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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. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A CLASS ACTION WAIVER.

Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.

Class Action Waiver: YOU AND SYSTEMSCULPT AGREE THAT ANY DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Small Claims Exception: Notwithstanding the above, either party may bring an individual action in small claims court if the action is within that court's jurisdiction and is pending only in that court.

Opt-Out Right: You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to mike@systemsculpt.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you want to opt out of arbitration.

15. Governing Law and Jurisdiction

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. Subject to the arbitration provisions above, 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.

16. Export Compliance

You may not use, export, or re-export our Services or any Digital Products except as authorized by United States law and the laws of the jurisdiction in which the Services or Digital Products were obtained. In particular, but without limitation, our Services and Digital Products may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using our Services, you represent and warrant that you are not located in any such country or on any such list.

17. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which results from any cause beyond our reasonable control, including, without limitation, acts of God, fire, flood, earthquake, pandemic, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

18. Electronic Communications

By using our Services, you consent to receiving electronic communications from us. These electronic communications may include notices about your account, transactional information, promotional materials (which you may opt out of), and other information concerning or related to our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. Notice

Where we require that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us at: mike@systemsculpt.com. Such notice shall be deemed given when received by us.

21. California Consumer Rights

Under California Civil Code Section 1789.3, users of our Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Acceptable Use Policy

Your use of our Services is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy may result in immediate termination of your access to our Services.

23. Accessibility

We are committed to ensuring our Services are accessible to individuals with disabilities. Please review our Accessibility Statement for information about our accessibility features and how to report accessibility issues.

24. DMCA Policy

We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act. Please see our DMCA Policy for information on reporting copyright infringement.

25. Cookie Policy

Our use of cookies and similar technologies is governed by our Cookie Policy, which is incorporated into these Terms by reference.

26. 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.

27. Contact Us

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

Email: mike@systemsculpt.com