The following terms and conditions (the “Services Terms & Conditions”) are entered into between you (referred to as “you” or “your”) and Apifocal LLC (referred to as “On Your Own Terms”, “we”, “our”, or “us”).

The Services

We provide various 1:1 services which help entrepreneurs legally protect their businesses and/or negotiate business agreements, any one of which is a “Service”.

As a condition of purchasing and using the Service, you agree to be bound by these Services Terms & Conditions.

Terms That Apply to Your Purchase

Our Website Terms of Use and Privacy Policy form part of these Services Terms & Conditions.

Unless these Services Terms & Conditions state otherwise, each of those agreements and policies shall apply fully to your purchase and use of the Service.

If there is any inconsistency between any of those agreements and/or policies and these Services Terms & Conditions, these Services 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 Services Terms & Conditions, you can be sure that the refund policy you see here applies to your Service purchase.

Our Relationship With You

When you purchase a Services, we agree to provide you with the information, documents, and any other specified deliverables, which are an educational and informational resources.

The information and documents delivered as part of a Service, including any interactions with any of our staff, is not intended as, and shall not be understood or construed as, professional, financial, tax, or legal advice.

Nothing in these Services Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and us.

Legal Disclaimer

On Your Own Terms is not a law firm. We do not provide legal advice. We are not your lawyers. All of our content, products, and services (whether free or purchased) are educational resources.

You are fully responsible for how you choose to use any of the information, documents, or any other deliverables provided through a Service. You alone must deal with the consequences of your decisions to apply or not apply anything you've learned.

No attorney-client relationship is formed as part of your purchase or use of a Service.

Payment Required for Service

By purchasing the Service, 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 receiving the Service.

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 start providing a Service immediately when you make a payment, but if the payment then fails, we may cease to deliver the Service and withhold any deliverables. If your payment fails, you also lose all licenses and rights to the Service content and/or deliverables.

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 Service 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.

In summary, you commit to paying in full for your purchase, and 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

The first time a payment fails or the payment deadline is missed, if you subsequently make the payment that was due, we will resume the Service with no penalties.

Any scheduled calls or delivery dates may be postponed. The postponement will be at least proportional to the delay caused by the failed payment. However, if we have limited capacity to deliver the Service due to other obligations by the time you've rectified the failed payment, there may be further delays in delivering the Services. We will not be held responsible for such further delays which were caused by your failed payment.

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 Services 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.

If you are not satisfied with your purchase and would like to request a refund, you can email us at [email protected] to request a refund within 30 days of the date of your purchase. If your refund request meets our policy's requirements, we will issue your refund as soon as possible.

Our refund policy is in addition to any legal rights you have, and it in no way replaces those rights.

If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please send us an email describing your situation at [email protected]. We will verify our legal obligations, and if required, we will provide you with a refund.

What Is Included With Your Services Purchase

Each 1:1 Service has its own specifications and is often customised to the customer. We will always specify the inclusions of the Service to you by email and/or on the purchasing page.

Intellectual Property

All content included as part of the Service, in any format, and any software used in delivering any part of the Service, 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 Service does not result in a transfer of any intellectual property to you. As a condition of your use of the Service 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 Services Terms & Conditions or with specific written consent from us in advance.

Licence

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the content and/or deliverables provided as part of the Services for your own business’s use to achieve the outcomes set out upon purchasing the Service (the “Purpose”).

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 Service or deliverables provided, except to the extent required to fulfil the Purpose.

For example, you may modify a terms & conditions or contract document you receives as part of a Service with your new refund policy because this falls under the Purpose of the Service to achieve legal protection for your business. However, you may not change the name of the business to your friend's business and allow your friend to use a copy in their own business. These are illustrative examples only, and you have an obligation to fully comply with the restrictions of the license.

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 a Service does not entitle you to make any unauthorised use of our knowledge, information, or content in any deliverables. 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 Services 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 Services Terms & Conditions.

If you violate this license by giving or selling a copy of our content or deliverables to 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 Services 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:

    a) information about a person, contact details, and payment details;
    b) information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and
    c) information about customers, including personal details and situations.

It is possible that as part of providing a Service to you, we may share some of our Confidential Information with you. You agree to protect the Confidential Information and not share it with anyone else unless specifically allowed by these Terms & Conditions or you have written permission to do so.

Due to the nature of our Services, you will share some of your Confidential Information or your customers/clients Confidential Information with us. You have the responsibility to only share Confidential Information with us if you are legally allowed to do so.

Any Confidential Information you share with us may be shared with our staff, sub-contractors, and/or third party providers only to the extent necessary in order to provide the Service 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 Service, 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, using (or not using) any plan or deliverable, whether provided/recommended in the Service or not.

We provide educational and informational resources that are intended to help our customers protect and grow their businesses. 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 our Service 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, documents, and/or deliverables made available to you as part of the Service. 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 Service.

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 Service or post, upload, input, or submit on any platform 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:

a. copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution; and
b. to publish your name, your image, and your business name and logo (if applicable) in connection with your Contributions.

In other words, we have the right to include your Contributions – including any text, images, audio, or video (if applicable) – in our marketing materials going forward.

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 as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the 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, we will anonymise such identifiable personal information before publicly using any Contributions.

Technology and Availability

Our delivery of the Service and your use of any part of the Service 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.

As it applies to the delivery of the Service, we will not be liable to you should any 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 SERVICE OR ANY CONTENT AND/OR DELIVERABLES PROVIDED AS PART OF THE SERVICE IN ANY FORMAT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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 SERVICES AND/OR ANY DELIBERABLES FOR ANY PURPOSE.

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 Service and/or any information, documents, deliverables, and/or resources provided as part of the Service.

The information, documents, and/or any other deliverables included or available through the Service may include inaccuracies or typographical errors.

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 Service, with the delay or inability to use the Service or related service, the provision of or failure to provide services, or for any information, content, documents, deliverables, and related graphics provided through the Service, or otherwise arising out of the use of the Service, 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 Services 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 Service.

If you are dissatisfied with the Service or any portion of it, your sole and exclusive remedy is to discontinue using the Service and any related deliverables. In this case, no refund or rebate will be given except if you correctly use the refund policy in these Services 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:

    a. your use of or inability to use the Service and related services,
    b. any Contributions made by you,
    c. your violation of any terms of these Services Terms & Conditions,
    d. your violation of any rights of a third party, or
    e. 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 Service and any related deliverables at any time if:

    a. you become disruptive or abusive to our staff;
    b. you fail to follow any guidelines, rules, or any other reasonable instructions from us; or
    c. you otherwise violate these Services 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 Services Terms & Conditions, along with any agreements and policies incorporated by reference, constitute the entire agreement between you and us with respect to the Service, 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 Service.

A printed version of these Services 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 Services Terms & Conditions are for convenience only and do not affect their interpretation.

Severability

If any provision of these Services 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 Services 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 Services 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 Services Terms & Conditions, for any failure or delay in fulfilling or performing any part of these Services 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, labour 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 Services Terms & Conditions shall apply and be enforceable with respect to each Service purchased by you from the date that you initially purchase that Service.

Governing Law

These Services Terms & Conditions are governed, construed, and interpreted according to the laws of England and are subject to the exclusive jurisdiction of the courts of City of Manchester, United Kingdom.

Changes to these Terms & Conditions

We may make changes to these Services Terms & Conditions. If we update, amend or make any changes to these Services 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 Services Terms & Conditions, please contact us a [email protected].