Terms and Conditions

Information Accuracy

You are responsible for ensuring that all information you provide to us is accurate, current, and complete. You must promptly update your information if it changes. We reserve the right to suspend or terminate access if any information you provide proves to be inaccurate or fraudulent.

Account Security

If you create an account or receive access credentials, you are responsible for maintaining the confidentiality of your login information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Professional Conduct

You agree to conduct all communications with our team in a professional and respectful manner. We reserve the right to refuse service or terminate discussions with individuals who engage in abusive, threatening, or inappropriate behavior.

Indemnification

You agree to indemnify, defend, and hold harmless Zephyrclaw and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of our website.

Third-Party Interactions

Your interactions with third parties found on or through our website, including payment processing, delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. We are not responsible for any loss or damage incurred as a result of such dealings.

Maximum Liability

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six-month period prior to any cause of action arising, or €500 EUR, whichever is less.

Exclusion of Consequential Damages

Under no circumstances shall we be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with your use of the website, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or any other legal theory.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions, you and we agree to first attempt to negotiate any dispute informally for at least 30 days before initiating any legal proceedings. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration conducted in Madrid, Spain, in accordance with Spanish arbitration law. The arbitration shall be conducted by a single arbitrator agreed upon by both parties.

Exceptions to Arbitration

The following disputes are not subject to the arbitration provisions:

• Any disputes seeking to enforce or protect intellectual property rights
• Any claim for injunctive relief
• Any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use

Class Action Waiver

You and we agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts in a representative capacity.

Choice of Law

These Terms and Conditions and your use of the website are governed by and construed in accordance with the laws of Spain and the European Union applicable to agreements made and entirely performed within Spain, without regard to its conflict of law principles.

Jurisdiction

You agree to submit to the personal jurisdiction of the courts located in Madrid, Spain, for any actions for which arbitration is not required under these Terms and Conditions. You waive any objection to jurisdiction and venue in such courts.

European Union Users

If you are a consumer resident in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident, and nothing in these Terms and Conditions affects your rights as a consumer to rely on such mandatory provisions.

Right to Modify Terms

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by posting the updated terms on this page and updating the "Effective Date." Your continued use of the website after such modifications constitutes your acceptance of the updated Terms and Conditions.

Severability

If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. The remainder of the Terms and Conditions will continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Terms of Service, Privacy Policy, and Cookie Policy, constitute the sole and entire agreement between you and Zephyrclaw regarding the website and supersede all prior understandings, agreements, representations, and warranties, both written and oral, regarding the website.

No Waiver

No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.