REFUND POLICY ::: Terms and conditions

Transform Your BRAND! Brand Academy

1. Overview.

bytheSpirit creative, LLC (“BTS”) is a Maryland state corporation. In these Terms and Conditions, we will reference ourselves as “BTS” or “we”, “us”, and “our”. This agreement sets out the terms and conditions for use and participating in the Transform Your BRAND! Brand Academy for Entrepreneurs referenced as “Program”.

Our Terms and Conditions (“Terms” also includes our House Rules, Privacy Policy, Data Processing Agreement, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the bytheSpirit creative’s website, Program, or materials.

When we refer to “Participant”, “Your”, or “You”, we mean the entity you represent in accepting these Terms, or, if that does not apply, you individually. If you are accepting on behalf of your your company, or another entity, you represent and warrant that (i) you have full legal authority to bind your company or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party you represent.

1.1 Age Access.

You must be at least 18 years old to participate in the Program. By registering for our Program, You are acknowledging You are at least 18 years of age. IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT PARTICIPATE IN OUR COURSE IN ANY MANNER NOR MAY YOU REGISTER FOR ENROLLMENT.

2. Program Timeline and Fees.

2.1 Program Description. The Program is a five week online program, in a “do-it-with-you” group format. The program will be delivered through an online video conferencing platform and online web modules, using other third-party applications to distribute materials, send communications, and produce content for Program. The Program is in a BETA version and BTS has the right to change the course materials, modules, website, and platform at any time throughout the course of the Program.

2.2 Program Timeline.
Program starts on June 1, 2023 | Held every Thursday, 7:00PM – 8:30PM [EST]. We reserve the right to amend the dates and times at any moment’s notice.

2.3 Program Fees and Payment.

There are two ways to pay for Program: (1) one-time full payment of $690.00 OR (2) three equal payments of $230.00, totaling $690.00. If Participant is enrolled in payment plan, the schedule of payment is as follows:

  • Initial Enrollment Payment: $230.00, must be received when initial enrollment in order to register for Program. Failure to do so will result in termination of Participant’s enrollment from Program.
  • Payment 2/3: $230.00, due two weeks after enrollment payment
  • Payment 3/3: $230.00, due two weeks after second payment

If Participant payment is not made by above due date, use of Program and access to Program materials will be terminated until Participant’s balance is paid in full. There will be no refunds or returns issued for balances not paid.

3. Code of Conduct.

The Code of Conduct represents our house rules when participating in the Program, interacting with other Participants, bythespirit creative’s staff and Guests, and using our website (including various online platforms, emails, portals, and video conferencing). If You violate this Code of Conduct, we reserve the right to remove You and any of Your Participant information from the Program. Whether conduct violates our Code of Conduct will be determined in BTS sole discretion.

3.1 No Illegal Activity.
Do not use the Program for any illegal activity. You are not allowed to use the Program, our materials, website, or any of our online platforms to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

3.2 No Fraud.
Fraud will not be tolerated in any capacity including plagiarism or deception.

3.3 No Bad Conduct.
Do not use the Program to transmit, distribute, send, or otherwise expose the Program, BTS, or its Participants to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.

3.4 No Spamming.
You may not use the Program to engage in any activities that will result in sending spam to anyone in the Program, including BTS (and its staff), Guests, and other Participants.

3.5 Be Civil.
The program is delivered in a live video conferencing format and online web modules. You must be civil and respectful at all times. This includes but not limited to:

  • No use of profanity or offensive language
  • No use of sexual innuendos, language, content, or sexual jokes
  • No use of negative words, display/presentation, or language (written or verbal) or body language that’s against any race, gender, religion, or creed.

3.6 No Exploitation.
You will not use the Program to try to gather personal information, data, content or sell other Participants name and/or data to third parties or any other companies, domestic or foreign.

3.7 No False Identity.
You will not impersonate anyone or use a false identity throughout the Program’s entirety and in class sessions, including BTS (and its staff), other Participants, and Guests.

3.8 No Data Mining or Bots.
You may not use any data mining, robots, or similar data gathering or extraction methods.

3.9 No Use Other Than Intended.
You may not use the Program, BTS, or any other Participant’s information or materials (electronic or hardcopy) contained in the Program for any purposes other than intended.

3.10 No Prohibited Content.
You may not use the Program if Your business or brand contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in BTS sole discretion. At any time, BTS has the right to unenroll you from the Program without due notice or explanation.

4. Ownership and License.

Permission is granted to temporarily download one copy per module of the Program materials (information or apps) on Program’s website, online platforms, or email for personal, non-commercial transitory viewing only. This is the grant of a license, NOT a transfer of title, copyright, or trademark, and under this license you may not:

  • Modify or copy the materials in any form;
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • Attempt to decompile or reverse engineer any materials or contained in the Program;
  • Remove any copyright or other proprietary notations from the materials; or
  • Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if You violate any of these restrictions or terms in this agreement and may be terminated by the Program at any time. Upon terminating, You must destroy any downloaded materials in Your possession whether in electronic or printed format.

5. Disclaimer

The materials on BTS website, Program’s materials, and any communications are provided “as is”. BTS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BTS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

6. Revisions and Errata.

The materials appearing on and throughout the Program materials, BTS website, or electronic/online communications could include technical, typographical, grammatical, or photographic errors. BTS does not warrant that any of the materials on its website or Program materials are accurate, complete, or current. We may make changes to the materials contained on its website, online platforms, or Program materials at any time without notice. BTS does not, however, make any commitment to update the materials.

7. Cancellation and Refund Policy.

Due to the nature of the Program, BTS will not issue refunds or returns, full or partial. This includes any attempt to conduct self-initiated chargebacks.

If you decide to cancel or terminate Your participation in the Program for any reason BEFORE June 1, 2023, a partial refund may be granted on case-by-case basis, determined solely by BTS. An enrollment fee accessed at $230.00 is non-refundable, since it collides with registration and pre-work Program materials. No refunds or returns will be granted on or AFTER June 1, 2023. If You terminate Your participation and/or engagement in the Program for any reason on or after June 1, 2023, You are required to pay any outstanding Program balances, payments, and fees within 90 days of termination.

You can request to hold your enrollment seat at only one (1) future cohorts, up to one year after initial enrollment date, only after all payments are made. No refunds or returns will be issued.

If your enrollment is terminated due to conduct that goes against these Terms and Conditions, BTS values, or any reason BTS deemed fit, you will not receive a refund or return AND you must pay all outstanding Program balances, payments, and fees within 90 days of termination.

8. Force Majeure.

BTS shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to, acts of nature, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

9. Privacy Policy.

9.1 How BTS use collected information

BTS may collect and use Participant’s personal information for the following purposes:

  • To improve customer service with BTS. Information You provide helps us respond to customer service requests and support Your needs more efficiently.
  • To personalize Participant’s experience. We may use information in the aggregate to understand how our Participants as a group use BTS services, materials, and resources provided throughout the Program and on our website.
  • To send periodic emails. We may use the email address to send Participant information and updates pertaining to the Program and other BTS services. It may also be used to respond to Participant inquiries, questions, and/or other requests. If Participant decides to opt-in to our mailing list, they will receive emails that may include BTS news, updates, related product or service information, etc. If at any time the Participant would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or Participant may contact us via our email.

9.2. Sharing your personal information 

We do not sell, trade, or rent Participants’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

10. Limitations.

In no event shall BTS, the Program, directors, suppliers or its staff and Guests be liable for any injuries, losses, claims, or damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use or engagement of the Program materials, BTS website, downloads, email communications, third party apps and platforms, even if BTS or a BTS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

BTS is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code or cyberattacks.

11. Authorize Agreement.

By enrolling in the Program and submitting payment (full or partial), you, the Participant hereto have agreed to the above Terms and Conditions effective as of the first date of initial enrollment. Submitting enrollment information and payment fully represents that you, the Participant has the full authority to enter into this Agreement and to bind her/his respective business or party to all of the terms and conditions herein.