STUDIO CLASSICA DIGITAL TEMPLATES AGREEMENT

Thank you for choosing Studio Classica! We are excited for you to purchase this template and to help you launch and scale your Kajabi website! But first, please read through these terms of use and then click on the checkbox to confirm! Please do not hesitate to let us know if you have any questions.

The following Terms of Use are entered into between You and DAESCI, LLC d/b/a Studio Classica (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly mention or incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.studioclassica.com, including any content, programs, functionality, products, templates or services offered through the site or related sites (the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website or before you purchase a template from this Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not agree to these Terms of Use including the agreements incorporated documents, you cannot 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 comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the Website.

Last Updated: January 1, 2023

1.0 Website

Studio Classica (herein referred to as “Company”) sells products and services on its Website. As a condition of purchasing and participating in the Website, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Website, the Company shall provide you:

A Password Protected Account Area: The Company may make digital products available through a private Area that may include various types of content, including video, audio, written lessons, templates, worksheets, checklists, digital downloads, and other training and support materials. You shall have access to this Account Area for as long as the Account Area exists. In the event that Company intends to close the Account Area, it shall provide you with a 30-day notice.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Site. The Terms and Conditions written on this page are subject to change at any time.

2.0 Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Website.

You understand Company is not serving you as a licensed professional and is not providing accounting, tax, legal, financial, healthcare, therapeutic advice, diagnosis or treatment. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the Website. You understand that a relationship does not exist between the parties after the conclusion of this Website. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.

3.0. Payment

In consideration of your access to the Website, you agree to pay the following fees: the balance reflected on the sales checkout page (due immediately).

4.0. Refund Policy

Due to the digital nature of our products, no refunds are available for this purchase. We do not accept returns or exchanges after a purchase is made. Please review the template product page, template previews, live demo, FAQs, and shop policies prior to purchase.

The Company reserves the right to refuse delivery of any product to any customer for any reason. If delivery is refused after payment is made, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds. The Company is not responsible for any foreign transaction or currency exchange fees.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached here.

5.0 Licensing

Each template purchase may only be used for one website. If You would like to use the template on more than one website, You must purchase a separate license for each project.

6.0 Customer Support

The company offers 30 days of email support beginning on the date of purchase. This covers tech issues relating to the template itself, including the installation process, the template files, and customization questions.

Email support does not cover general Kajabi questions, code modifications beyond the custom code already installed on the template, personalized guidance on template usage or design strategy, or issues related to software use of Kajabi, Figma, Canva, or other software tools.

7.0 Template Installation

The company offers two types of additional template upgrade services: Done-For-You Installation and Full Template Customization. Both of these services are available for an additional cost, and neither service is included in the purchase price of the template. Templates must be purchased separately.

Done-For-You Installation Service: If You purchased Done-For-You Installation, our team will install the new website template pre-loaded with the demo version of the template on your Kajabi account. Notwithstanding unexpected interruptions (medical emergency, war, natural disaster, etc…), we’ll do our best to complete installation within 5 business days after we receive the necessary information from You (login credentials, business name, questionnaire, etc…) There may be rare cases where a backlog will cause delays. In this situation, we’ll be in touch to keep You updated on progress. Our team will set up all of your template pages, connect all the pages, setup the forms + navigation, and setup your basic Kajabi site settings. DFY Installation does not include template customization with your brand colors, fonts, images, copy, or other content; this service also does not include 1:1 calls, personalized email support, brand strategy, licenses of any fonts, setting up email sequences, setting up offers or checkout pages. No revisions are included. 

Full Template Customization Service: If You purchased Full Template Customization for either our Lite or Plus template bundles, our team will install the new website template on your Kajabi account and customize the template files with your brand colors, fonts, photos, and logos. Copy customizations are not included. Notwithstanding unexpected interruptions (medical emergency, war, natural disaster, etc…), we’ll do our best to complete installation within 10 business days after we receive the necessary information from You (login credentials, business name, questionnaire, etc…) There may be rare cases where a backlog will cause delays. In this situation, we’ll be in touch to keep You updated on progress. We’ll kick off with a 30-minute Strategy Call, and then within 10 business days, you will receive your new personalized Kajabi website. This service includes 1 x 30-minute website planning call, plus 2 weeks of email Q&A support after launch. Only one round of minor revisions are included. This service does not include complex re-design of the template pages, adding your personalized copy, additional strategy design calls, personalized business strategy support, licenses of any fonts, setting up email sequences, setting up offers or checkout pages; however, these can be added for additional fees.

We always take precautions to protect your existing site content, and during the installation process, we will not delete any existing content or landing pages. However, in the unlikely event that something goes wrong, Studio Classica cannot be held responsible for any content on your site (including copy, photos, videos, or custom code) that accidentally gets deleted or corrupted while we are installing the new template. We recommend exporting a backup of your website or landing pages before installation begins.

Even though we won’t be directly changing the content on your existing website pages, installing a new website template on Kajabi will require You to rebuild or copy/paste your website pages from your old Kajabi website theme to your new Kajabi website theme (simply because of the way Kajabi’s backend system works). Your copy, photos, colors will not automatically transfer from your old website pages to your new website pages. Therefore, you may want to put up a coming soon page during installation.

Studio Classica reserves the right to decline or cancel any installation at any time for any reason. In the event of a Done-For-You Installation order being cancelled, we will refund the full amount of the service to You; however, we will not refund the cost of the template itself.

8.0. Confidentiality

The Company respects your privacy and will not disclose any information you provide except as set forth in this Agreement and in the incorporated Privacy Policy. As a condition of participating in the Website, You hereby agree to respect the privacy of other Website participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Website participants outside of the bounds of the Website, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Website contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Website with anyone other than the Company, it’s owners and employees, and other Website participants.

9.0. Guest Content

The Company may provide information from a third party in the form of a podcast guest interview, audio interview, interview on another platform, guest blog post, panel, roundtable, or other format. The Company does not control the information provided by any third-party guest or its truthfulness and cannot guarantee the veracity of any guest information.

10.0. Intellectual Property

You may not resell the template or claim or promote the design as your own.

You may not share the template, graphics, files, or any design elements with anyone else.

The photos used in any template demos are for demonstration purposes only and copyrighted to the original photographer. You must replace these photos with your own or source images from a reputable stock photo website. We hold no liability for any image licensing/copyright disputes that may occur because of your unlawful use of the demo images.

The design of all templates sold on this site are copyrighted DAESCI, LLC d/b/a Studio Classica, and the Company owns the rights to all designs and files (except the demo photos) included in your purchase and design.

If you’re a designer and you’d like to use this template a base for a client project, feel free to do so. However, each template purchase may only be used for one website. If you would like to use the template on more than one website, you must purchase a separate license for each project and you are required to retain the site credit page with a link to our website.

All content included as part of the Website and its products, such as text, graphics, logos, slides, images, audio, video, as well as the compilation thereof, and any software used in the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You cannot use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Website are the trademarks of their respective owners.

Your participation in the Website does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Website, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the digital products You purchased for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the product, in whole or in part. By purchasing, You further agree that You shall not create any derivative work based upon the products from the Website and You shall not offer any competing products or services wholly based upon any information contained in the products.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, your access to the Website will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law.

Company, its contractors, or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the products on the Website. You acknowledge and agree that You are expressly prohibited from using any materials found on this Website to the detriment of Company in any type of copyright, trademark, or patent infringement proceeding. Your failure to comply with this prohibition constitutes infringement of the materials at issue.

You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate Company for any breach by You of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty.

11.0 Independent Contractor Status

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide You with access to the Website, for information and educational purposes. The information contained in the Website, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

12.0 Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

13.0 Severability/Waiver

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.

14.0 Miscellaneous

You agree to hereby absolve the Company 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 Website and/or any information and resources contained in the Website. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website.

The information, software, products, and service included or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information in the Website. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its 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.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential 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 Website, with the delay or inability to use the Website or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Website or any portion of it, your sole and exclusive remedy is to discontinue using the Website.

15.0 Assignment

You may not assign this Agreement without the express written consent of the Company.

16.0 Modification

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages You to periodically review the Terms to stay informed of our updates.

17.0 Termination

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, if You become disruptive to the Company or other Website participants, if You fail to follow the Website guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

18.0 Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and related services, any user postings made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses.

19.0 Resolution of Disputes

You hereby expressly waive any and all claims You may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that You attempt to assert any such claim, You hereby expressly agree to present such claim only through binding arbitration to occur in Hamilton County, Indiana. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims You and/or any entity related to You asserts against the Company. To the fullest extent permissible by law, You further agree that You shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

20.0 International Users

The Service is controlled, operated and administered by the Company which is registered in the USA. If you access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or territory or in any manner prohibited by any applicable laws, restrictions or regulations.

21.0 Earnings Disclaimer

Every effort has been made to accurately represent this product/Website and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any platform, including YouTube, Instagram, or Facebook, nor have they been reviewed, tested, or certified by any platform.

There is no guarantee that You will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the individual person using our product, ideas and techniques. We do not position this Website as a “get rich quick scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge and various skills and time commitment. Since these factors differ widely according to individuals, we cannot guarantee your success or income level. We wish you the best, but are not responsible for any of your actions in using this Website/program/product.

Materials in our products or Website may contain information based upon forward-looking statements within the meaning of the Securities Litigation Reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that You will achieve results similar to ours or anybody else’s, in fact no guarantees are made that You will achieve any results from our ideas and techniques in our material. Every person is different and every situation is different and success is highly dependent on individual work and fact-specific scenarios. All information is presented "as is" without any guarantees.

22. Final Disclaimer

The term “Kajabi” is a trademark of Kajabi, LLC. This website and its products are not affiliated with Kajabi, LLC. We are not employees, agents, or representatives of Kajabi, LLC. Kajabi does not in any way endorse my products or services. We are an independent Kajabi Partner, and I receive referral payments from Kajabi in this role; however, all opinions expressed herein on our Website or in our products are my own and are not official statements of Kajabi or any party affiliated with Kajabi.