes payment card data. Zinstruct does not store full card numbers. You must not ask Members to send card data to you through a Community, email, or any other part of the Services outside the payment flows we provide.

14.Confidentiality

14.1Protecting Confidential Information

Each party will use the other party's Confidential Information only to perform its obligations or exercise its rights under the Agreement. Each party will protect the other's Confidential Information with at least the care it uses for its own similar information, and never less than reasonable care.

14.2Permitted disclosure

A party may share the other's Confidential Information with its employees, contractors, advisers, and service providers who need to know it for the Agreement and who are bound by confidentiality duties at least as protective as this Section. A party may also disclose Confidential Information if the law or a court requires it. Where the law allows, that party will give the other party advance notice and reasonable help to seek protection.

14.3How long this lasts

These obligations last while the Agreement is in effect and continue for as long as the information remains Confidential Information.

15.Third-Party Services

15.1Your choice to use them

The Services may let you connect or use Third-Party Services, including Stripe, your AI provider under a Creator AI Key, domain registrars, and other integrations. Your use of a Third-Party Service is governed by your agreement with its provider. You are responsible for reviewing and complying with those terms and paying any charges.

15.2Data you share with them

When you enable a Third-Party Service, you authorize us to exchange data with it as needed for the connection to work. Once data leaves the Services for a Third-Party Service, the provider's terms and privacy practices govern it, not ours.

15.3No responsibility for Third-Party Services

WE DO NOT CONTROL THIRD-PARTY SERVICES AND ARE NOT RESPONSIBLE FOR THEIR AVAILABILITY, SECURITY, ACCURACY, OR DATA PRACTICES, OR FOR ANY LOSS CAUSED BY THEM. Making a Third-Party Service available through the Services is not an endorsement. We may stop supporting a Third-Party Service at any time, for example if its provider changes its terms or it creates a security risk.

16.Beta Features

We may offer Beta Features for you to try. Beta Features may be incomplete, may change or be withdrawn at any time, may have separate terms we tell you about, and may not be covered by support or the Service Level Terms. BETA FEATURES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OR COMMITMENT, AND YOU USE THEM AT YOUR OWN RISK. Unless we say otherwise, you must keep non-public information about Beta Features confidential as our Confidential Information.

17.Availability, support, and changes to the Services

17.1Availability

We work to keep the Services available and performing well, but the Services may sometimes be unavailable, including for planned maintenance, emergency fixes, or events outside our control. Any commitment we make about availability is set out only in the Service Level Terms.

17.2Support

We provide support as described in the Support Terms. You are responsible for supporting your own Members.

17.3Changes to the Services

We may add, change, or remove features of the Services from time to time. If we remove a feature that was listed as included in your plan when you bought or last renewed your Subscription, we will notify you by email or through the Services at least [Change notification period] before the removal. If you cancel because of that removal before your next renewal, we will refund the prepaid Fees for the unused part of your current billing cycle.

18.Suspension

18.1When we may suspend

We may suspend all or part of your access to the Services, your Creator Site, or specific features if we reasonably believe that:

• Fees are overdue, as described in the Payment Terms;
• you or your Authorized Users have materially breached the Agreement, including the Acceptable Use Policy;
• your use of the Services poses a security risk to the Services, to Zinstruct, to other Creators, or to Members;
• your use of the Services involves fraud or unusual chargeback or dispute activity, or Stripe has restricted your account;
• suspension is needed to protect Members or third parties from harm; or
• the law, a court, or a government authority requires it.

18.2How we suspend

We will limit a suspension to what is reasonably needed to address the problem. We will tell you before we suspend when it is practical and lawful to do so, and otherwise promptly afterwards. We will restore access once the problem is resolved.

18.3Effect of suspension

While you are suspended, your Creator Site or parts of it may be unavailable to your Members. If we suspend you because of your breach or unpaid Fees, Fees continue to accrue during the suspension.

19.Termination

19.1Termination by you

You may end the Agreement at any time by cancelling your Subscription as described in Section 5.4 and closing your Account. Cancellation takes effect at the end of your current billing cycle.

19.2Termination by us for convenience

We may end the Agreement for any reason by giving you at least [Termination for convenience notice period] notice. If we do, we will refund the prepaid Fees for any period after termination.

19.3Termination for material breach

Either party may end the Agreement by written notice if the other party materially breaches it and does not cure the breach within [Cure period] after receiving written notice describing it. If you end the Agreement under this Section because of our breach, we will refund the prepaid Fees for the period after termination.

19.4Immediate termination by us

We may end the Agreement immediately, by notice to you, if:

• you or your Authorized Users seriously or repeatedly violate the Acceptable Use Policy or the law;
• you engage in fraud or use the Services for illegal activity;
• you become subject to sanctions described in Section 4.1;
• your use of the Services poses a serious security threat that cannot be addressed by suspension; or
• the law requires us to stop providing the Services to you.

19.5Exporting and deleting your data

For [Data export window] after the Agreement ends, you may export your Creator Content and Member Data using the export tools the Services provide, unless the law prohibits it. During that period your Creator Site is not available to Members. After that period ends, we will delete your Creator Content and Member Data under the [Retention schedule] and the Data Processing Addendum, except for copies we must keep by law or that remain in backups until they are overwritten. It is your responsibility to export what you need before the export period ends.

19.6Effect of termination

When the Agreement ends:

• your right to use the Services ends, and your Creator Site goes offline;
• your Members lose access to your Creator Content and Communities through the Services;
• you remain responsible to your Members for anything you sold them, including any refunds, continued access, or notice your terms or the law require, and you must tell your Members before your Creator Site goes offline;
• all unpaid Fees become due immediately;
• no Fees are refunded, except as Sections 17.3, 19.2, 19.3, and 22.2, the Refund Policy, or the law provide; and
• pending payouts and reserves are handled as the Payment Terms describe.

19.7Survival

These Sections survive the end of the Agreement: 1, 3, 5 (for Fees owed), 6, 7, 8.2 (for retained copies), 8.5, 8.8, 9.4, 9.5, 9.9, 12, 13 (for as long as we hold your data), 14, 15.3, 19, 20, 21, 22, 23, and 24, and any other provision that by its nature is meant to survive.

20.Warranty disclaimers

THE SERVICES, AI OUTPUT, AND BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, ZINSTRUCT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

ZINSTRUCT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR APPROPRIATE; THAT ANY DATA WILL BE PRESERVED WITHOUT LOSS; OR THAT YOU WILL ACHIEVE ANY REVENUE OR RESULT BY USING THE SERVICES. ZINSTRUCT MAKES NO WARRANTY ABOUT THIRD-PARTY SERVICES, CREATOR CONTENT, OR THE CONDUCT OF ANY MEMBER OR CREATOR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, THE EXCLUSIONS ABOVE APPLY TO THE FULLEST EXTENT THE LAW PERMITS.

21.Limitation of liability

21.1No indirect damages

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

21.2Liability cap

**TO THE FULLEST EXTENT THE LAW ALLOWS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE SERVICES, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED [Liability cap].**

21.3Exceptions

SECTIONS 21.1 AND 21.2 DO NOT LIMIT:

• YOUR OBLIGATION TO PAY FEES;
• YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 22.1;
• LIABILITY FOR YOUR BREACH OF SECTION 11.2 OR YOUR INFRINGEMENT OR MISAPPROPRIATION OF ZINSTRUCT'S INTELLECTUAL PROPERTY;
• EITHER PARTY'S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL AND WANTON CONDUCT, OR FRAUD; OR
• ANY LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED OR EXCLUDED.

21.4Why these limits exist

THE FEES REFLECT THE ALLOCATION OF RISK IN THIS SECTION 21 AND IN SECTION 20. THESE LIMITS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22.Indemnification

22.1Your indemnity

You will defend Zinstruct, its affiliates, and their officers, employees, and agents against any claim, demand, or proceeding brought by a third party (including a Member or a government authority), and will pay any resulting damages, fines, penalties, settlement amounts, and reasonable attorneys' fees, to the extent it arises from:

• your Creator Content, including AI Output published in your Community or delivered to your Members;
• the products, services, and offers you sell, and your Member Transactions;
• your dealings with your Members, including refunds, chargebacks, delivery, and claims under consumer protection or privacy laws;
• email you send through the Services;
• your use of a Creator AI Key or any other Third-Party Service;
• your breach of the Agreement or violation of the law or of anyone's rights; or
• the acts and omissions of your Authorized Users.

22.2Our indemnity

We will defend you against any claim brought by a third party alleging that the Services, as we provide them to you, infringe that party's United States patent, copyright, or trademark or misappropriate its trade secret, and will pay any resulting damages and reasonable attorneys' fees finally awarded or agreed in a settlement we approve. This indemnity does not cover claims arising from Creator Content, AI Output, Third-Party Services, Beta Features, your modification of the Services, your combination of the Services with anything we did not provide, or your use of the Services in breach of the Agreement. If the Services are, or we believe they may be, subject to such a claim, we may modify them to be non-infringing, obtain the right for you to keep using them, or end the Agreement and refund prepaid Fees for the period after termination. THIS SECTION 22.2 STATES OUR ENTIRE LIABILITY, AND YOUR ONLY REMEDY, FOR CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION.

22.3Indemnity process

The party seeking protection must give the other party prompt written notice of the claim, allow it to control the defense and settlement, and provide reasonable cooperation at the defending party's expense. Delay in giving notice reduces the defending party's obligations only to the extent the delay harms the defense. The defending party may not settle a claim in a way that admits fault by, or imposes an obligation other than payment on, the protected party without that party's written consent, which may not be unreasonably withheld. The protected party may take part in the defense with its own counsel at its own cost.

23.Governing law and dispute resolution

23.1Governing law

The rest of this Section 23 sets out how that works, including the exceptions for small claims and for relief to protect rights. The Federal Arbitration Act governs the interpretation and enforcement of any agreement to arbitrate in this Section 23.

23.2Try to resolve it informally first

Before starting an arbitration or lawsuit, a party must send the other a written Notice of Dispute. You send yours by email to support@zinstruct.com, with "Notice of Dispute" in the subject line, and by mail to the address in Section 26. We send ours to the email address on your Account. The Notice of Dispute must include the sender's name, the email address associated with the Account, a description of the dispute, and the relief requested. The parties will then try in good faith to resolve the dispute for [Informal resolution period] after the Notice of Dispute is received, including by a call or video meeting if either party asks for one. Any time limit for bringing the claim is paused during this period. Either party may skip this step to seek the relief described in Section 23.5.1.

23.3Alternative A: Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND ZINSTRUCT TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED IN SECTION 23.3.10.

23.3.1Agreement to arbitrate

If a dispute is not resolved under Section 23.2, you and Zinstruct agree to resolve any dispute, claim, or controversy arising out of or relating to the Agreement or the Services, including their formation, existence, scope, validity, interpretation, breach, and termination, by final and binding arbitration on an individual basis. The arbitrator, not a court, decides all questions about whether a dispute must be arbitrated, including questions about the scope, validity, and enforceability of this Section 23.3, except as Section 23.3.7 provides.

23.3.2What is not arbitrated

The following do not have to be arbitrated:

• Small claims. Either party may bring an individual claim in small claims court in [Venue county], Colorado, or in the county where you have your principal place of business, if the claim qualifies and stays in that court on an individual basis.
• Injunctive relief. Either party may seek the relief described in Section 23.5.1 in court.
• Non-arbitrable claims. Any claim that the law does not allow to be subject to a pre-dispute arbitration agreement.

23.3.3Rules and administrator

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules in effect when the arbitration is filed. If the AAA determines that its Consumer Arbitration Rules apply to your dispute, those rules apply instead. When the AAA's Mass Arbitration Supplementary Rules apply, they apply as well. The AAA's rules are available at adr.org. If the AAA is unable or unwilling to administer the arbitration, the parties will agree on a substitute administrator, or a court will appoint one under 9 U.S.C. § 5. If these terms conflict with the AAA's rules, these terms control, except where the AAA's rules do not allow it.

23.3.4Seat and hearings

The seat of the arbitration is [Venue county], Colorado. The arbitrator may hold hearings by video or telephone, or decide the dispute on written submissions, where the applicable rules allow it. A party may ask for an in-person hearing, and the arbitrator decides whether to hold one.

23.3.5The arbitrator and the award

A single arbitrator will decide the dispute. The arbitrator may award any individual relief that a court could award under the Agreement and the law, but only in favor of the individual party seeking relief and only to the extent needed to provide relief on that party's individual claim. The arbitrator will issue a written decision explaining the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction. An award has no preclusive effect in any other arbitration or proceeding involving a different Creator.

23.3.6Fees and costs

The AAA's fee schedules decide how filing, administrative, and arbitrator fees are allocated. If you are an individual and you show that the fees would be prohibitively expensive compared with the cost of litigation, we will pay as much of those fees as the arbitrator finds necessary to prevent the arbitration from being cost-prohibitive. Each party pays its own attorneys' fees and costs, unless the applicable rules or the law allow the arbitrator to award them. The arbitrator may award fees and costs against a party whose claim or defense was frivolous or brought for an improper purpose.

23.3.7Class action waiver

YOU AND ZINSTRUCT MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING A PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one party's claims, and may not preside over any form of class, collective, or representative proceeding, unless both parties agree in writing. Procedures under the AAA's Mass Arbitration Supplementary Rules are not a class proceeding for this purpose. Only a court, not the arbitrator, may decide whether this Section 23.3.7 is valid and enforceable. If a court finally decides that this Section 23.3.7 cannot be enforced for a particular claim or remedy, then that claim or remedy, and only that claim or remedy, will be decided by the state courts located in [Venue county], Colorado, or the United States District Court for the District of Colorado, after all individual claims have been arbitrated. The rest of this Section 23.3 continues to apply.

23.3.8Mass filings

If the AAA's Mass Arbitration Supplementary Rules apply, the parties will cooperate in good faith with the administrator and any process arbitrator to resolve the cases efficiently, including by agreeing to process cases in batches or to arbitrate representative cases first where the rules allow. Any time limit for bringing a claim is paused for a case while it waits to be processed under this Section.

23.3.9Jury trial waiver

BY AGREEING TO ARBITRATE, YOU AND ZINSTRUCT EACH GIVE UP THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE FOR ANY DISPUTE COVERED BY THIS SECTION 23.3.

23.3.10Your right to opt out

You may opt out of this Section 23.3 by sending an email to support@zinstruct.com, with "Arbitration Opt-Out" in the subject line, within [Arbitration opt-out window] after you first accept these Terms of Service. Your email must include your name, the email address associated with your Account, and a clear statement that you are opting out of arbitration. If you opt out, disputes between you and Zinstruct will be decided exclusively by the state courts located in [Venue county], Colorado, or the United States District Court for the District of Colorado, and you and Zinstruct consent to the personal jurisdiction of those courts. IN THAT CASE, TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND ZINSTRUCT EACH WAIVE THE RIGHT TO A TRIAL BY JURY, AND EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Opting out does not affect any other part of the Agreement. A valid opt-out remains in effect for later versions of these Terms of Service.

23.3.11Survival

This Section 23.3 survives the end of the Agreement.

23.4Alternative B: Courts

23.4.1Where disputes are decided

If a dispute is not resolved under Section 23.2, it will be decided exclusively by the state courts located in [Venue county], Colorado, or the United States District Court for the District of Colorado. You and Zinstruct consent to the personal jurisdiction of those courts and waive any objection that they are an inconvenient forum.

23.4.2Small claims

Either party may bring an individual claim in small claims court in [Venue county], Colorado, or in the county where you have your principal place of business, if the claim qualifies.

23.4.3Jury trial waiver

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND ZINSTRUCT EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES.

23.4.4Individual claims only

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND ZINSTRUCT MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

23.5Provisions that apply under either alternative

23.5.1Relief to protect rights

Either party may ask any court with jurisdiction for a temporary restraining order, preliminary injunction, or similar relief to protect its intellectual property rights or Confidential Information, or to stop unauthorized access to or misuse of the Services, without first following Section 23.2. Seeking that relief does not waive any agreement to arbitrate in this Section 23.

23.5.2Changes to this Section

If we change this Section 23, the change will not apply to any dispute for which a party sent a Notice of Dispute before the change takes effect.

23.5.3International sale of goods

The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.

24.General terms

24.1Entire agreement

The Agreement is the entire agreement between you and Zinstruct about the Services. It replaces all earlier agreements and understandings on that subject. Terms in any purchase order or other document you send us do not apply, even if we accept or sign it.

24.2Assignment

You may not assign or transfer the Agreement without our prior written consent, except to a successor to all or substantially all of your business or assets, with written notice to us. We may assign the Agreement without your consent to an affiliate or to a successor in a merger, acquisition, or sale of all or substantially all of our business or assets. Any other attempted assignment is void. The Agreement binds and benefits the parties and their permitted successors and assigns.

24.3Notices

We give you notices by email to the address on your Account or through the Services. You give us routine notices by email to support@zinstruct.com. Notices of breach, termination, or a legal claim must be sent by email to support@zinstruct.com and by mail to the address in Section 26. Email notice is received when sent, unless the sender receives a delivery failure message.

24.4Electronic communications

You agree to receive notices, agreements, disclosures, and other communications from us electronically, and you agree that they satisfy any legal requirement that they be in writing.

24.5Events outside our control

Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, war, terrorism, civil unrest, labor disputes, government action, widespread internet or utility failures, or failures of third-party hosting providers. This Section does not excuse your obligation to pay Fees.

24.6Severability and waiver

If a court or arbitrator finds any provision of the Agreement unenforceable, that provision will be enforced to the maximum extent possible, and the rest of the Agreement stays in effect, except as Section 23 provides for its class action waiver. A party's failure or delay in enforcing a provision is not a waiver of its right to enforce it later.

24.7No third-party beneficiaries

The Agreement benefits only you and Zinstruct. Members, Partners, and other third parties have no rights under these Terms of Service, except for the persons protected under Section 22.

24.8Export and sanctions compliance

You must comply with all US and other applicable export control and sanctions laws in using the Services. You must not allow anyone described in Section 4.1 as ineligible to access the Services through your Account.

24.9Interpretation

Headings are for convenience only. "Including" and similar words mean "including without limitation." The short version at the top of this document is a summary only and has no legal effect. These Terms of Service are written and controlled in English. Any translation is for convenience only.

25.Changes to this policy

25.1How we make changes

We may update these Terms of Service and the other Policies from time to time. We will post the updated version in the Policy Center and change the "Last updated" date.

25.2Notice of material changes

If a change is material, we will notify you by email or through the Services at least [Change notification period] before it takes effect. Other changes take effect when we post them. We may make changes that take effect sooner, with notice as soon as practical, when needed to comply with the law, to address a security risk, or to prevent fraud or abuse. Changes to Fees follow Section 5.6. Changes to Section 23 are also subject to Section 23.5.2.

25.3Your choice

If you continue to use the Services after a change takes effect, you accept the updated Policies. If you do not agree to a material change, you may cancel your Subscription as described in Section 5.4 during the notice period. If you do, the change will not apply to you before your cancellation takes effect, unless the law requires the change.

26.Contact us