PRODUCT TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE FOR THE PRODUCT NAME
This Terms and Conditions of Use Agreement (“Agreement”) is a legally binding agreement between you (“you” “your” “customer” “client” “user” or “users”) and BUSINESS NAME (“us” “we” “our” “Owner” “Company”). This Agreement sets forth the terms and conditions for your use of the PRODUCT NAME (“Product”). This Agreement is between you and the Owner only, and not with any other person or entity. The Owner is solely responsible for the services, content and materials provided through the Product. You acknowledge and agree to be bound by the terms of this Agreement.
This Agreement shall become effective between you and the Owner by clicking “Complete Order” “Purchase” or any other phrase on the purchase button, entering your credit card information or other billing method (either in full or partial payment) and may only be terminated for the reasons set forth below.
Please read these terms and conditions carefully before purchasing and accessing the product. We reserve the right to change, update or modify these terms and conditions by posting updates to the platform where the product is accessed, website, or via email. It is your responsibility to periodically review the terms and conditions and check for updates. Your continued use of the product constitutes acceptance of these terms, including any changes.
DISCLAIMER AND LIMITATION OF LIABILITY
[This section has to be modified based on what you do and what your business is. (Ex: if you are licensed in some manner, etc). Remove or keep highlighted information as necessary to you and your business.]
Nothing in this Agreement shall be construed as a promise or guarantee from using the Product. The Owner makes no such promises or guarantees. By purchasing the Product, you acknowledge and agree to accept any and all risk associated with and arising out of your use of the Product, whether foreseeable or unforeseeable. You agree that the Owner will not be liable for any damages resulting from any delay or denial in the use of the Product, any errors or system failures in the use of the Product, any other failure of performance of any kind, or any use or misuse of the Product and is at your own risk. In no event shall the Owner be liable for any indirect, direct, special, punitive, exemplary, or consequential damages arising out of your use of the Product. If no exclusion or limitation of liability is allowed, our liability is limited to the fullest extent permitted by law, and in no event shall our cumulative liability to you exceed the purchase price of the Product, and if no purchase has been made, in no event shall exceed $100.00 USD.
Your use of the Product is at your own risk and is for educational purposes only. You acknowledge and agree that the Owner is not responsible for your success or lack thereof for you individually or in your business. [keep or remove “or in your business” if applicable to your product]
[If you discuss legal, health, medical, financial, therapy, etc]
No professional-client relationship has been formed between us by your purchase or use of the Product. It is your responsibility to do your own research, consult, and obtain a professional for your medical, legal, financial, health, or other help that you may need for your situation.
[If you discuss earnings or scaling your business, getting more clients, growing your brand, increasing your leads, followers, etc - edit as it applies to you]
Income statements (or statements about scaling a business) may be reported by the Owner but it is an estimate of possible earnings and is not a guarantee that you will have the same results. You acknowledge and agree that the Owner cannot guarantee your future results or success, financial or otherwise. Your success is based on your own actions and not on the Product. You acknowledge and agree that the Owner is not liable for the success or lack thereof of your business.
[If your product relates to fitness/nutrition/health/etc - edit as it applies to you]
Statements made regarding health outcomes is not a guarantee that you will have the same results. You acknowledge and agree that the Owner cannot guarantee your future results or success with the fitness program or nutrition plan, OR OTHER TYPE. Your success is based on your own actions and not on the Product. You acknowledge and agree that the Owner is not liable for your success or lack thereof. Before beginning any type of fitness plan or nutrition plan, it is your responsibility to consult with a medical professional or registered dietician to get specific advice as this Product is only for educational purposes.
[If your product relates to life coaching, mindset work, transformational or spiritual work or growth - edit as it applies to you]
Statements made regarding improving your relationships, careers, or life does not guarantee you will have these results. Your success is based on your own actions and not on the Product. You acknowledge and agree that the Owner is not liable for your success or lack thereof.
[Make it clear what you are NOT and what you ARE. See the instruction booklet for examples.]
You agree and acknowledge that the Owner is not a licensed ___________ (or is licensed only in _______). The Product is not meant to be a complete solution for any situation and does not make any such promises or guarantees. It is your responsibility to obtain a professional if necessary for your situation and the Owner is not responsible for any outcome.
[Keep this if your product is fitness related]
You agree and acknowledge that there are inherent risks associated with participation in the product provided and agrees to assume responsibility for any risks, injuries or damages, known or unknown, which may occur out of the use of the product. You hereby releases and discharges the Owner for any injury, damage or loss arising out of your use of the product, regardless of the cause and including accidental injuries.
PRODUCT ACCESS
[This section is for your specific product information. Remove or add necessary information to customize based on your individual product and business needs.]
[If you are using third-party platforms to host your product or service]
This Product may be transmitted by the Owner through a third-party platform. The Owner reserves the right to substitute service at any time, provided that it is of a comparable nature and value and it is reasonable for the Owner to do so as determined by the Owner. Access is presently available to the Product through NAME THE THIRD-PARTY PLATFORM(S). The Owner is not liable for any limitation of access to the Product caused by a third-party platform. Your purchase of the Product gives you lifetime access. [edit based on your policy for length of access]. Accessing this product may require the creation of a username and password on the third-party platform, as well as providing additional personal information, including your name, address, email address, and other information. You agree to keep any information up to date, to not share this information with third parties, to use the correct information, and to use it only for the purposes intended. If your account becomes compromised at any time, you agree to contact us immediately and change your password.
[If your product is a digital download only - customize if you restrict access to download after a certain amount of time, allow only 1 download, or some other situation]
This Product is transmitted to you through a digital download. If you are unable to access your download after purchase, please contact CONTACT INFO: EMAIL/PHONE NUMBER within AMOUNT OF TIME.
[If you offer a payment plan + drip release the content]
You acknowledge and agree that if you choose a payment plan, the Product will be transmitted to you in increments based on the length of the payment plan and amount of content provided in the Product. You will not gain access to the Product in its entirety until all payments under the payment schedule have been made in full. If payment fails for any reason and is not remedied immediately within 5 business days, no further content of the Product will be delivered to you. You will retain access only to the portion of the Product for which payment has been made.
[Add any other specific product access information that you need here. Ex) if you are including 1 private call with an otherwise digital download or passive course. If you include any of the above, include a cancellation/rescheduling policy. Here is an example]
Under this Agreement, the Owner is available to you to contact via the following channels: (email, slack, private call, etc) and in the following manner: (1 private 60 minute call to be scheduled via the Owner’s scheduling platform within X days of purchase or forfeited, support via slack for a period of X months, membership in a facebook group for a period of X months/years/etc).
You agree to not cancel your 60 minute coaching call session without 24 hour notice before our scheduled session via email. If you cancel less than 24 hours in advance, rescheduling the session is based upon the Owner’s discretion and availability. The Owner does not have to reschedule your session and your failure to provide adequate notice is a forfeiture of that session.
INTELLECTUAL PROPERTY - LICENSE AND RESTRICTIONS
The Product contains intellectual property that belongs to the Owner. All rights reserved. Purchase of the Product grants to you a limited, revocable, non-exclusive, non-transferable license to use the Product for the individual purposes intended. This does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the Product or any materials provided in connection with the Product, with anyone else for commercial or non-commercial use. Any content from the Product shall not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Owner.
Any violation by you of the license provisions contained herein may result in immediate termination of your license to use the Product, and your access to use will be revoked. Violating this license may result in charges to you from the Owner for the license you sold, shared or otherwise transmitted. We reserve the right, title and interest not expressly granted under this license to the fullest extent permitted under applicable laws.
You acknowledge that the intellectual property contained in the Product is the property of the Owner and may be protected by applicable copyright and other intellectual property laws and subject to use restriction under those laws. The Product may contain trademarks, service marks, graphics and logos that are the property of the Owner. Your purchase does not grant you license to use such.
You acknowledge and agree that if there is any intellectual property in the Product that is from a third-party, your use of the Product does not give you ownership rights or license to use such.
PAYMENT POLICY
You agree and authorize the Owner to charge your designated payment type (credit card or other billing method) for the full purchase price of the Product.
[To be added if you offer payment plans]
If you choose a payment plan, you agree to pay in accordance with the payment schedule specified in the option you choose at checkout, and authorize the Owner to charge your billing method the amount specified in the payment schedule for each scheduled payment without additional separate authorization.
If payments fail for any reason (updated credit card is needed, payment information update is required, credit card expired, etc), you agree to resolve it immediately, within 5 business days. Although there is a 5 day grace period before revoking access entirely, access will be suspended immediately upon the failed payment until remedied. If your billing method is not updated or fixed within 5 business days, access to the Product will be permanently revoked.
You agree to not make any chargebacks to the Owner’s account or cancel your credit card or billing method used without prior written consent of the Owner. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Owner will provide this contract to the financial institution as well as evidence of your receipt of services.
You agree to pay for any fees associated with the Owner having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Owner reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.
REFUND POLICY
[Edit this section based on your own refund policy AND type of product - here are some examples that can be used, but may need to be tailored more based on your own policy]
[Use for digital product only + no refund]
Due to the digital nature of the Product, the Owner does not offer refunds under any circumstances.
[Use for digital product with other services + no refund]
Due to the digital nature of the product and the services included in the Product such as COACHING SESSIONS/CONSULTING SESSIONS/WHAT YOU ARE OFFERING/ETC the Product, including all services, are non-refundable. Payment for the Product is earned in its entirety at the time of purchase (even if a payment plan is chosen) and as such, no refunds are provided under any circumstances, regardless of whether or not all services included in the Product are used.
[Use for digital product only + limited refund - option 1]
If you request a refund and have not downloaded or accessed the Product within AMOUNT OF TIME, a refund will be issued upon request within AMOUNT OF DAYS YOU WILL PROCESS THE REFUND IN. Digital downloads and course or product activations through third-parties are monitored to ensure you are able to access the Product after purchase. If you are unable to access or download the Product, please contact us at CONTACT INFO: EMAIL/PHONE NUMBER.
[Use for digital product only + limited refund - option 2]
We will gladly refund your money for the Product within AMOUNT OF TIME. Please contact us at CONTACT INFO: EMAIL/PHONE NUMBER. Your purchase will be refunded through the payment method you paid with. However, if AMOUNT OF TIME has passed, no refunds will be issued under any circumstances.
[Use for digital product with other services + limited refund]
Due to the digital nature of the product and the services included in the Product such as COACHING SESSIONS/CONSULTING/WHAT YOU ARE OFFERING/ETC the Product, including all services, are non-refundable once all coaching or consulting services have been rendered. However, if you entered into a payment plan and are not satisfied with your investment and the services rendered, you may request future payments to be forgiven. If you purchased the Product in full and are not completely satisfied, you may request a refund only for the sessions not yet rendered.
CONFIDENTIALITY
“Confidential information” shall mean proprietary information about the Owner, including but not limited to information relating to the Owner’s services, business and operations, including but not limited to business plans, sources, strategies, trade secrets, procedures, marketing, sales, data, all other non-public information, and know-how or other intellectual property that may be communicated to you in any manner. All confidential information disclosed to you shall remain the property of the Owner without prior written consent. You agree not to disclose or use any confidential information in any manner other than what is permitted under this agreement for the use of the services, or as required by law. Confidential information does not include information that is already known to the public through no fault of yours or through no breach of confidentiality, received from a third party that had the right to disclose such information, or was already in your possession prior to the disclosure. You shall take reasonable steps to safeguard confidential information and to protect the accidental or unlawful disclosure of the Owner’s information.
[Keep this paragraph below only if your product involves any group component]
“Confidential information shall also include information relating to other users of this membership/group, including any information relating or involving personal information, personal health information, financial, business, or other non-public information communicated in the membership/group in any manner. All confidential information disclosed within the membership/group by any participating member shall remain property of the disclosing member without prior written consent, and shall not be disclosed or used in any manner other than as permitted in the membership.
Unauthorized use or disclosure of confidential information by you in violation of this agreement is a breach of this agreement, which may result in irreparable harm to the Owner and may be subject to legal action to (1) prevent any further breach of the agreement and (2) any other remedies available in law or equity.
The terms of this section of the agreement shall survive the termination of this agreement.
PROHIBITED USE
You acknowledge that the Product and any connected third party sites are to be used for the purposes intended above and not for any unlawful purpose or any purpose prohibited by the terms of this Agreement. The Owner reserves the right to terminate your access to the Product without notice if your use has not been in accordance with the terms of this Agreement. This includes transmission of any viruses, worms or other destructive codes.
The Product is intended solely for users who are eighteen (18) years of age or older. Your purchase and use of this product is your representation that you are at least 18 years of age.
INDEMNIFICATION
You acknowledge and agree to indemnify and hold the Owner harmless, including costs and attorneys’ fees, from any damages, losses, liabilities, costs, claim or demand made against you due to or arising out of your use of the Product or your violation of this Agreement; any infringement of third party rights by you arising out of your use of the Product, such as any intellectual property or other rights of any person or entity arising out of or related to any products or services purchased by you in connection with the Product or offered by a third party through the Product.
ATTORNEY’S FEES
Any legal fees incurred due to the enforcement of this agreement by the Owner, if prevailing, shall be entitled to recover its reasonable attorney’s fees and costs from you. This includes collection fees and costs incurred by the Owner in collecting payment of any amount due under this agreement.
NON DISPARAGEMENT
You agree to refrain from making any disparaging comments or statements about the Owner or the services that negatively affect the Owner’s business, services, products, or reputation. Notwithstanding the foregoing, nothing in this agreement shall preclude you from making truthful statements that are either required by applicable law, regulation or legal process; or for the purpose of communicating a review of the Owner’s goods and/or services.
NO WARRANTY
The Product is provided “as is” and without any warranty of any kind, express or implied. The Owner does not warrant or represent that the Product to always be complete, free from errors or omissions, accurate, or up-to-date at all times.
FORCE MAJEURE
The Owner shall not be liable for any failure or delay in performance of any obligation under this agreement, if the failure or delay in performance is due to any cause beyond our reasonable control, including, but not limited to electronic or communication failures, electrical outages, network failures, pandemics, floods, acts of God, or other similar or different occurrences beyond the reasonable control the Owner. Force majeure events shall not include a party’s financial inability to perform its obligations under this agreement.
SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in full force and effect.
NOTICE
Any notice, demand or other communication shall be delivered in writing to:
BUSINESS NAME
BUSINESS ADDRESS
WAIVER
You acknowledge and agree that the failure of the Owner to enforce any provision of this Agreement shall not be deemed a waiver of the Owner’s rights under this Agreement to subsequently enforce any provision of this Agreement.
GOVERNING LAW
This Agreement is governed by the laws of STATE. By purchasing our products/services, you agree that any and all disputes arising out of or in connection with this Agreement shall be brought exclusively in STATE, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
[+ see instruction booklet and decide if you want to use this clase ^ or the arbitration clause provided there]
HEADINGS
The headings used in this agreement are for convenience and reference purposes only and shall not affect the construction or interpretation of this agreement.
ENTIRE AGREEMENT
You acknowledge and agree that this Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.