ZEMERS TERMS OF SERVICE
Welcome to Zemers.
These Terms of Service ("Terms") govern your access to and use of the Zemers platform, including the website located at https://zemers.com, creator storefronts hosted on the platform under /@{username}, the Client area, the Affiliate dashboard, the ZemersAI tools, and all associated services, features, and technologies (collectively, the "Service").
The Service is operated by VINCITUS MK S.R.L. (CUI 42840739), a Romanian limited-liability company with registered address at Str. Iosif Vulcan, Bistrița, Bistrița-Năsăud, Romania, doing business as "Zemers" ("Zemers", "we", "us" or "our").
Zemers provides an online platform that enables content creators ("Creators") to publish, sell, and deliver digital products, services, and content ("Creator Content") to their customers ("Customers"). Creators may also use the platform to manage marketing tools, affiliates, subscriptions, team members, and access to their digital content. The Service additionally supports the following roles:
"Team Members" — individuals invited by a Creator to collaborate on the Creator's tenant (store), with granular role-based permissions (Admin, Manager, Editor, Viewer);
"Affiliates" — individuals or entities who promote a Creator's products through unique referral links and earn commissions on resulting sales;
"Visitors" — any person browsing public pages of the Service without being authenticated.
A single Zemers user account may hold more than one role at the same time (e.g., a Creator may also be a Customer of another Creator and an Affiliate).
By accessing, browsing, creating an account, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Service.
If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.
We may modify these Terms from time to time. When we make material changes, we will update the "Date of Last Revision" at the top of this page and may notify users through the platform interface or by email where appropriate. Your continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy, the Cookie Policy, the Affiliate Agreement (including its Self-Billing Annex) and any AI-specific notices. All such terms are hereby incorporated by reference into these Terms. Our Privacy Policy describes how we collect, use, and process personal information and is available at: https://zemers.com/privacy-policy/.
The Service provides an online platform that enables Creators to create storefronts, publish content, sell digital products and services, and manage access to their content. Creators may use the Service to:
create and manage digital products and pricing options (one-time, subscription, free opt-in);
sell access to digital content such as courses, articles, memberships, downloads or other materials;
attach platform features ("Apps") to products, such as blogs, courses, forums, bookings or virtual events;
grant, restrict, or revoke access to content for Customers;
manage subscriptions, refunds, discounts, promotional campaigns, codes, banners, popups, and marketing tools;
enable affiliate programs for their products and set per-product commission rates;
invite Team Members to collaborate on the operation of their store;
customize their storefront branding, public pages, legal pages, and thank-you pages;
use ZemersAI features to assist with content creation.
Customers may use the Service to browse storefronts, purchase or access Creator Content, manage their subscriptions and payment methods, request refunds where applicable, request waitlist sign-ups, access course progress, and interact with Creator support channels.
Zemers acts solely as a provider of the platform infrastructure and tools used by Creators to manage their digital businesses. Except for fees related to the use of the platform itself, Zemers is not a party to any transactions between Creators and Customers. Any purchase of Creator Content through the Service constitutes a transaction directly between the Creator and the Customer.
Zemers does not create, own, control, or endorse Creator Content available through the Service. Creators are solely responsible for:
the legality, accuracy, and quality of their Creator Content;
ensuring that they have all necessary rights to publish and sell such content;
delivering the products or services described in their offers;
providing customer support related to their products;
defining and honoring their own refund or cancellation policies;
complying with applicable laws and regulations, including tax law;
defining and publishing their own terms of use and privacy policy where required (Zemers provides default templates if a Creator chooses not to set their own).
Zemers does not control and does not guarantee: (a) the quality, legality, safety, or suitability of Creator Content; (b) the accuracy of descriptions provided by Creators; (c) the ability of Creators to fulfill purchases; (d) the ability of Customers to complete payments; (e) that transactions between users will be completed successfully; (f) the safety or legality of communications between users.
Zemers is not responsible for disputes between Creators and Customers.
In order to access certain features of the Service, you must create an account. When registering for an account, you agree to provide accurate, current, and complete information and to keep such information updated. Your registration information and personal data will be processed in accordance with our Privacy Policy.
Zemers uses passwordless authentication (one-time codes sent by email, or sign-in with Google or Apple). You must be at least 16 years old to use the Service. If you create an account on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
A single user account may hold one or more of the roles described above (Creator, Team Member, Customer, Affiliate). The Service uses role-based feature flags to enable or hide functionality depending on the role you operate in.
You are responsible for all activity occurring under your account. You agree to:
keep your sign-in email and any linked third-party authentication providers (Google, Apple) secure;
promptly review and act on the new-device email alerts that Zemers sends when a sign-in occurs from a previously unrecognized browser or device fingerprint;
immediately notify Zemers of any unauthorized use of your account or any breach of security;
ensure that you log out of your account at the end of each session when using shared devices.
Accounts may not be transferred to another person without the prior written consent of Zemers. Zemers will not be liable for any loss or damage resulting from unauthorized use of your account.
Zemers reserves the right to modify, update, suspend, or discontinue any part of the Service at any time. We may add, remove, or modify features or functionality of the platform in order to improve the Service, address security concerns, comply with legal obligations, or develop new features. Where reasonable, we may provide notice of significant changes through the platform or by email. Zemers will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Zemers may establish general practices and limits regarding the use of the Service, including limits relating to data storage, bandwidth, or system resources. You acknowledge that Zemers has no responsibility or liability for the deletion, loss, or failure to store any data, files, or content uploaded to the Service. Users are responsible for maintaining their own backups of important content. We may modify platform limits or usage policies from time to time in order to maintain the performance and stability of the Service. Inactive accounts may be subject to suspension or deactivation.
By creating an account or using the Service, you agree that Zemers may communicate with you through electronic means, including email and in-platform notifications, regarding your account, the Service, security alerts, transactional events (such as verification codes, order confirmations, access links, payout notices, invoice availability, and AFL/ZAF invoice review deadlines), and important updates. Marketing communications are sent only with your prior consent and may be withdrawn at any time through your account settings or the unsubscribe links provided in our emails. Transactional and administrative messages are not optional.
Some features of the Service may be accessed through mobile devices or, where available, official Zemers mobile applications. Standard mobile-carrier data rates may apply. If a Zemers mobile application is distributed through the Apple App Store or Google Play Store, your use of that application is also subject to the applicable distribution platform's terms; Zemers (not Apple or Google) is solely responsible for the operation of the Service.
You are solely responsible for all content, data, and materials that you upload, publish, transmit, generate, or otherwise make available through the Service ("User Content"), including any Creator Content offered to Customers through the platform. Zemers does not actively monitor all User Content but reserves the right, at its sole discretion, to review, remove, restrict, or disable access to any User Content that violates these Terms or applicable law, to suspend or terminate accounts, to restrict platform access, to withhold payments where permitted by law, or to report illegal activity to the appropriate authorities.
You agree that you will not use the Service to:
2.1.1. Upload or distribute prohibited materials, including User Content that: (a) infringes or violates intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (b) you do not have the legal right to publish or distribute; (c) contains malware, viruses, or any code intended to disrupt, damage, or gain unauthorized access to systems, networks, or data; (d) creates a security or privacy risk for any individual or organization; (e) constitutes spam, unsolicited marketing, deceptive promotions, pyramid schemes, or other fraudulent schemes; (f) is unlawful, defamatory, threatening, abusive, harassing, discriminatory, hateful, excessively violent, or otherwise harmful; (g) contains illegal content or promotes illegal activities; (h) includes adult sexual services, explicit pornography, or other content that Zemers determines, in its sole discretion, is inappropriate for the platform; (i) is misleading, deceptive, or intentionally misrepresents a product, service, or offer.
2.1.2. Interfere with the platform, including by: (a) interfering with, disrupting, or overloading the Service or connected networks; (b) attempting to bypass security measures or gain unauthorized access to systems, data, or accounts; (c) circumventing or disabling access restrictions or content-protection mechanisms; (d) attempting to extract data or materials through methods not intentionally made available by Zemers (including scraping, automated harvesting, or reverse-engineering protected endpoints).
2.1.3. Misrepresent identity or affiliation, including by impersonating another person or entity, falsely claiming affiliation with Zemers, or creating accounts or pages designed to mislead users about the identity or ownership of a Creator or business.
2.1.4. Abuse user data, including by harvesting personal information of other users without consent, using the platform to build unauthorized contact lists, or sending unsolicited communications.
2.1.5. Promote illegal or fraudulent activity, sell illegal goods, provide instructions for illegal activity, or operate scams or deceptive schemes.
2.1.6. Manipulate referral or affiliate systems, including operating fake accounts, automated traffic, cookie stuffing, impersonated websites, or misleading advertisements pretending to represent Zemers. Legitimate promotion of your own products is permitted, provided it does not misrepresent Zemers or attempt to artificially trigger referral commissions.
2.1.7. Violate applicable laws, including those relating to consumer protection, intellectual property, advertising, privacy and data protection, anti-spam, and online commerce.
2.1.8. Exploit or misuse platform features (including pricing systems, referral systems, marketing tools, promotional campaigns, free-trial mechanics, or refund flows) in a manner intended to artificially manipulate transactions, platform metrics, affiliate commissions, or revenue attribution.
You must comply with all applicable laws relating to electronic communications and marketing, including GDPR, the ePrivacy Directive, and any local marketing/consumer-protection rules. You agree not to use the Service to send unsolicited or unauthorized marketing messages. You are responsible for obtaining and documenting valid consent from your recipients where required. You agree to indemnify and hold harmless Zemers from any claims, damages, or liabilities arising from your violation of applicable anti-spam or marketing laws.
If you use the Service as a Creator, you represent and warrant that you have all necessary rights, permissions, and legal authority required to publish, distribute, and sell your Creator Content through the Service. This includes any text, images, videos, audio, software, downloads, course materials, articles, trademarks, or other materials included in your Creator Content.
You agree that the products, services, and content you offer through the Service comply with all applicable laws and regulations, including those related to consumer protection, intellectual property, advertising and marketing, digital commerce, taxation, and data protection and privacy.
Creators are solely responsible for:
the accuracy of descriptions of their products or services;
delivering the content or services promised to Customers (including course delivery, drip schedules, blog content, downloads or services);
managing access entitlements granted to Customers;
providing customer support to Customers (including through the support channels they enable on the Service);
defining, publishing and honoring their own refund or cancellation policies;
defining and publishing their own privacy policy and terms applicable to their Customers (or accepting the Zemers default templates) and complying with them.
Zemers is not responsible for the quality, legality, safety, or accuracy of Creator Content.
You agree to maintain all rights, licenses, and permissions necessary to offer your Creator Content throughout the entire period in which it is available through the Service. If you lose the rights necessary to distribute any Creator Content, you must immediately remove such content from the Service.
You acknowledge that Zemers acts solely as a technology platform that enables Creators to publish, sell, and deliver their own products and services. Zemers does not review, approve, endorse, or control Creator Content and does not assume responsibility for any Creator Content made available through the Service.
Zemers reserves the right to prohibit, remove, or restrict certain categories of products or services that may present legal, regulatory, or reputational risk to the platform, including:
illegal goods or services;
financial investment schemes or unlicensed financial advice;
regulated professional services offered without proper licensing;
gambling or betting services where not permitted by law;
pirated digital content or intellectual property violations;
deceptive or fraudulent offers;
adult sexual services or explicit pornography.
Zemers may remove such content or suspend accounts at its sole discretion.
Creators may invite Team Members to assist with the operation of their store. Invitations are sent by email using a single-use magic link that expires 48 hours after issuance. Team Members are granted one of the following roles, each with corresponding permissions:
Admin — full access except for changing the store handle and editing payment-account configuration, which are reserved for the original Creator;
Manager — same as Admin, except no access to Settings or storefront design, and no permission to delete media;
Editor — same as Manager, but without the right to edit products or Customer records;
Viewer — read-only access to all modules;
None — no dashboard access.
Permissions may additionally be limited per module under the Creator's plan. Creators are responsible for the actions performed by their Team Members. Team Members have access to personal data of the Creator's Customers and process such data on the Creator's behalf; Creators must put appropriate confidentiality and data-protection arrangements in place with their Team Members as required by applicable law.
Payments for Creator Content offered through the Service are processed by Stripe, Inc. ("Stripe") via Stripe Connect. Creators who wish to accept payments must onboard a Stripe Connect account. By doing so, the Creator agrees to be bound by Stripe's Connected Account Agreement, the Stripe Services Agreement, and all applicable Stripe terms and policies. Zemers may verify the Creator's Stripe onboarding status (details_submitted, charges_enabled, payouts_enabled) before enabling certain features.
Zemers does not process or hold Customer payments on behalf of Creators. Payments made by Customers are processed directly by Stripe under the Creator's Connect account, subject to Stripe's processing fees, payout schedules, and policies. Card data and bank-account information are collected and stored by Stripe and never pass through Zemers servers.
Zemers is not the merchant of record for transactions between Creators and Customers. Creators are solely responsible for:
all payments they receive;
refunds, disputes, chargebacks, and the fees associated with them;
taxes (VAT, income tax, withholding, etc.) associated with their sales in their jurisdiction;
compliance with Stripe and other payment-processor policies.
Zemers is authorized to collect its platform fees, subscription fees, and applicable commissions through Stripe Connect (including via application_fee mechanics) or through separate billing.
Zemers is not responsible for the performance, availability, or security of Stripe or any other third-party payment processor.
Creators are solely responsible for handling refunds, disputes, and chargebacks. Zemers reflects the resulting state in the platform (for example, by marking a purchase as REFUNDED, revoking access, and reversing any associated affiliate commission as a COMMISSION_REVERSAL ledger entry), but does not arbitrate the underlying dispute.
If a chargeback, refund, fraud claim, or payment dispute results in financial liability for Zemers, Zemers reserves the right to recover such amounts from the Creator responsible, including by offsetting platform fees, withholding payouts where permitted, or suspending the Creator's account until the matter is resolved.
Zemers reserves the right to restrict access to platform features, suspend accounts, or delay services where necessary to investigate suspected fraud, excessive chargebacks, policy violations, or other activity that may pose financial or legal risk to the platform or its users.
Zemers operates an affiliate program through which qualifying users may promote Creator products via unique referral links and earn commissions on resulting transactions. Participation in the affiliate program is governed by these Terms, the Affiliate Agreement, and the Self-Billing Annex described below.
At activation, an Affiliate must:
accept the Affiliate Agreement — a timestamp and originating IP address are stored as legal evidence;
provide complete tax identity information, including: status (natural person or legal entity), entity type (e.g., SRL, SA, GmbH, Ltd), tax country (ISO 3166-1 alpha-2), full legal name and registered address, name of legal representative (for entities), VAT/VIES number where applicable, and where applicable validation against the VIES database (timestamp stored);
onboard a Stripe Connect account for payouts and maintain its required statuses (details_submitted, charges_enabled, payouts_enabled).
The Affiliate is responsible for the accuracy of this information and for keeping it up to date.
By activating as an Affiliate, you expressly consent to self-billing as permitted by Article 319 of the Romanian Fiscal Code. Under this arrangement:
Zemers (VINCITUS MK S.R.L.) issues invoices in your name and on your behalf for the commissions due to you. These invoices use the dedicated AFL series.
Zemers also issues to you a separate invoice using the ZAF series, representing the intermediation fee that Zemers retains.
Invoices are generated through our invoicing provider Oblio and made available to you through the Affiliate dashboard.
The Affiliate has 10 calendar days from issuance (the invoice_review_deadline) to review and either accept or object to the AFL invoice. If the Affiliate does not raise an objection within this period, the invoice is deemed tacitly accepted. Invoice statuses tracked by the platform are: PENDING_REVIEW, ACCEPTED, TACITLY_ACCEPTED, REJECTED.
Where the Affiliate prefers to issue their own invoices instead of accepting self-billing for a given period, they may upload such invoices through the Affiliate dashboard (AffiliateInvoiceSubmission), subject to review and approval by Zemers.
You acknowledge that this Self-Billing Annex is a precondition to receiving payouts and that your consent (and the legal evidence thereof) may be required to be presented to tax authorities.
Commissions are recorded in an append-only ledger (AffiliateLedgerEntry) and progress through statuses such as PENDING, AVAILABLE, PAID, CANCELLED, FAILED, DISPUTED, or INFO. Entries include event types such as COMMISSION, COMMISSION_REVERSAL, PAYOUT, PAYOUT_FAILED, REFUND, DISPUTE_OPENED, DISPUTE_WON, DISPUTE_LOST, PAYMENT_FAILED, and PAYMENT_CANCELED.
Affiliates may request a payout (AffiliatePayoutRequest) when the AVAILABLE balance reaches the applicable threshold. Payouts are executed via Stripe Connect transfers to the Affiliate's connected account. The net amount paid is calculated as: gross commission − intermediation fee − Stripe transfer fee.
Commissions may be held for a reasonable period (for example 30 days, or as otherwise displayed in the dashboard) before becoming available, in order to account for refunds, disputes, and chargebacks.
The economic relationship between the Affiliate and Zemers is a B2B intermediation relationship. Zemers reports and remits what is due in respect of its intermediation activity. The Affiliate is solely responsible for their own tax obligations (VAT, income tax, social contributions, etc.) in their jurisdiction. For Affiliates established in the EU with a valid VIES number, the reverse-charge mechanism applies where appropriate. For Affiliates established in Romania, Romanian withholding and reporting rules apply.
The following activities are strictly prohibited and may result in commission reversal, suspension, or termination of the Affiliate account:
creating fake accounts to generate commissions;
self-referrals (earning commissions on your own purchases or subscriptions);
automated traffic or bots;
cookie stuffing or hidden referral tracking;
misleading advertising that impersonates Zemers, any Creator, or any third party;
spam or unsolicited promotional messages;
any other activity intended to artificially inflate referral revenue.
Zemers reserves the right, at its sole discretion, to withhold, cancel, or reverse affiliate commissions and to suspend or terminate Affiliate accounts engaged in prohibited activity.
Creators may configure analytics, advertising pixels, or other tracking technologies on their storefronts (including Google Analytics 4, Google Tag Manager, Meta Pixel, X Pixel, TikTok Pixel and other tags loaded through their GTM container). Creators are independent data controllers for such technologies and are solely responsible for ensuring that they comply with applicable privacy, e-privacy, and data-protection laws, including providing appropriate notices and respecting user consent choices. The Zemers cookie consent banner technically enforces the consent gate (no analytics or marketing pixel — whether Zemers's or the Creator's — will load before the corresponding consent category is accepted), but Zemers does not control how Creators configure, target, or use the data collected through their own pixels.
To access certain features of the Service as a Creator, you must subscribe to a paid platform membership plan (PaymentPlan). Plans may have the following structures:
FLAT_FEE — a flat recurring fee paid by the Creator;
PERCENTAGE — a percentage commission on Creator sales, collected via Stripe Connect application_fee;
COMBINED — a combination of the two.
Billing intervals may be MONTHLY, ANNUAL, or ONE_TIME (lifetime). Pricing and included features for each plan are displayed at the time of subscription. Zemers may also issue custom negotiated offers to specific Creators (TenantCustomPlanOffer) progressing through statuses DRAFT → SENT → CHECKOUT_PENDING → PAID/EXPIRED/REVOKED/DECLINED.
Zemers may offer a free trial for certain plans. You may cancel before the trial ends to avoid being charged. Otherwise, the subscription converts to a paid subscription and your payment method is charged automatically. Zemers may modify or discontinue trial offers at any time.
By subscribing, you authorize Zemers and its payment processor to charge your selected payment method automatically at the beginning of each billing period until the subscription is cancelled. Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. Cancellation takes effect at the end of the current billing period unless otherwise stated. Except where required by applicable law, subscription fees are non-refundable.
If a payment fails, Zemers may retry the payment, request an updated payment method, temporarily restrict access, downgrade the plan, or terminate the subscription. Creator subscriptions track statuses such as FREE_TRIAL, PENDING_CHECKOUT, ACTIVE, EXPIRED, and CANCELLED. On a failed renewal, the Service may enter a grace period during which publicly visible elements of the Creator's store may be hidden automatically, with full restoration upon successful payment.
Zemers may change subscription prices, platform fees, or commission rates from time to time. We will provide reasonable advance notice through the platform or by email. Continued use of the Service after the change takes effect constitutes acceptance of the updated pricing.
Platform invoices to Creators (and AFL/ZAF invoices to Affiliates) are issued through Oblio, with the invoice series and numbers required by Romanian law. Pursuant to the Romanian Accounting Law, Zemers retains invoices and related accounting records for 10 years, regardless of any GDPR erasure requests that may apply to other categories of personal data.
Creators and Affiliates are responsible for determining and paying any taxes associated with their use of the Service and with their sales. Where required by law, Zemers may collect applicable taxes on platform fees or charges. The Creator is the seller for purposes of indirect tax on their sales to their Customers.
Customers may purchase Creator Content from any Creator storefront on Zemers using a single platform account. Purchases create an AppPurchase record and one or more CreatorAppAccess entries that grant access to the associated content. Subscriptions are extended automatically on invoice.payment_succeeded events from Stripe and revoked on invoice.payment_failed events. Access may also expire according to the expiration window configured by the Creator on the relevant pricing option (e.g., 1, 7, 30, 90, 180, 365 days, or never).
Customers may join a waitlist for products that have not yet been released; access at unlock time is granted according to the Creator's configuration.
Customers may cancel subscriptions at any time from their Client area. Refund requests are governed by the Creator's refund policy. Where a refund is granted, access is revoked and the corresponding affiliate commission (if any) is reversed automatically.
The Zemers platform, including its software, design, interface, features, trademarks, logos, and all related content (collectively, the "Service Content") is owned by or licensed to Zemers and is protected by applicable intellectual property laws. Except as expressly permitted in these Terms, you may not:
copy, reproduce, distribute, or modify the Service;
create derivative works based on the Service;
reverse engineer or attempt to extract the source code of the Service;
scrape, harvest, or extract data from the Service using automated means;
use the Service or its content for commercial purposes unrelated to the platform.
Any rights not expressly granted in these Terms are reserved by Zemers.
"Zemers" and any related logos and brand assets are trademarks or service marks owned by Zemers. You may not use Zemers trademarks, branding, or logos without prior written permission. All goodwill generated through the use of Zemers trademarks belongs exclusively to Zemers.
You retain ownership of the intellectual property rights in the User Content that you upload to the Service. By uploading User Content, you represent and warrant that you own the content or have the legal right to publish it, that the content does not infringe any third-party rights, and that it complies with applicable laws.
By uploading User Content, you grant Zemers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, and distribute such content solely for the purpose of operating, maintaining, and improving the Service. This includes hosting and delivery of digital products, storefront rendering, content delivery to authorized Customers, and platform features such as backups and search. Zemers will not use Creator Content for advertising or promotional purposes without the Creator's permission, unless such content is already publicly available on the platform.
Zemers does not pre-screen User Content but reserves the right, at its sole discretion, to review, remove, or restrict access to content that violates these Terms, infringes intellectual property rights, violates applicable law, or is abusive, harmful, or otherwise inappropriate.
Zemers may collect anonymized and aggregated information about how the Service is used ("Usage Data"). Usage Data does not identify individual users and may be used to improve the platform, develop new features, and analyze performance. Usage Data is processed in accordance with applicable laws and the Privacy Policy.
If you provide suggestions, feedback, ideas, or recommendations about the Service ("Submissions"), you grant Zemers the right to use such feedback without restriction and without compensation.
Zemers may preserve or disclose User Content if required to do so by law or when reasonably necessary to comply with legal obligations, enforce these Terms, respond to claims of rights violations, or protect the rights, safety, or property of Zemers, its users, or the public.
If you believe that content available through the Service infringes your copyright or other intellectual property rights, you may submit a written notice to hello@zemers.com. Your notice should include: identification of the work claimed to be infringed; identification of the material on the platform that you believe infringes the work; your contact information; a statement that you believe in good faith that the use is not authorized by the rights holder; and a statement that the information you provided is accurate. Zemers may remove or restrict access to allegedly infringing content while investigating.
Zemers may suspend or terminate the accounts of users who repeatedly infringe the intellectual property rights of others.
The Service may contain links to or integrations with third-party websites, services, applications, or resources (collectively, "External Services"), including websites operated by Creators, third-party applications, payment processors (Stripe), invoicing services (Oblio), email infrastructure (MXroute), AI providers (OpenAI), analytics services (Google), advertising networks (Meta, X, TikTok), and external websites linked from Creator Content.
Zemers does not control, endorse, or assume responsibility for any External Services. Your use of External Services is at your own risk and is subject to the terms and privacy policies of the applicable third party. Zemers is not responsible or liable for any loss, damage, or claim arising from your use of External Services, your reliance on content available through them, or any transactions or interactions with third parties.
The Service allows users to sign in using third-party authentication providers such as Google and Apple ("Authentication Providers"). If you choose to sign in through an Authentication Provider, you authorize that provider to authenticate your identity and share basic account information necessary to enable login. Information obtained through such authentication is handled in accordance with the Zemers Privacy Policy. Your use of Authentication Providers is governed by their respective terms and privacy policies. Zemers does not guarantee the accuracy, availability, or reliability of any Authentication Provider and is not liable for any loss or damage resulting from your use of them.
The Service includes features powered by artificial intelligence or machine learning ("AI Technology"), including ZemersAI tools that generate or improve content based on user prompts or inputs ("Output"). Examples of Output include marketing copy, social-media posts, blog drafts, and other content generated by ZemersAI and similar features.
You acknowledge and agree that:
Limitations. Output may contain errors, inaccuracies, or misleading information; may not be complete, reliable, or suitable for your intended use; may not be unique (similar Output may be generated for other users); and may reflect biases present in training data or algorithms.
Your responsibility. You are solely responsible for reviewing, verifying, evaluating, and editing any Output before using, publishing, or distributing it. You must ensure that the Output complies with applicable laws (including intellectual-property, advertising, and consumer-protection laws) and with the policies of any third-party platforms on which you publish it.
No training on your content. Your prompts and Output are processed through third-party AI providers (currently OpenAI) which are contractually restricted to using your data solely for providing the requested service. Your content is not used to train general AI models.
No routine human review. Zemers does not manually review your prompts or Output, except where strictly necessary to investigate abuse, ensure safety, or comply with the law.
To the maximum extent permitted by law, Zemers is not responsible or liable for any loss, damage, or claim arising from or related to your use of AI Technology or any Output.
You agree to defend, indemnify, and hold harmless Zemers, its affiliates, and their respective officers, directors, employees, contractors, and agents (collectively, the "Indemnified Parties") from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
your use of the Service;
your User Content or Creator Content;
your products, services, or activities conducted through the Service;
your violation of these Terms, the Affiliate Agreement, the Self-Billing Annex, the Privacy Policy or the Cookie Policy;
your violation of applicable laws or regulations;
your infringement of any intellectual property rights or other rights of third parties;
any taxes, penalties, or charges assessed against Zemers as a result of your activity on the Service.
Zemers reserves the right to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate reasonably with Zemers in the defense of such claims. This indemnification obligation survives the termination of your account or use of the Service.
Your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Zemers disclaims all warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Zemers does not guarantee that the Service will meet your requirements or expectations, that it will be uninterrupted, secure, or error-free, or that the results obtained from using the Service will be accurate or reliable. Zemers makes no warranties regarding products, services, or content offered by Creators through the platform. Any transactions between Creators and Customers are solely between those parties.
The Service may be temporarily unavailable due to maintenance, upgrades, security updates, or circumstances beyond our control.
To the maximum extent permitted by applicable law, Zemers and its affiliates, officers, directors, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, including damages related to loss of profits or revenue, loss of data, loss of goodwill, business interruption, or other intangible losses, arising out of or related to your use of the Service, even if Zemers has been advised of the possibility of such damages.
To the maximum extent permitted by law, the total liability of Zemers for any claims arising out of or relating to the Service or these Terms will not exceed the greater of: (i) the total amount you paid to Zemers (excluding amounts collected on behalf of Creators) during the six (6) months preceding the event giving rise to the claim, or (ii) €100.
Some jurisdictions do not allow certain limitations of liability. In such cases, the limitations described in this section apply only to the maximum extent permitted by applicable law. Nothing in these Terms limits liability that cannot be limited under applicable law. If you are dissatisfied with the Service or these Terms, your sole remedy is to discontinue using the Service.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
These Terms and any disputes arising out of or relating to the Service are governed by and interpreted in accordance with the laws of Romania, without regard to conflict-of-law principles.
If a dispute arises between you and Zemers, the parties agree to first attempt to resolve the matter informally and in good faith. You may contact Zemers at hello@zemers.com.
If the dispute cannot be resolved informally within a reasonable period, either party may pursue legal remedies before the competent courts of Romania (Bistrița being the venue at the registered office of VINCITUS MK S.R.L.). Nothing in these Terms limits the rights of consumers under mandatory consumer-protection laws that may apply in their country of residence, including the right to bring proceedings before the courts of their place of residence under EU law.
EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
Zemers may suspend or terminate your access to the Service, or restrict certain features of your account, if:
you violate these Terms, the Affiliate Agreement, the Self-Billing Annex, the Privacy Policy or the Cookie Policy;
you engage in fraudulent, abusive, or illegal activity;
your use of the Service poses a risk to other users or to the platform;
you fail to pay applicable fees;
it is required to comply with legal obligations.
Where appropriate, Zemers may provide notice and an opportunity to resolve the issue before terminating an account, but may suspend or terminate access immediately where necessary to prevent harm to the Service, other users, or third parties.
You may deactivate your account at any time through your account settings. Upon deactivation, the account enters a 30-day grace period during which it can be restored; after the grace period the account and associated personal data are permanently deleted, subject to legal retention obligations (notably, invoices and other accounting records that must be retained for 10 years under Romanian law).
Upon termination:
your right to access the Service will cease;
any licenses granted to you under these Terms will terminate;
access entitlements you have granted to Customers as a Creator may be affected; Zemers will use reasonable efforts to preserve Customer access where appropriate, but cannot guarantee it after Creator termination;
provisions that by their nature should survive termination remain in effect, including those relating to intellectual property, liability limitations, indemnification, dispute resolution, fiscal record-keeping, and the Self-Billing Annex obligations.
Zemers will not be liable to you or any third party for the suspension or termination of your access to the Service in accordance with these Terms.
Users are solely responsible for their interactions with other users of the Service. This includes any disputes or claims arising between Creators and Customers, Creators and Team Members, Creators and Affiliates, Customers and Affiliates, or any other users.
Zemers is not a party to transactions or agreements between users and is not responsible for resolving disputes between them. Zemers will not be liable for any loss or damage arising from interactions or disputes between users. However, Zemers reserves the right (but has no obligation) to review such disputes and to take appropriate action to protect the Service or its users, including suspending accounts, removing content, or restricting access.
Disputes may arise between multiple individuals or entities claiming ownership of or rights to a Zemers account or to content or services associated with that account. Zemers is not responsible for determining the rightful owner of any account.
If such a dispute arises, Zemers reserves the right to request documentation or verification information from the parties involved, including government-issued identification, proof of business registration, payment information associated with the account, or other relevant verification details. While a dispute is being reviewed, Zemers may temporarily suspend or restrict access to the affected account to prevent unauthorized activity or financial loss. If the parties cannot resolve the dispute, Zemers may require them to resolve the matter directly or through legal processes. Zemers reserves the right to determine, in its reasonable discretion, how the account is handled while the dispute remains unresolved.
14.1. Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Affiliate Agreement, Self-Billing Annex, and any other documents expressly incorporated by reference, constitute the entire agreement between you and Zemers regarding your use of the Service and supersede any prior agreements or understandings.
14.2. Governing law and venue. These Terms are governed by Romanian law. Disputes that cannot be resolved informally will be subject to the competent courts of Romania, unless applicable consumer-protection laws require otherwise.
14.3. No waiver. The failure of Zemers to enforce any provision is not a waiver of that or any other provision.
14.4. Severability. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions remain in full force and effect.
14.5. Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Zemers. Zemers may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.
14.6. Interpretation. Section titles are included for convenience only and do not affect the interpretation of the provisions.
14.7. Notices. Zemers may provide notices via email, in-Service notifications, or updates posted on the platform. It is your responsibility to maintain accurate contact information associated with your account.
14.8. Relationship of the parties. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Zemers. Users operate independently when using the Service.
14.9. Force majeure. Zemers is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, governmental action, labor disputes, internet or telecommunication failures, or third-party service outages (including Stripe, OpenAI, MXroute, Oblio, hosting providers and Authentication Providers).
Zemers respects the privacy of its users. Information about how we collect, use, store, and protect personal data is described in our Privacy Policy and Cookie Policy, which form an integral part of these Terms. By using the Service, you acknowledge that you have read and understood the Privacy Policy and Cookie Policy and agree to the processing of your personal data in accordance with them and with applicable data-protection laws (including the GDPR).
The Romanian National Supervisory Authority for Personal Data Processing (ANSPDCP — https://www.dataprotection.ro) is the competent supervisory authority for data-protection matters concerning Zemers.
If you have questions about these Terms, or wish to report a violation of the Terms or of the Service, you may contact us at:
VINCITUS MK S.R.L. Str. Iosif Vulcan, Bistrița, Bistrița-Năsăud, Romania CUI: 42840739 Email: hello@zemers.com
Last updated: May 31, 2026