Your Selling Studio
Terms of Sale
[FILL IN] to find each spot. Delete this box and the yellow highlights when you are done.
- Credit to Automattic. Parts of Sections 2, 4, 7, 8, 9, 10, 11 and 13 follow the WordPress.com Terms of Service, which are licensed under Creative Commons Attribution-ShareAlike. The license asks for credit, a note that we changed them, and that anything we adapt is shared under the same license. I added the credit line in the footer. Confirm the license version at the link before you publish, or rewrite those sections further if you do not want the ShareAlike condition on this page.
- Left out on purpose. The WordPress European user terms (14 day withdrawal, digital content waiver, Irish entities). We sell to the United States only, so Section 2 says that plainly and lets us cancel and refund an order from anywhere else. If you ever sell outside the US, that content has to come back.
- This page covers anything you buy directly from The Kreative Kapitol, Inc., which right now is Your Selling Studio. It does not cover something you buy from an independent seller's shop built on Your Selling Studio. That seller's own store policies, linked on their page, govern those purchases.
- Everything sold here is a digital product. Nothing ships. You get access by email, generally within minutes.
- You pay once. There is no subscription and nothing renews.
- All sales are final once delivered, with two narrow exceptions: a duplicate or mistaken charge, or a delivery that never arrived after you checked spam and contacted us. Details are in the Returns and Refunds Policy.
- We sell to customers in the United States only.
- Payment is processed by Stripe. We never see your full card number.
- To use Your Selling Studio to sell, you also agree to the separate Seller Terms.
On this page
1. Who this is with
These Terms of Sale are between you and The Kreative Kapitol, Inc., doing business as Your Biz Bestie ("we," "us," "our"), the company behind Your Selling Studio and Your Biz Bestie. They apply to anything you buy directly from us at yoursellingstudio.com, yourbizbestie.net, or any checkout page we run ourselves, and to your use of what you bought.
They do not apply to a purchase from an independent seller who built a shop with Your Selling Studio. That seller is the seller of record for their own sales and publishes their own store policies on their own pages. Section 9 explains more. If you are not sure which applies, check who the checkout page says you are buying from.
2. Agreement and who may buy
By completing a purchase (clicking the buy button, checking any required box, and paying) you agree to these Terms of Sale, our Returns and Refunds Policy and our Privacy Policy. If you do not agree, do not complete the purchase.
You must be at least 18 years old and able to form a binding contract with us. If you buy for a business, you confirm that you have authority to accept these terms for it, and "you" means both you and that business.
United States only. We sell to customers in the United States only. Please do not buy from us from outside the United States. If an order comes from outside the United States, we may cancel it and refund it in full. By buying, you also confirm that you are not located in a country or territory under comprehensive United States sanctions, and that you are not on any United States list of prohibited or restricted parties.
3. What you are buying
This page gives the general terms for everything we sell directly. Each product's sales page tells you what you get and what it costs when you buy. The only product we sell directly right now is below.
Your Selling Studio: Lifetime Access
One payment for lifetime access to the Your Selling Studio web app: build your link in bio, product and sales pages and funnels, connect your own Stripe account, and sell under your own name. What is included and the current price are shown on its sales page when you buy.
Using the Studio to sell your own products also means agreeing to the Seller Terms the first time you sign in. That is a separate, additional agreement that covers you as a seller, not only as a buyer of the software.
What "lifetime" means. Lifetime Access means access for as long as we operate Your Selling Studio. It does not mean your lifetime, and it is not a promise that the Studio will exist forever. If we ever permanently shut the Studio down, we will email you at least 60 days before and give you a way to export your pages and data.
Founding owner price. A limited number of early buyers pay a lower founding owner price. When the founding seats are gone, checkout charges the regular price automatically. The price you pay is the one shown at checkout at the moment you pay. A founding price is for the purchase it was charged on and does not carry over to a later purchase.
Changes to the Studio. We may change, add, improve or remove features of the Studio over time, for example to fix problems, keep it secure, follow the law, or keep up with the services it depends on. We do not promise any particular feature will always be included. A new feature may be sold separately.
Beta features. A feature marked beta, preview or early access is offered for testing and feedback. It may contain errors, may be unavailable, and may change or end at any time with or without notice. We do not promise any result from it, and you are responsible for decisions you make based on what it shows you.
AI features. If you connect the Studio to an AI assistant, what that assistant reads from your studio is handled under that assistant's own terms and privacy policy. AI can be wrong. Review anything it produces before you use or publish it.
4. Price, payment and taxes
One-time payment. Prices are in US dollars. What we sell directly is a one-time payment. It is not a subscription, and nothing renews or charges you again unless you separately agree to something that says so.
What you pay. You pay the price shown at checkout when you pay, including any sale price, discount code or bundled offer in effect then. We may change prices going forward, and a change never affects a purchase you already completed.
Payment. Payment is processed by Stripe. We never receive or store your full card number. By paying, you authorize the charge and confirm that the payment details you gave are yours to use. If a payment fails, if we suspect fraud, or if you reverse or dispute a charge for a purchase that was delivered, we may close or suspend the access that purchase gave you.
Taxes. Where the law requires us to collect sales tax, we calculate and charge it at checkout. Unless a page says otherwise, a price does not include taxes you may owe, and you are responsible for any taxes that apply to your purchase or to your use of what you bought.
5. Refunds and cancellations
Refunds and cancellations are covered in full by our separate Returns and Refunds Policy, which is part of these Terms of Sale. In short: everything we sell is a digital product delivered when you pay, so all sales are final once delivered, with two narrow exceptions (a duplicate or mistaken charge, or a delivery that never arrived). We also give a refund when the law requires one. The policy tells you exactly how to ask.
6. Delivery, your login and access
Access is delivered to the email address you give at checkout, generally within a few minutes of payment. You sign in to the Studio with a link we send to that email. There is no password.
You are responsible for giving us an email address that works and that you check, for keeping it current, and for watching your spam or promotions folder if an email does not appear in your inbox. Keep your receipt email. It has the link back to your order.
You are responsible for everything done with your login. Do not share it. Tell us right away at the address in Section 17 if you think someone used it without your permission. We may limit access until we can confirm your email address, and we may suspend a login we believe has been compromised.
7. Your license and the rules
What you buy is licensed to you for your own use. It is not sold to you outright. We give you a limited, non-exclusive, non-transferable, revocable license to use what you bought, under these terms and, for the Studio, under the Seller Terms. Unless a product's own page says otherwise, you may not resell, redistribute, rent, sublicense or share what you bought, share your login, or repackage it as your own product or template for others.
Whatever you do with the Studio, you agree that your use will:
- follow these terms, the Seller Terms and all laws that apply to you, including laws about online conduct, advertising, privacy, consumer protection and unfair competition;
- not be for any unlawful purpose or to publish illegal content;
- not infringe anyone's intellectual property or privacy rights;
- not overload or interfere with our systems or anyone else's, or attack or disrupt any service or network;
- not be used to send spam or bulk unsolicited messages;
- not be used to create, spread or enable malware or other malicious code; and
- not involve reverse engineering, decompiling, scraping or copying the Studio or anything in it that is not open source.
8. Third-party services
The Studio and our products work with services run by other companies, such as Stripe for payments and the providers that host, store, secure and email on our behalf. We do not control those services. Their own terms and privacy policies apply to your use of them, they may charge their own fees (for example, Stripe charges you its processing fees when you sell through your own Stripe account), and we are not responsible for their outages, changes or acts. If you use a third-party service, some of your information, and your customers' information, may be sent to it. Read its terms and privacy policy first. Contact the third party directly if you have a question about how its service works.
9. Purchases from independent sellers
People who buy Your Selling Studio can use it to run their own shops. When you buy from one of those shops, you are buying from that seller and not from us. We are not involved in the seller's store, orders, quality, timing, pricing or legality, in what is or is not included, or in any product, service or membership you buy. We are not a party to your transaction. The seller alone is responsible for what they sell, for delivery and support, for refunds and returns, and for the store policies linked on their page. These terms and our Returns and Refunds Policy do not cover those purchases. Contact the seller with questions, complaints and refund requests. If you want to report a seller who broke our Seller Terms, you can tell us at the address in Section 17, but we cannot refund a seller's sale.
10. Intellectual property and feedback
Your Selling Studio, Your Biz Bestie, The Kreative Kapitol and every related name, logo, template, design, code and piece of content we provide belong to us or our licensors. Buying from us does not transfer any of that to you, and it gives you no right to use our names or logos.
You keep ownership of what you create and upload, such as your pages, photos, text and product files. You give us the limited permission we need to host, store, display, back up, send and otherwise handle that material to run the Studio for you. You are responsible for what you publish and for having the rights to publish it. The Seller Terms say more about seller content.
If you send us ideas, comments or feedback, we may use them without restriction or payment to you.
11. Suspension and ending
We may suspend or end your access, with or without notice, if we believe you obtained it through fraud or a payment dispute you should not have made, shared or resold it, or broke these terms or the Seller Terms, or if the law or a payment processor requires it. If we end your access for those reasons, we owe no refund, except as the Returns and Refunds Policy says. You may stop using what you bought at any time. Sections 7, 10 and 12 through 16 continue after access ends.
12. Disclaimers
To the fullest extent the law allows, what we sell is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise that it will be error free, uninterrupted or secure.
We do not guarantee any business result, sales figure or income from using Your Selling Studio or anything else we sell. What you earn depends on your own work, market and choices, and is not a promise from us. The Studio is a tool. Nothing in it or on our pages is legal, tax or financial advice, and you remain responsible for your own pages, products, policies and compliance with the law.
13. Limitation of liability
To the fullest extent the law allows, we and our suppliers, partners and licensors will not be liable for any special, incidental, indirect or consequential damages, for lost profits, revenue, sales or goodwill, for the cost of substitute products or services, or for interruption of use or loss or corruption of data. Our total liability for all claims relating to a purchase or to the Studio is limited to the greater of $100 or the amount you paid us in the 12 months before the claim arose. We are not liable for any failure or delay caused by something beyond our reasonable control.
These limits do not apply where the law does not allow them, including liability for our own fraud or willful misconduct. Some places do not allow certain limits, so some of this may not apply to you. Nothing in these terms takes away a right you have under a law that cannot be waived.
14. Your responsibility to us
You agree to defend and cover us, our affiliates, contractors and licensors, and their directors, officers, employees and agents, against third-party claims, and the losses, costs and reasonable attorneys' fees that come with them, that arise from your breach of these terms or the Seller Terms, from content you publish, or from what you sell using the Studio. The Seller Terms set out this duty in more detail for sellers.
15. Governing law and disputes
Please read this section carefully. It requires you and us to resolve most disputes by binding individual arbitration instead of in court, and it gives up the right to a jury trial and to take part in a class action. You can opt out within 30 days (Section 15.6).
15.1 Governing law
These terms are governed by the laws of the State of New York and applicable United States federal law, without regard to conflict of laws rules. The Federal Arbitration Act governs this Section 15. Nothing here limits a right you have under a consumer protection law that cannot be waived.
15.2 Talk to us first
Before starting an arbitration or a lawsuit, you or we must send the other a written Notice of Dispute that describes the problem and what you want, and then give the other side 60 days to resolve it. Send yours to hello@yourbizbestie.net. We will send ours to the email you used at checkout. If the dispute is not resolved within 60 days, either side may start an arbitration or, where Section 15.4 allows, a lawsuit.
15.3 Binding individual arbitration
Except as Section 15.4 says, any dispute, claim or controversy between you and us arising out of or relating to a purchase or these terms, whether based on contract, tort, statute, fraud, misrepresentation or any other theory, will be resolved by binding individual arbitration and not in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as in effect when the arbitration begins and available at adr.org. If you bought for a business, its Commercial Arbitration Rules apply instead. There will be one arbitrator. The arbitration will be seated in Nassau County, New York, or held by phone or video if both sides agree. For a claim under $25,000, the arbitration will be decided on written submissions alone unless the arbitrator decides a hearing is needed.
The arbitrator decides all questions about whether this agreement to arbitrate applies and is enforceable, except that only a court may decide whether Section 15.5 is enforceable. The arbitrator may award any relief a court could award to that individual party, and no other. Judgment on the award may be entered in any court that has jurisdiction.
Filing, administration and arbitrator fees are governed by the AAA rules that apply. Each side pays its own attorneys' fees unless a law or the AAA rules allow the arbitrator to award them. If the arbitrator finds a claim or a defense was frivolous or brought for an improper purpose, the arbitrator may shift fees as the AAA rules allow.
15.4 What arbitration does not cover
Either side may bring an individual claim in small claims court, so long as it stays there and stays individual. Any claim that you or we infringed, misappropriated or otherwise violated a copyright, trademark, patent or other intellectual property right is not subject to arbitration. Those claims, and any dispute that a court must hear because of Section 15.5 or 15.6, may be brought in the state courts of Nassau County, New York, or in the United States District Court for the Eastern District of New York, and each side consents to those courts' jurisdiction.
15.5 No class, collective or representative proceedings
You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine more than one person's claims and may not award relief to anyone who is not a party to that arbitration. To the fullest extent the law allows, you and we each waive the right to a jury trial for any claim covered by this Section 15. If a court decides that this Section 15.5 cannot be enforced as to a claim, that claim alone goes to the courts named in Section 15.4, and every other claim stays in arbitration.
15.6 Opting out
You may opt out of Sections 15.3 and 15.4 by emailing hello@yourbizbestie.net within 30 days of your purchase, with the subject line "Arbitration Opt-Out," your name, the email you used to buy, and a clear statement that you are opting out. Opting out does not change anything else in these terms. If you do not opt out, disputes covered by this Section go to arbitration as described above.
15.7 If the Seller Terms also apply to you
If you also agreed to the Seller Terms, a dispute about the price, payment, delivery or refund of your purchase is governed by this Section 15, and any other dispute about your use of the Studio as a seller is governed by the dispute section of the Seller Terms.
16. General and changes
These Terms of Sale, together with the Returns and Refunds Policy, the Privacy Policy and, where they apply, the Seller Terms, are the entire agreement between you and us about what you bought. If any part is unlawful, void or unenforceable, that part is severed and the rest stays in effect. Our not enforcing a part is not a waiver of it. You may not assign your rights under these terms without our written consent. We may assign ours. You agree to accept these terms electronically, and your electronic acceptance has the same effect as a signature. We may send notices to the email you gave at checkout.
We may update these Terms of Sale, for example to reflect changes to the Studio or for legal, regulatory or security reasons. When we do, we will post the new version and change the version date at the top. The version posted when you buy governs that purchase. If a change is material, we may also tell you by email. A change to how the Studio works, or to the Seller Terms, is handled as the Seller Terms describe.
17. Contact and business information
The Kreative Kapitol, Inc.
329 South Oyster Bay Road #2138
Plainview, NY 11803
hello@yourbizbestie.net · hello@yoursellingstudio.com