Digital Product Agreement
This Agreement (“Agreement”) is made effective by and between Andrea Toth Workouts (“Andrea Toth”), and the purchaser of the digital product (hereafter “Customer”), for the purpose of the Customer purchasing a digital Promptlate product from Andrea Toth’s online shop (the “Product”). The Customer agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
Digital Product Usage
After purchasing the digital product, Customer will be given access to the product materials within [48 hours] through a download delivered in his/her email. Customer will have lifetime access to the materials so long as the product(s) is/are available.
Andrea Toth hereby grants to Customer one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Customer understands and agrees that the Product materials may not be shared with any third party. In the event Andrea Toth suspects that the Product is being shared with another party, Andrea Toth reserves the right to immediately terminate Customer’s access to the Product. Customers may use the Product for their own personal use.
Fees & Payment Processing
In consideration for access to the Product provided by Andrea Toth, the Customer agrees to compensate Andrea Toth for the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, the Customer shall provide a new eligible payment method before receiving access to the Product. In the event, Customer has already been given access to the Product and a payment method is declined, Andrea Toth reserves the right to collect any and all outstanding receivables.
The payment processors Andrea Toth work with are:
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Customer in connection with the Product will be allowed under any circumstances.
By purchasing the Product, Customer will be asked to provide personal information including his/her name, email address, mailing and billing address. Customer agrees to allow Andrea Toth access to this personal information for all lawful purposes. Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Andrea Toth on any changes to his/her identifying information.
The billing information provided to Andrea Toth by Customer will be kept secure and is subject to the same confidentiality and accuracy requirements as Customer’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Upon delivery of the digital product to Customer, Andrea Toth hereby transfers and assigns to Customer all copyrights regarding the Product.
Warranties and Liability
Andrea Toth makes every effort to ensure that the Product is accurate and fit for the use of Andrea Toth’s customers. However, Andrea Toth takes no responsibility whatsoever for the suitability of the Product, and Andrea Toth provides no warranties as to the function or use of the Product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for a particular purpose. Customer agrees to indemnify Andrea Toth against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Customer’s breach of these terms and conditions. Andrea Toth shall not be liable to Customer or any third party for consequential, indirect, special, or exemplary damages including but not limited to damages for loss of profits, business, or anticipated benefits whether arising under tort, contract, negligence, or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
Andrea Toth does not make any guarantees as to the results, including financial or other personal gains, of Customer’s use of the Product. Customer agrees to take responsibility for Customer’s own results with regard to using the Product.
Release & Reasonable Expectations
Customer has spent a satisfactory amount of time reviewing Andrea Toth’s business and has a reasonable expectation that Andrea Toth’s Product will produce different outcomes and results for each Customer. Customer understands and agrees that:
▪ Every client and final result using the Product is different;
▪ The Product is intended for a mass audience.
This is a binding agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
This agreement cannot be transferred or assigned to any third party without the written consent of both parties.
In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement