TERMS OF PURCHASE DIGITAL PRODUCTS AND DIGITAL PROGRAMS

Please read the following Terms carefully before purchasing and accessing our Digital Products or Digital Programs (“Digital Programs”). By booking or purchasing any of our Digital Programs, you acknowledge and agree to abide by these Terms. These Terms of Purchase (“Terms”) constitute a legally binding agreement between you (“You”), as a purchaser of our Programs, and A More-Than Education with Kelly Merritt (“the Provider”). These Terms of Purchase are subject to our General Terms and Conditions (“General Terms”) and Privacy Policy Declaration (“Privacy Policy”). In the event of a conflict between these Terms and the Provider’s General Terms, these Terms of Purchase shall prevail.

  1. SECURITY

    You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. The Provider shall not be liable for any loss or damage arising from your failure to secure your account information.

  2. DISCLAIMERS

    1. If you are under 18, you may only purchase or access our Digital Products and Programs with the consent and under the sole responsibility of your parent or legal guardian, who accepts full liability for compliance with these Terms.
    2. Our Digital Products and Programs do not provide any academic credit, professional certification, or accreditation recognized by schools, universities, or licensing bodies
    3. Our Digital Programs and Products are not substitutes for professional medical, psychological advice or otherwise. You are encouraged to consult qualified professionals for specific advice in these areas.
    4. The Provider makes no guarantees or warranties concerning the results or outcomes that may be obtained from the information provided in the Program or Sessions. Examples and success stories shared within the Program do not guarantee future results.
    5. You acknowledge and agree that individual results may vary, depending on personal circumstances, actions, and efforts.
    6. The Materials are provided “as is” and “as available,” without warranties of any kind, express or implied. To the fullest extent permitted by law, the Provider disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any guarantees regarding results, reliability, or accuracy. The Provider makes no representations or warranties that the Materials will be uninterrupted, error-free, or free from viruses or other harmful components. You assume full responsibility for your use of the Materials and any results or outcomes derived from their application.
    7. By purchasing and participating in the Program, you acknowledge and agree that you assume full responsibility for any actions you take based on the content provided. You understand that the application of the content is at your own risk and discretion. The Provider shall not be held liable for any negative outcomes, damages, or losses, whether direct or indirect. This includes, but is not limited to, financial loss, personal injury, business interruptions, or any other adverse consequences.

  3. USER CONDUCT

    1. You agree to use the Materials and services only for lawful purposes and in a manner consistent with these Terms.
    2. You shall not upload, post, or transmit any content that is unlawful, defamatory, obscene, harmful, or otherwise objectionable, or that infringes on the intellectual property rights of any third party.
    3. You agree to engage with other participants, instructors, and representatives of the Provider in a respectful, professional, and courteous manner at all times. Any form of harassment, discrimination, abusive language, or threatening behavior will not be tolerated.
    4. Prohibited Activities: You are strictly prohibited from:
      1. Engaging in any activity that disrupts or interferes with the Program or Product, including but not limited to, the unauthorized use of bots, scripts, or other automated tools.
      2. Uploading, posting, or transmitting any content that is unlawful, defamatory, obscene, harmful, fraudulent, or otherwise objectionable.
      3. Distributing or facilitating the distribution of any viruses, spyware, malware, or other harmful software.
      4. Attempting to gain unauthorized access to any portion of the Program, including other users’ accounts, computer systems, or networks connected to the Program.
      5. Misrepresenting your identity, credentials, or affiliation with any person or entity.
      6. Engaging in any form of “spamming,” “phishing,” “spoofing,” or other unsolicited messaging.
      7. Using the Materials to develop, design, or create competing products, services, or programs, or for any commercial purposes not expressly authorized by the Provider in writing.
    5. Compliance with Laws: You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of the Materials. This includes, but is not limited to, intellectual property laws, data privacy regulations, and any local, state, national, or international requirements governing your access to and use of the Materials. Any use of the Materials in violation of such laws constitutes a breach of these Terms and may result in termination of your license and legal action.
    6. Third-Party Rights: You agree not to violate the rights of any third parties, including other participants, in connection with your use of the Program. This includes, but is not limited to, refraining from infringing on intellectual property rights, privacy rights, and any other legal rights of third parties.
    7. Confidentiality: You agree to maintain the confidentiality of any proprietary or confidential information shared within the Program, including discussions, materials, and insights provided by other participants. You may not disclose, publish, or share such information outside the Program without explicit permission.
    8. Reporting Violations: You agree to report any violations of these Terms immediately to the Provider.
    The Provider reserves the right to investigate and take appropriate action, including but not limited to terminating your access to the Program without a refund and pursuing legal remedies, in case of violation or suspected violation of these terms.

  4. PAYMENT TERMS AND AUTOMATIC CHARGES

    Unless otherwise specified, all fees must be paid in full before you are allowed access to the Digital Product or Program. Additionally, you are responsible for all international fees and charges associated with your purchase. These may include, but are not limited to, currency conversion fees, international transaction fees, and bank fees. In case we permit payment of fees through installments, you are required to adhere to the fee schedule specified on the checkout page. You further authorize us to automatically charge the payment method used for the initial installment. In the event that your payment method is declined, or if you unilaterally cancel the automatic charge by actions such as failing to update your credit card information, initiating a chargeback, or canceling the payment method initially chosen, we will provide a grace period of ten (10) days for you to settle the charge. If the payment is not settled within this period, your actions will be deemed a breach of our Terms. The provisions on Termination shall then apply.

  5. REFUND AND CANCELLATION POLICY

    We do not permit refunds or cancellations except as specifically outlined in this Agreement. Please review the Program description carefully before making a purchase. If you reside in the European Union (EU), the UK, or any country that grants a right of withdrawal by law to its residents, you are entitled to a fourteen (14) day cooling-off period. By accessing the Program, reading materials, media, digital content, lessons, or calls/sessions during the cooling-off period, you expressly request immediate performance and acknowledge that you will lose your right to withdraw once access has been granted.

  6. CHARGEBACK POLICY

    1. The Provider does not allow attempted or actual chargebacks.
    2. The Provider will impose a penalty of Five Hundred (500) Swiss Francs (CHF), representing a reasonable pre-estimate of the administrative costs and losses incurred by the Provider in responding to the chargeback.
    3. You acknowledge that this penalty represents a reasonable estimate of the damages incurred by the Provider. You agree to pay this penalty within ten (10) days of receiving a demand.
    4. Payment Disputes: If there is a dispute regarding any payment, you must notify the Provider in writing within five (5) business days of the charge. Failure to dispute within this period constitutes acceptance of the payment as accurate.

  7. NON-COMPETITION

    1. You may not misappropriate, copy, or use our proprietary methods, frameworks, or educational content to create substantially similar or competing products during your period of access and for two (2) years thereafter. Any violation will entitle the Provider to seek damages under applicable intellectual property and unfair competition laws, including recovery of profits derived from the violation.
    2. In addition to monetary damages, you agree that the Provider shall be entitled to 100% of the proceeds from any competing business that you operate or participate in during the non-competition period.
    3. The determination of actual damages, if any, will be based on the Provider’s assessment of the impact of the violation, including but not limited to lost revenue, costs incurred, and market value of the infringed materials.

  8. GROUP CALLS AND SESSIONS

    1. If the Program includes group calls or sessions (“Group Sessions”), it will be stated in the Program description. The Provider reserves the right to modify the schedule, format, or content of these Group Sessions at their sole discretion.
    2. The Provider may record Group Sessions and make them available to other participants. By participating in Group Sessions, you irrevocably grant the Provider the right to record, edit, use, and distribute your contributions, including audio and video recordings, without compensation or further consent. Recordings will not be shared publicly for marketing purposes without your prior written consent.
    3. You shall follow the Group Rules, which you can read here. By accepting these Terms, you also agree to accept the Group Rules.
    4. You agree not to disclose or share any personal information or contributions of other participants outside the Group Sessions, and you acknowledge that confidentiality among participants is essential to the integrity of the Program.

  9. INDIVIDUAL CALLS AND SESSIONS, WAITING POLICY, RESCHEDULING

    If the Program includes individual calls or sessions (“Individual Sessions”), this will be stated in the Program description. We maintain a 15-minute waiting period for all Individual Sessions. If you fail to connect or arrive within this time frame, we reserve the right to cancel your session. Under these circumstances, you will not be entitled to a refund or rescheduling. If you arrive late, the Provider will not extend the session time. You may reschedule an Individual Session if notice is received by the Provider at least twenty-four (24) hours prior to the scheduled session. You will not be entitled to a refund or rescheduling if notice is not received within the stipulated period.

  10. TECHNICAL REQUIREMENTS FOR ONLINE SESSIONS

    You acknowledge that accessing and using the Online Materials may require compatible hardware, software, and reliable internet connectivity. It is your responsibility to ensure that you have the necessary technical requirements to access and fully utilize the Materials.

  11. PLATFORM DOWNTIME

    1. Service Interruptions: The Provider endeavors to maintain reliable access to the Digital Program; however, occasional service interruptions, delays, or downtime may occur due to maintenance, updates, or other factors beyond the Provider’s control.
    2. Limitation of Liability: The Provider shall not be held liable for any damages, losses, or inconveniences caused by service interruptions or downtime, including, but not limited to, lost opportunities, business interruptions, or delays in accessing the content.
    3. Notification of Downtime: Where feasible, the Provider will attempt to notify clients in advance of any planned maintenance or expected downtime. However, the Provider cannot guarantee that notice will be provided in all circumstances.
    4. No Refunds for Downtime: Clients acknowledge and agree that service interruptions or downtime do not entitle them to a refund, credit, or extension of their access to the Program unless otherwise specified in writing by the Provider.

  12. INTELLECTUAL PROPERTY

    1. All Materials, including but not limited to videos, audio, texts, images, and any other content or materials (“Materials”) that the Provider allows you to use, are protected by copyright laws and other intellectual property rights owned by the Provider.
    2. You acknowledge that these Materials are solely for your personal use, and you do not acquire any ownership rights or interests in the Materials or proprietary methods we use.
    3. You may not copy, distribute, display, publish, transmit, create derivative content, or otherwise exploit these Materials or proprietary methods without the express written permission of the Provider.
    4. Any unauthorized use of the Materials will result in the immediate termination of the license and may result in legal action, including claims for monetary damages.
    5. You are strictly prohibited from:
      1. Modifying, adapting, translating, reverse-engineering, decompiling, or disassembling any part of the Materials, Product or Program or attempting to derive any underlying processes, except where expressly permitted by law.
      2. Circumventing any technical restrictions, security mechanisms, or license controls embedded within the Materials.
    6. By submitting feedback, suggestions, or ideas regarding the Materials (“Feedback”), you grant the Provider a non-exclusive, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Materials or future works without restriction or compensation to you.
    7. The Provider retains all rights, title, and interest in and to the Materials, as described in Paragraph a, including any modifications, updates, or derivative works created by the Provider. This includes all copyrights, trademarks, patents, trade secrets, and any other intellectual property rights.
    8. Any derivative materials, works, or content created by third parties based on the Materials, without the express written permission of the Provider, shall be considered unauthorized and a violation of these Terms. The Provider retains all rights to seek legal remedies, including monetary damages, injunctions, and the destruction of the unauthorized derivative materials.

  13. PIRACY AND COPYRIGHT INFRINGEMENT

    1. You agree not to engage in piracy, unauthorized sharing, or any other form of copyright infringement in relation to the Provider’s materials.
    2. You acknowledge that unauthorized distribution or sharing of the materials constitutes a breach of these Terms and will result in legal action and termination of access to the Program.
    3. You shall be solely responsible for any unauthorized use or sharing of the materials. In case you violate any intellectual property rights, you agree to pay liquidated damages, representing a reasonable pre-estimate of losses, in the amount of three (3) times the total fees you paid, or a minimum of Ten Thousand Swiss Francs (CHF) whichever is higher. This is in addition to any other remedies to which we may be entitled.

  14. NON-TRANSFERABILITY OF ACCESS

    The access to Digital Programs or Products is granted solely to you as an individual purchaser and is non-transferable. You agree not to share, sell, or otherwise transfer your access credentials or rights to any other person or entity without the prior written consent of the Provider. Any attempt to transfer or share access without consent may result in termination of access without a refund.

  15. MODIFICATIONS

    1. Provider reserves the right to modify, update, or discontinue any part of the Materials, including but not limited to the content, features, or access methods, at their sole discretion. The Provider will communicate any significant changes to you via email or through the Program platform. Continued use of the Program or Product following such updates or modifications shall constitute your acceptance of the changes.
    2. Provider shall not be liable for any damages or losses arising from any modification, suspension, or discontinuation of the Materials.
    3. In case we decide to discontinue the Program, you will be notified at least thirty (30) days in advance.

  16. TERMINATION

    The Provider reserves the right to terminate your access to the Materials, the Program or Product itself at any time for violations of these Terms or for any other reason deemed appropriate by the Provider.
    1. Return of Materials: Upon termination of your access to the Program, whether by you or by the Provider, you are required to immediately cease use of all Materials. You must promptly return or, if instructed by the Provider, securely destroy any physical or digital copies of the Materials that are in your possession. Failure to comply may result in further legal action, including claims for monetary damages. The Provider reserves the right to verify compliance with this provision.
    2. Continued Payment Obligations: Termination of your access to the Program does not relieve you of your obligation to complete any outstanding payments. All unpaid amounts shall remain due and payable according to the agreed payment schedule.
    3. No Refunds Upon Termination: Unless otherwise specified in writing by the Provider, termination of your access to the Program does not entitle you to a refund of any fees paid. This includes cases where the termination results from a breach of these Terms by you.
    4. Retention of Rights: The Provider retains all rights to enforce the Terms of this Agreement, including the collection of unpaid fees and the protection of its intellectual property after termination of your access to the Program.

  17. THIRD-PARTY LINKS

    1. Links: The Materials may contain links to third-party websites, resources, or tools for additional information or convenience. The Provider does not endorse or take responsibility for the content, accuracy, or availability of any third-party websites or resources.
    2. Tools or Services: The Materials may include access to or integrations with third-party tools, services, or platforms. The Provider does not guarantee the availability, functionality, or security of these third-party tools or services, nor does it endorse them. Your use of any third-party tools or services is at your own risk and subject to the terms and conditions of the respective third parties. The Provider is not responsible for any damages, losses, or issues arising from your use of these third-party tools or services.

  18. PRIVACY AND DATA PROTECTION

    1. The Provider may collect and process personal information you provide in accordance with applicable privacy laws and the Provider’s Privacy Policy.
    2. You acknowledge and agree that your personal information and the personal information of other persons you submit to the Provider may be used for purposes related to the provision of the Materials, including communication, Program administration, and marketing efforts by Provider. You can review Provider’s Privacy Policy for more information.

  19. RECORD KEEPING

    1. The Provider reserves the right to keep records of your participation in the Program, including access logs, progress, and communications, for quality control and legal compliance purposes.
    2. The Provider may conduct audits to ensure compliance with these Terms and other applicable agreements.

  20. ASSIGNMENT

    You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Provider. Any attempted assignment or transfer without such consent shall be null and void and shall be considered a breach of these Terms.

  21. COMMUNICATION

    You agree to receive communications, updates, and notifications from the Provider related to the Materials via email, Program platform, or other reasonable means of communication.

  22. LIMITATION OF LIABILITY

    1. To the fullest extent permitted by law, the Provider and its affiliates, employees, and representatives shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the purchase, access, or use of the Materials.
    2. The Provider’s total liability, regardless of the cause of action, shall be limited to the amount you paid for the Program.
    3. You hereby waive, release from liability, assume all risks, and covenant not to sue the Provider or its members and employees, for any expenses, loss, damage, personal injury (including loss of life, disability, or serious harm), negligence or actions (“Loss”) resulting from or arising in connection with your attendance at or participation in the Program and any related activities unless said Loss is caused by the gross negligence of employees of Provider.

  23. INDEMNIFICATION / HOLD HARMLESS

    You agree to indemnify, defend, and hold harmless the Provider, its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or related to: (i) your breach of these Terms; (ii) your misuse of the Materials; (iii) your violation of any applicable laws or regulations; or (iv) your infringement of any third-party rights, including intellectual property rights. This indemnification obligation will survive the termination or expiration of this Agreement.

  24. FORCE MAJEURE

    The Provider shall not be held liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control. These causes include, but are not limited to, acts of God, natural disasters, strikes, war, governmental actions, interruptions in telecommunications or internet services, or other events beyond the Provider’s control. In the event of a force majeure, the Provider reserves the right to modify, suspend, or cancel the affected portions of the Materials or Program without liability or obligation to provide a refund.

  25. SEVERABILITY

    If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

  26. ENTIRE AGREEMENT

    These Terms of Purchase, the Provider’s General Terms and Privacy Policy Declaration, constitute the entire agreement between you and the Provider regarding the purchase and use of the Program, superseding any prior agreements, understandings, or representations, whether oral or written. These terms, developed for us by Legally She Can, align with the legal frameworks that reflect the guiding principles of our business.

  27. WAIVER

    The failure of the Provider to enforce any provision of these Terms shall not be deemed as a waiver of their right to enforce such provision or any other provision in the future.

  28. GOVERNING LAW

    1. These Terms shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflicts of law provisions.
    2. Any dispute arising out of or relating to these Terms shall be resolved first through Mediation, and next through Arbitration in case Mediation fails. Arbitration shall be conducted in or nearest to Barbengo, Switzerland, in English, in accordance with the rules of the Swiss Chambers’ Arbitration Institution, as further detailed in the Provider’s General Terms and Conditions.

  29. WAIVER OF CONSUMER PROTECTIONS

    You acknowledge that if you transact with us in your capacity as a registered business owner, you will be treated as such and not as an individual consumer. If you transact with us as a registered business owner, certain consumer protection rights available to individuals may not apply. This does not affect any mandatory statutory protections that cannot be waived under applicable law. Furthermore, if you represent yourself as a business owner—such as providing a business tax number to avoid paying VAT, using a business account for personal transactions or transacting with us under a business name—you agree that such representation waives any claims under consumer protection laws. By purchasing the Program, you confirm that you have read, understood, and accept the Provider’s Terms of Purchase, Group Rules, General Terms and Conditions and Privacy Policy Declaration. These Terms are effective as of the date of purchase and shall remain in effect until terminated by either party in accordance with the Terms herein. Provisions intended to survive termination shall remain in effect.