Terms of Service

Last updated: April 5, 2025

1. Acceptance of Terms

Welcome to SystemSculpt. These Terms of Service ("Terms") govern your access to and use of our website (systemsculpt.com), including all content, digital products, consultation sessions, subscriptions, and other services offered (collectively, the "Services").

By accessing our website, creating an account, purchasing, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our separate Privacy Policy and Refund Policy, which are incorporated herein by reference. If you do not agree to all of these terms, do not access or use our Services.

2. Definitions

• "Services" includes our website, all content thereon, consultation sessions, session packages, subscription services, and Digital Products.
• "Digital Products" refers to any downloadable or electronically accessible content sold or provided by us, such as e-books, templates, courses, guides, or software tools.
• "User," "you," and "your" refers to the individual or entity accessing or using our Services.
• "We," "us," and "our" refers to SystemSculpt.

3. Account Registration and Security

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials (password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Service Usage and Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations.
• Use the Services for any illegal, fraudulent, or unauthorized purpose.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the website or any Digital Product.
• Copy, modify, distribute, sell, lease, sublicense, or otherwise transfer any part of our Services or Digital Products without our express prior written permission, except as permitted by the license grant for Digital Products.
• Access our Services through automated means (e.g., bots, scrapers, scripts) without authorization.
• Upload or transmit viruses, worms, or any other type of malicious code.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm SystemSculpt or users of the Services.

5. Intellectual Property Rights

The Services and all original content (excluding user-provided content, if any), features, and functionality (including but not limited to text, graphics, logos, icons, images, software, audio clips, video clips, data compilations) are and will remain the exclusive property of SystemSculpt and its licensors, protected by copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6. Digital Products and License Grant

Access to Digital Products is subject to your payment of applicable fees.

Upon successful payment for a Digital Product, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Digital Product solely for your personal or internal business purposes, consistent with these Terms. This license is specific to you and does not permit sharing, reselling, distributing, publishing, or sublicensing the Digital Product in any form.

This license is effective until terminated. We may terminate this license at any time if you fail to comply with these Terms, without notice and without refund.

7. Consultation Sessions and Scheduling

When scheduling a consultation session, you agree to be available at the scheduled time. Scheduling, cancellation, and forfeiture policies are governed by our Refund Policy. Specifically, cancellations made with less than 24 hours' notice or no-shows result in forfeiture of the session and fee.

8. Payment Terms and Refunds

All payments for Services are processed securely through our third-party payment processor (Stripe). By making a purchase, you agree to provide accurate and current payment information and authorize us (through Stripe) to charge your payment method for the Services purchased.

Prices for Services are subject to change without notice, but changes will not affect purchases already completed.

You are responsible for any applicable sales, use, or other governmental taxes or fees payable in connection with your purchase.

All payments are final and non-refundable, except as expressly provided in our separate Refund Policy. Please review the Refund Policy carefully before making any purchase.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

NEITHER SYSTEMSCULPT NOR ANY PERSON ASSOCIATED WITH SYSTEMSCULPT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

ANY CONTENT DOWNLOADED OR ACCESSED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYSTEMSCULPT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SYSTEMSCULPT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless SystemSculpt, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your violation of any law or the rights of a third party.

12. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including without limitation if you breach these Terms or our other policies (including attempting chargebacks contrary to the Refund Policy).

If we terminate your account, your right to use the Services will immediately cease. Termination of your account does not entitle you to any refund of payments made, except as may be explicitly required by applicable law or our Refund Policy's limited exceptions.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we may attempt to provide notice prior to any new terms taking effect, but we are not obligated to do so. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief.

15. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and SystemSculpt regarding our Services and supersede all prior agreements.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Email: mike@systemsculpt.com