The following terms and conditions (the “DP Terms & Conditions”) are entered into between you (referred to as “you” or “your”) and Apifocal LLC, dba On Your Own Terms (referred to as “On Your Own Terms”, “we”, “our”, or “us”).
The Digital Product
We provide various e-learning courses, educational resources, business/legal document templates, and memberships/subscriptions (including our signature Template Toolbox membership) which help entrepreneurs legally protect their businesses, any one of which is a “Digital Product”.
As a condition of purchasing and using the Digital Product, you agree to be bound by these Terms & Conditions.
Other legal terms that apply to your purchase
In addition to the DP Terms & Conditions on this page, you must also respect our other legal terms (including the Website Terms of Use, Refund Policy, and Privacy Policy).
Unless these DP Terms & Conditions state otherwise, each of our other agreements and policies shall apply fully to your purchase and use of the Digital Product.
If there is any inconsistency between any of those agreements and/or policies and these DP Terms & Conditions, these DP Terms & Conditions will take precedence.
For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these DP Terms & Conditions, you can be sure that the refund policy you see here applies to your Digital Product purchase.
Our Relationship With You
When you purchase a Digital Product, we agree to provide you with access to the Digital Product, which is an educational and informational resource.
The information contained in the Digital Product, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional or legal advice.
Nothing in these DP Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and us.
We are a digital product provider, and you choose to use our Digital Product.
Payment Required for Access
By purchasing the Digital Product, you understand and acknowledge that you are entering into a legally binding contract with On Your Own Terms, which requires you to pay the fees in full in exchange for access to the Digital Product.
You will only be entitled to use the Digital Product when we receive full payment of the fee in its entirety, or if you have opted into a payment plan or are purchasing a membership/subscription product, upon receipt of the first instalment of the selected payment plan.
Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, we provide access immediately when you make a payment, but if the payment then fails, we may revoke your access immediately without notifying you.
Renewals
Any subscription you purchase auto-renews for equal periods until you cancel (e.g. if you signed up for a 1-year subscription, it will renew for another 1 year).
Your renewal price will never increase. Whatever price you locked in when you initially signed up for for a subscription product is your price for renewals forever, as long as you continuously renew your subscription.
Note: if you received a one-off promotional price or discount that applies to your first subscription term (e.g. your first year), that one-off promotion does NOT apply to renewals. Your renewal price will have been shown to you at checkout and that is the price you keep forever.
If you cancel your subscription, you will lose your guaranteed renewal price. If you later choose to re-subscribe at a later date, you can do so at whatever the current price is at that time.
We know things happen in the small business world, and financial difficulties arise, so we want to give you the flexibility to come back to us at your locked-in price. So, if you cancel your subscription and decide to re-join within 4 weeks of your cancellation date, you may re-join at your previous price point and keep it for future renewals.
Payment Authorisation
By making a payment online with your credit or debit card, you give us permission to automatically charge your payment method for the amounts specified on the Digital Product purchasing page.
You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with its third-party payment providers.
By electing to pay for the Digital Product through a payment plan or if you are purchasing a subscription-based Digital Product which requires recurring payments:
- you authorize us to charge your payment method automatically for each payment in the subsequent payment without further authorisation or notice to you (unless required by law).
- it is your responsibility to ensure that the payment method we have on file for you is valid for the duration of the payments you have committed to in the payment plan and/or any subscription you wish to maintain . If your payment method becomes invalid before completing all payments in the payment plan, you must notify us before your next payment is due by writing to us at team@onyourownterms.net.
- in the case of a payment plan, you understand that you are required by law to complete all remaining payments of your payment plan unless you have correctly requested a refund in accordance with the refund policy in these DP Terms & Conditions, and your refund request has been verified as valid.
In summary, you commit to paying in full for your purchase, and if you choose a payment plan, you may not cancel or avoid any of the payments in a payment plan except by correctly using our refund policy.
Consequences of Failed Payments
If any payment fails or is not made by the due date, your access to the Digital Product and any associated Online Community will be immediately suspended, and any rights or licenses to use the Digital Product and related materials will terminate as of the date of non-payment.
The first time a payment fails or the payment deadline is missed, if you subsequently make the payment that was due, your access will be restored.
If there is any subsequent failed or missed payment, the total remaining balance on your payment plan will become due in order to restore access, regardless of how many payment instalments remain. Your access will be restored once you have paid in full.
We reserve the right to charge an additional fee for dealing with repeated missed or failed payments. This fee will be a reasonable amount to compensate us for the additional administrative burden directly related to your failed or missed payments.
By agreeing to these DP Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed and/or missed payments.
Refund Policy
We want you to be satisfied with your purchase. For this reason, we offer a 30 days “Any Reason” Refund Policy, which you can read in full here.
If you wish to request a refund in accordance with our policy, please contact us at team@onyourownterms.net.
Note: if you request a refund, we make it as if you’ve never purchased the Digital Product at all – so you cannot use any content you’ve consumed or downloaded because it should be as if you never had them in the first place.
What Is Included With Your Digital Product Purchase
As part of the Digital Product, we will provide the following:
Access to the Digital Product
You will receive an email with instructions on how to access the Digital Product shortly after your purchase.
We will maintain access to the Digital Product via a digital platform, and your login details will be provided in the instructions email (the “Platform”). You will have access to the Digital Product from the date of your purchase (the “Start Date”).
Your purchase of the Digital Product comes with access for a set time period, which is the time period specified on purchasing page at the time of your purchase.
Most Digital Products come with limited access (usually 1 year, but it varies), as specified on the product information page.
If a Digital Product indicates “lifetime access” this means you have access for the lifetime of the product (meaning as long as it is made available by us) and not for your lifetime or the lifetime of our business. If we ever decide to unpublish a “lifetime access” Digital Product, we will let you know at least 30 days in advance.
Support
There are two levels of support we offer, and which one you are eligible for depends on the particular Digital Product you purchased. Be sure to check the Digital Product’s description for what level of support you receive.
Support, regardless of the level, does NOT include:
– live calls or meetings;
– answering questions relating to any documents you’ve gotten from other sources outside of our Template Toolbox system;
– reviewing documents or communications of a legal or business nature that you did not receive from us or generate using our Template Toolbox system;
– advice on topics not covered in one the legal documents or courses you have purchased from us; or
– help of a technical nature that is not related to our Platform, Template Toolbox, or is not a problem with our system(s).
Below is a description of each support level and what is included.
Basic Support – included with ALL purchases
All purchases come with basic support, which includes answering basic questions about how to access & use the Digital Product, as well as technical support if anything is not functioning. Here are some examples of what we provide with basic support:
– answering general questions about how to access & use a template or course;
– help or clarifications for billing, payments, and invoices;
– answering general questions about how/when to use certain documents, but responses will not address any specifics or circumstances of your particular business; and
– providing assistance with technical difficulties caused by our system(s).
Basic support is provided through email communication ONLY.
Premium Support – included with SOME purchases
Our Template Toolbox membership comes with Premium Support. Premium Support may also be available as an add-on purchase with other Digital Products, or as a Bonus during select promotions or sales.
Premium Support includes everything covered under Basic Support PLUS answering questions based on your unique business circumstances and helping with custom modifications to legal documents created using our tech and templates. Here are some examples of what we provide with premium support:
– answering questions and providing support relating to the content of your legal documents created using our tech & templates;
– answering questions about when/how to use the Template Toolbox documents in your specific business circumstances; and
– customising Template Toolbox documents (including adding custom wording, deleting wording, or any other changes) for your unique business needs.
Premium support is provided through email communication and/or in the Online Community.
[FOR TEMPLATE PURCHASES ONLY] Access to the quiz-style Template Toolbox contract builder software
For all template purchases (including bundles that contain at least one template product), you will additionally receive access to our super cool quiz-style contract builder called Template Toolbox (this is not to be confused with the Template Toolbox membership, which is a subscription product granting full access to all templates in the Template Toolbox software). The link to access the builder for your purchased template(s) will be provided by email and in your “My Account” area of the Platform.
Your purchase of comes with access for a set time period, which is the time period specified on purchasing page at the time of your purchase (and of course, your access continues if you renew).
[FOR SOME PURCHASES ONLY] Access To Online Community
Some purchases come with optional access to an online community (the “Online Community”). This Online Community will be available to you from the Start Date and may not be hosted on our Platform (e.g. it may be a Facebook Group, or using an alternative online community platform).
The Online Community provides a forum for you to connect with other Digital Product customers and to seek guidance and support. Our staff will seek to interact with Digital Product participants in the group, but we do not make any guarantees about participation by our staff or other members. You are required to abide by any and all rules posted in that Online Community. If you fail to abide by those rules, you will forfeit your right to participate in the Online Community. If you lose your right to participate in the Online Community as a result of rules violation, you will not receive any discount or refund.
[FOR SOME PURCHASES ONLY] Bonuses
From time to time, we will offer bonuses to customers who purchase a Digital Product. You shall be entitled to any bonuses offered to you at the time of your purchase. The details of any bonuses as well as any specific requirements or conditions of use will be made clear to you on the purchase page.
Intellectual Property
All content included as part of the Digital Product, in any format, and any software used in the Digital Product, is our property (or the property of our partners). All content is protected by copyright and other laws that protect intellectual property and proprietary rights.
Your purchase and use of the Digital Product does not result in a transfer of any intellectual property to you. As a condition of your use of the Digital Product, you agree to observe and abide by all copyright and other intellectual property laws.
You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property except as specifically allowed by these DP Terms & Conditions or with specific written consent from us in advance.
License
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Digital Product, including all content and resources contained within the Digital Product for your own business’s use to achieve the outcomes set out on the Digital Product’s purchasing page (the “Purpose”).
In the case of templates using our Template Toolbox system, the license allows you to use Template Toolbox to generate customised legal documents for your business (including policies, terms & conditions, contracts, and other documents). Even if your Digital Product access is cancelled/expires, you can still continue to use any documents you created using Template Toolbox for as long as you want (unless you’re naughty and breach our legal terms, in which case we are allowed to revoke all your rights).
Note: if you request a refund, that is NOT the same as cancelling or your access expiring. When we grant a refund, we make it as if you had never purchased the Digital Product at all – so you cannot use any documents you’ve created or content you’ve acquired because it should be as if you never had them in the first place.
This license is granted to you for your own business. If you have multiple businesses, your license allows you to use the Digital Product for any/all of your own businesses. As long as they are YOUR businesses. Not a friend’s business. Not a family member’s business. Only your own businesses.
We understand that running a small business is often done in partnerships and families, and we want to support that. Therefore, you may share your license with your business partner(s) provided that the business has no more than 5 total people working in it (including owners/partners, employees & contractors). However, if the business is larger than 5 people, or if you are no longer part of that business, sharing your license is NOT allowed.
You agree that you will not modify, publish, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, or any part of the content, that exists in the Digital Product, except to the extent required to fulfil the Purpose. You also agree that you will not use your access or any part of the content in order to compete with us or to harm our business prospects or relationships.
Our content is not for resale. Your purchase and use of the Digital Product does not entitle you to make any unauthorised use of our content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use or business use to the extent required to fulfil the Purpose, and you will make no other use of the content without our specific written permission in advance. You agree that you do not acquire any ownership rights in any of our content. We do not grant you any licenses, express or implied, to our intellectual property (or our partners’ intellectual property) except as specified in these DP Terms & Conditions.
You agree that any infringement of our (or our licensors’) intellectual property will result in an immediate termination of the license granted in these DP Terms & Conditions.
If you violate the terms of this license, your access to the Digital Product, the Online Community, and any other related content will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a license holder, sharing your account with anyone other than a license holder, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted or sold to others.
Confidentiality
We respect our customers’ privacy and will not disclose any Confidential Information you provide except as described in these DP Terms & Conditions.
“Confidential Information” is any information about a person or business which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to:
- information you share with us about yourself, your contact details, and your payment information;
- the Digital Product materials, in whatever format they are provided;
- information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and
- information about customers, including their personal details and situations.
Due to the nature of the content in the Digital Product, you may be exposed to Confidential Information about us and/or other Digital Product customers.
As a condition of purchasing the Digital Product, you agree to protect the Confidential Information and not share it with anyone outside the Online Community unless specifically allowed by these Terms & Conditions or you have written permission to do so.
You also acknowledge that you may be exposed to certain sensitive personal information that must be treated with special care, security, processing procedures, and/or other legal and regulatory requirements in your jurisdiction, and you are responsible for complying with any such local legal or regulatory requirements with respect to that information.
Your Confidential Information may be shared with our staff, sub-contractors, and/or third party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person/business we share it with also stores and treats the Confidential Information with the appropriate level of security and secrecy.
Personal Responsibility
By using the Digital Product, you accept personal responsibility for the results of your actions. You agree that we have not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended in the Digital Product or not.
We provide educational and informational resources that are intended to help participants in the Digital Product succeed. However, you recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond our control and/or knowledge.
You also recognise that prior results do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past customers of the Digital Product or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Digital Product. You agree to use your judgement and conduct due diligence before taking any actions or implementing any document, policy, plan, or action suggested or recommended in the Digital Product.
Legal Disclaimer
We are not a law firm. No attorney-client relationship is formed between you and us as a result of your purchase or use of the Digital Product.
The Digital Product contains educational information and resources which should not be construed as professional, financial, tax, or legal advice.
If you have a specific problem and need legal advice, contact a licensed attorney, solicitor, or appropriate legal professional in the applicable jurisdiction. This is not a service we provide.
Materials & information provided by you
You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide during your use of the Digital Product or which you post, upload, input, or submit on any platform, review site, or social media (collectively, the “Contributions”). We will never claim ownership of these Contributions which belong to you.
However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting us, our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including, without limitation, the rights to:
- copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution;
- to publish your name, your image, and your business name and logo (if applicable) in connection with your Contributions; and
- the rights specified in parts (a) and (b) apply to our use in any of our products, services, marketing materials, social media posts, website content, paid advertisings, or any other part of our business.
In other words, we have the right to include your Contributions – including any text, images, audio, or video recordings of you participating in or contributing (if applicable) – in any part of our offerings or marketing.
No compensation will be paid for the use of your Contributions. We are under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time without consulting or notifying you.
By posting, uploading, inputting, providing, or submitting your Contribution you warrant and represent that you own or otherwise control all of the rights to your Contribution.
We will never use any Contributions in a way that harms your business prospects or reputation. If any Contributions include the identifiable personal information of an individual other than you/your business, we will anonymise such identifiable personal information before publicly using any Contributions.
Technology and Availability
Your use of the Digital Product and any associated services may sometimes be subject to interruption or delay.
Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, emails, or any associated services will be error free, without interruption or delay, or free from defects in design.
We will not be liable to you should our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.
NO WARRANTIES
WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE PERFORMANCE OR OPERATION OF THE DIGITAL PRODUCT, INCLUDING ANY TECHNOLOGICAL ASPECTS OF THE PROGRAM.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED IN THE DIGITAL PRODUCT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
You agree to absolve and do hereby absolve us of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Digital Product and/or any information and resources contained in the Digital Product.
The information, software, products, and services included or available through the Digital Product may include inaccuracies or typographical errors. We and/or our suppliers may make improvements and/or changes in the Digital Product at any time.
To the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, equitable, consequential loss or damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Digital Product, with the delay or inability to use the Digital Product or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Digital Product, or otherwise arising out of the use of the Digital Product, whether based on contract, tort, negligence, strict liability, or otherwise, even if we or any of our suppliers has been advised of the possibility of damages.
Nothing in these DP Terms & Conditions excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent representation, or any other liability which cannot be limited or excluded by applicable law in your jurisdiction. However, you and we both acknowledge that such a circumstance is highly unlikely give the nature of the Digital Product.
If you are dissatisfied with the Digital Product or any portion of it, your sole and exclusive remedy is to discontinue using the Digital Product. In this case, no refund or rebate will be given except if you correctly use the refund policy in these DP Terms & Conditions.
Indemnification
You agree to indemnify us, defend us, and hold us harmless (as well as our officers, directors, employees, agents, and third parties) for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:
- your use of or inability to use the Digital Product and related services,
- any Contributions made by you,
- your violation of any terms of these DP Terms & Conditions,
- your violation of any rights of a third party, or
- your violation of any applicable laws, rules, or regulations.
We reserve the right, at our own cost, to take over the defence and control of any matter that you are obligated to indemnify, in which case, you will fully cooperate with us in the defence of the matter.
Termination And Access Restriction
We reserve the right to terminate your access to the Digital Product and any related services at any time if:
- you become disruptive or abusive to our staff;
- you fail to follow the Digital Product guidelines, rules, or any other reasonable instructions from us; or
- you otherwise violate these DP Terms & Conditions.
You will not be entitled to a refund of any portion of the fees if we terminate your access for any of these reasons.
Entire Agreement
These DP Terms & Conditions, along with any agreements and policies incorporated by reference, constitute the entire agreement between you and us with respect to the Digital Product, and they supersede all prior or agreements, promises, assurances, warranties, representations and understandings, whether written or oral, between you and us with respect to the Digital Product.
A printed version of these DP Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Interpretation
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa. The headings contained in these DP Terms & Conditions are for convenience only and do not affect their interpretation.
Severability
If any provision of these DP Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the other provisions of these DP Terms & Conditions, which shall remain in full force and effect.
You agree to attempt to substitute for any invalid or unenforceable provision with a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
No Waiver
The failure or delay in enforcing or exercising any term of or any right under these DP Terms & Conditions is not a waiver of that term or right and will in no way affect the right to later to enforce or exercise it.
Force Majeure
We shall not be liable or responsible to you, nor will we have defaulted or breached these DP Terms & Conditions, for any failure or delay in fulfilling or performing any part of these DP Terms & Conditions to the extent such failure or delay is the result of acts or circumstances beyond our reasonable control (“Force Majeure Events”).
Force Majeure Events include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labor disputes, materials or telecommunication breakdown, and power outage.
We are a small business with limited staff. Any illness affecting one or one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Force Majeure Event.
Effective Date
These DP Terms & Conditions shall apply and be enforceable with respect to each Digital Product purchased by you from the date that you initially purchase that Digital Product.
Governing Law
These DP Terms & Conditions are governed, construed, and interpreted according to the laws of England and are subject to the exclusive jurisdiction of the courts of Worcester, United Kingdom.
Changes to these Terms & Conditions
We may make changes to these DP Terms & Conditions. If we update, amend or make any changes to these DP Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website.
Contacting Us
For any questions, comments, or concerns regarding these DP Terms & Conditions, please contact us a team@onyourownterms.net.
