TERMS OF SERVICE - YOUR TEMPLATE CLUB ANNUAL

Last Updated: February 9, 2023

By checking the box next to these Terms of Service, and clicking the “Purchase” button, you, the purchaser of Your Template Club (“Customer” or “You”) agree to purchase this item provided by Two Cars Go Boom, DBA Your Social Team, a Georgia Limited Liability Corporation (“Company”, “We”, “Our”, or “Us”) and agree to enter into this legally binding agreement, with terms as follows:

For good and valuable consideration, Customer agrees to purchase Your Social Team Membership, an annual membership subscription, (“Subscription”) from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.

ACCEPTANCE OF THE TERMS

These Terms of Service are entered into by and between You and Company. The following terms and conditions "Terms of Service" govern your access to and use of yourtemplate.club, Your Template Club Subscription, including any content, functionality, and services offered on or through yourtemplate.club (the "Website"), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at https://yourtemplate.club/terms-and-conditions, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase our goods and services.

For good and valuable consideration, Customer agrees to purchase Your Template Club, a monthly subscription, (“Subscription” or “Product”) from Company.  In exchange, Company agrees to provide the purchased item, with details as outlined below.

SUBSCRIPTION DETAILS

Your Template Club Subscription is a quarterly or annual subscription service.  

A) Customer understands and agrees this Subscription includes: 

• (1) set of Canva templates bi-weekly, each set containing no less than 20 unique templates. Templates will be sent via email every other Monday, or on the following business day in case of U.S. holiday or holiday in the state of Georgia.
• A short video tutorial that will cover all peculiarities on how to edit said templates and may also provide additional professional tips.
• Access a Customer-only online portal that includes access to past sets of templates and video resources

B) Customer understands and agrees this Subscription does not include: 

• Discounts in other Company services or products
• Social media management
• Private 1:1 support from Your Template Club or Your Social Team
• Occasionally we feature our subscribers in our social media and marketing, but this is not guaranteed or included, and is done solely at the discretion of Company
• Any good or service other than that listed is Section A above.
  

Customer has done sufficient research to fully understand what is included in the Subscription and what is not included in the Subscription. Customer agrees to be bound by Company’s Disclaimer which is posted here: yourtemplate.club/terms-and-conditions

LIMITED LICENSE

By purchasing the Product, Customer is granted one limited, revocable, non-transferable non-sublicensable, non-exclusive license to view, read, download, print and use the materials and content in the Product, for Customer’s personal use only, as directed by Company.  No use by Company of the Product in any medium or manner will be deemed to interfere with the limited permissions made to Customer by Company herein. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Except as conveyed in the USAGE section in these Terms, Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent.  If a violation of this provision is discovered or suspected, Customer understands that this may constitute a violation of the Business Practices Act, infringement and theft of Company’s intellectual property and may be a violation of State and Federal laws.  In that event, Company reserves the right to prosecute such infringement to the fullest extent of the law.

If you violate this license by giving or selling a copy of our template(s) to any third party, We reserve the right to invoice you for the licenses you have distributed to others, revoke your access to our template(s) permanently, and/or sue for any and all damages.

Company reserves all rights not expressly granted to Customer under these Terms of Service.

USAGE

Our Subscription and Product(s) may only be used for personal or commercial use by Customer, for Customer’s own social media accounts or for the accounts they personally manage or those for which they create content. Our Subscription and Product(s) may not otherwise be shared with or sold to anyone, or modified for resale or for-profit gain in any way.

To be clear, these Products have been designed for you to use on your personal or business Instagram pages.  Additionally, you may use them for any accounts you manage as a social media manager.

However, these templates cannot be used without customizing.  Specifically, the text prompts, images, gifs, fonts and colors within the templates need to be customized with the specifics of the brand that you are using them for.  The subscription does not give you the ability to expose the methodology contained within the templates themselves.

Additionally, you may not resale or distribute these templates or any derivatives of these templates in any way not specified herein.  For example, you may not purchase our templates and then open your own template store to resale our property even with derivative changes, including, but not limited to, resizing our templates to create any other digital product for resale.  Yes, this has happened to us multiple times.

For clarity, using our Intellectual Property for ‘inspiration’ for your own content or offering is a violation of our Intellectual Property rights and these Terms.

As a business owner or entrepreneur, you know how disappointing and stressful it can be when people steal, misuse, give away, distribute or hold out your work as their own. Simply put, It’s just plain wrong to profit off of another’s hard work. 

Rest assured, we enforce our brand’s rights and protect our intellectual property to the fullest extent of the law.

Any usage violation may result in immediate termination of Customer’s access to the Your Template Club Subscription service and revocation of Usage, with no refunds given for any previous payments made.

NON-COMPETITION

By enrolling in or purchasing a Subscription, you agree that you shall not create, sell or distribute any services or digital products that are similar to those sold by us, and specifically any membership, subscription, or digital product that includes Canva templates for Instagram for a period of two (2) years after purchase.

For clarity, you shall not, under any circumstances, purchase any of our Offerings as ‘market research’ for creation of your own product or service. 

Doing so may result in immediate termination of Customer’s access to the Your Template Club Subscription service, with no refunds given for any previous payments made.

EXCLUSIVE USE IN CANVA

All of our templates are designed for exclusive use in CANVA only.  To be clear, you need to edit these designs in CANVA exclusively. Our templates or portions of the templates were designed in CANVA. As a customer, you are agreeing to abide by our Terms of Service and CANVA’s Terms of Service and Acceptable Use Policy. That means that you need to familiarize yourself with what you can and cannot do with the templates by reviewing CANVA’s Terms of Service linked above. CANVA places additional usage restrictions on templates and by subscribing to Your Template Club, you are agreeing to those usage restrictions.

Any usage violation may result in immediate termination of Customer’s access to the Your Template Club Subscription service, with no refunds given for any previous payments made.

INTELLECTUAL PROPERTY 

Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Product, unless otherwise stated, including but not limited to, templates, caption templates, writings, brand design, branding elements, designs, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.  

Subject to the foregoing, Company does not make any copyright or ownership claims over the Canva elements in these designs nor do we make any copyright or ownership claims over licensed materials, GIFs, memes, or other third-party material.

All templates should be customized by the Customer and done so by respecting all intellectual property laws and any other applicable State or Federal laws.

PAYMENT

In consideration for the Subscription provided by Company to Customer, Customer agrees to pay Company a recurring fee of $197 per quarter (every three months) OR $670 per year (“Fee”). Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.

Customer shall make valid required payment prior to gaining any access to the Subscription. 

Customer gives Your Template Club by Your Social Team permission to automatically charge Customer’s method of payment on file for all renewal payments, at the time they are due, without any additional authorization.  

Customer understands and agrees that if any payment due is not able to be processed and/or received on its due date, Company will notify Customer, who will then have a 3-day grace period to make the payment.  Once the grace period has expired, if payment is still not able to be processed, Customer’s access to the Your Template Club Subscription will be terminated, with no refunds given for any previous payments made.

Customer further understands and agrees that Customer may choose to cancel their Subscription at any time.

REFUND POLICY

This is a digital subscription and you get access to all Product and other inclusions upon purchase. Because of that, we do not accept refund requests. You may cancel your subscription at any time.

Customer understands that Company does not give refunds.

CHARGEBACKS

In the event a chargeback is attempted with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.  

COMMUNICATIONS

Any customer support questions can be sent via email at [email protected]. Company will respond within 2 business days.

NON-DISCLOSURE AND CONFIDENTIALITY

Customer understands that this Purchase includes access to Company’s intellectual property, original work, design and/or branding elements, trade secrets, business affairs, third-party confidential information, and other sensitive and other proprietary information, (“Company’s Information”), including but not limited to video recordings, strategies, technical information, verbal guidance and other unpublished information.  Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Service. Customer agrees not to resale or distribute any of Company’s intellectual property, trade secrets and other proprietary information.  Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law.

By participating in the Your Template Club Subscription, Customer may share private and confidential information with Company.  Company agrees not to disclose such confidential information except as otherwise reserved in this agreement and if required to do so by law.  A further exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency.  Further, Customer may authorize Company to disclose private and/or confidential communications independent of this agreement or outside the scope of this agreement and such authorization will be given by Customer to Company in writing.  

Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

TERMINATION 

Customer may terminate and discontinue the Subscription at any time, for any reason, by going to the Company's website at www.yourtemplate.club and logging into their account, then selecting to cancel the plans. 

Customer may also email their cancellation request to the Company, and Company will cancel their subscription within 2 business days. Customer agrees and acknowledges that no portion of payments already made will be refunded.

Upon cancellation, customer will still receive Product for the duration of time remaining on their subscription (90 days after last payment for quarterly subscriptions and 365 days after last payment for annual subscriptions.)

TESTIMONIALS

Company may request Customer to provide a testimonial on the Purchase.  Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.

If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion.  Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial.  Customer agrees to sign a Testimonial Release if requested by Company.

NO GUARANTEES, NO WARRANTIES

Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Purchase.

Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase.  Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.

The Purchase is provided “as is,” and, except for the express warranties in these Terms of Service, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement.  Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase.  The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual. 

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE

Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as financial, business or legal advice.  Company provides social media information and education.  Client understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such.  Nothing in the Services is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional.  Company is providing services only in the capacity as a social media consultant, not as a licensed business professional.  Company does not guarantee that Client will obtain any specific results or earn any money using its recommendations. 

Customer has read, understands and consents to be bound by Company’s full Disclaimer, located at yourtemplate.club/terms-and-conditions, which is incorporated here.

ASSUMPTION OF RISK

Customer is entering into this Purchase voluntarily at Customer’s own free will.  Customer understands that the Purchase may include participation in financial, business or career strategies which include inherent risks.  Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed business  professional before acting on any content of the Purchase.  If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.

LIMITED LIABILITY, INDEMNIFICATION 

Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from these Terms of Service or the Purchase, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law.  In no event shall Company’s liability exceed the fees paid under these Terms of Service.

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to these Terms of Service or Purchase.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCT OR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE OR PRODUCT. YOUR USE OF THE WEBSITE AND PRODUCT AND YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE AND PRODUCT IS SOLELY AT YOUR OWN RISK.

GOVERNANCE

These Terms of Service shall be construed in accordance with, and governed by, the laws of the State of Georgia as applied to contracts that are executed and performed entirely in Georgia, regardless of Customer’s location.  The exclusive venue for any legal proceeding based on or arising out of these Terms of Service shall be Fulton County, Georgia. 

DISPUTE RESOLUTION, LITIGATION EXPENSES 

Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Fulton County, Georgia.  Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law.  Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.

Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company.  NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER. 

If any legal action is brought because of an alleged dispute regarding these Terms of Service, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.

ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT 

Customer and Company agree that these Terms of Service constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals.  Customer understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Service is not included in the Purchase. 

Customer agrees that no waiver of any of the provisions of these Terms of Service shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Service, nor shall any waiver constitute a continuing waiver.

If any term of these Terms of Service is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Service are not assignable, delegable, sub-licensable, or otherwise transferable.

CHANGES TO TERMS

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the dispute resolution and governance provisions will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website. 

Your continued use of the Website and Subscription following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

FINAL

By purchasing Subscription, Customer and Company acknowledge and agree to all of the terms of these Terms of Service.