Elevate Mindworks Terms & Conditions
Effective Date: 2026
Company Name: Elevate Mindworks LLC
Websites & Platforms Covered
These Terms & Conditions apply to all products, content, and services offered by Elevate Mindworks LLC, including but not limited to those sold or accessed through our official websites (www.elevatemindworks.com), as well as affiliated platforms such as Instagram and any other official Elevate Mindworks LLC sales or content channels.
Introduction
These Terms and Conditions ("Terms") govern your use of all digital products, coaching programs, courses, templates, and services ("Products") provided by Elevate Mindworks LLC ("Company", "we", "our", or "us"). By checking the box on our checkout page and completing your purchase, you ("Customer", "You", or "Your") agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE. BY COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
1. Eligibility and Capacity
By using our Products, you represent and warrant that:
You are at least 18 years old and legally capable of entering into a binding contract
You have the legal capacity to comply with these Terms
All information you provide is accurate and complete
You are not prohibited from receiving our Products under applicable laws
2. Product Access and Lifetime License
2.1 Access Duration
Upon purchase, you are granted access to the purchased Product for the lifetime of that specific Product, subject to these Terms and your continued compliance with them.
2.2 Product Updates vs. New Products
Included Updates: You will receive access to updates, improvements, bug fixes, and supplementary materials added to your purchased Product at no additional charge
Excluded New Products: We may create and release entirely new products, courses, or programs that are substantially refilmed, redesigned, or reimagined versions of similar subject matter. These new standalone products are NOT included in your original purchase and will require separate purchase
Definition of New Product: A new product is considered separate if it is marketed as a distinct offering, has a separate product name or version number (e.g., "Version 2.0" or "Advanced Edition"), or is presented as a successor or replacement product
2.3 Platform Changes and Service Continuity
We reserve the right to change hosting platforms, learning management systems, or delivery methods for your Product
If we migrate to a new platform, you will be provided access to your purchased content on the new platform at no additional cost
We will provide reasonable notice (minimum 30 days) before any platform migration that requires action on your part
2.4 Business Closure or Product Discontinuation
In the event we cease operations or discontinue a Product, we will make reasonable efforts to provide you with downloadable copies of your purchased materials or at minimum 90 days' notice
"Lifetime access" means the lifetime of the Product offering, not an absolute guarantee of perpetual access
We are not liable for circumstances beyond our reasonable control that prevent continued access (see Force Majeure section)
3. Intellectual Property
3.1 Ownership
All content provided in our Products—including but not limited to videos, templates, PDFs, graphics, logos, trademarks, written material, audio recordings, and software—is the sole intellectual property of Elevate Mindworks LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.
3.2 Limited License
You are granted a limited, non-exclusive, non-transferable, revocable license for personal or internal business use only. This license does not grant you any ownership rights.
3.3 Prohibited Uses
You may NOT:
Share, distribute, reproduce, copy, or resell any part of the content
Post content to public websites, file-sharing platforms, or social media
Use the content for commercial training or to teach others (unless explicitly permitted in your Product description)
Remove, alter, or obscure any copyright, trademark, or proprietary notices
Create derivative works based on our content without express written permission
3.4 Use of Likeness & AI Restrictions
You may not use any photographs, video, voice, likeness, or content from Elevate Mindworks LLC—including appearances on video, social media, or public platforms—for the purpose of training, generating, or reproducing content through artificial intelligence (AI) or machine learning technologies. This includes but is not limited to:
Deepfakes or synthetic media
Voice replication or cloning
Image generation or manipulation
AI model training datasets
Automated content creation systems
Any such use is strictly prohibited and may result in immediate termination of access, legal action for violation of publicity rights, intellectual property infringement, misrepresentation, and statutory damages.
3.5 Enforcement
Any unauthorized use may result in immediate revocation of access without refund and potential legal action, including claims for monetary damages and injunctive relief.
4. Payment Terms and Processing
4.1 Payment Processing
All payments are processed through third-party payment processors including but not limited to Square and other authorized payment gateways. By making a purchase, you agree to the payment processor's terms of service.
4.2 Pricing and Currency
All prices are stated in U.S. Dollars (USD) unless otherwise indicated
Prices are subject to change at any time without notice
Any price changes will not affect existing purchases or active payment plans
4.3 Payment Plans
If you select a payment plan option, including subscriptions:
You authorize us to charge your payment method on the scheduled dates
Failure to make a scheduled payment may result in suspension of access until payment is received
You remain obligated to complete all payments even if you stop using the Product
Payment plans are not cancellable, and you are liable for all installments regardless of Product usage
4.4 Failed Payments
If a payment fails, we will:
Attempt to contact you via email
May attempt to process the payment up to 3 additional times
Suspend access if payment is not received within 15 days
Charge a $25 failed payment administrative fee (where permitted by law)
4.5 Taxes
You are responsible for any applicable sales tax, VAT, GST, or other taxes based on your location. We will collect such taxes where required by law.
4.6 Chargebacks and Disputes
Unauthorized Chargebacks: If you initiate a chargeback or payment dispute through your bank or payment processor without first contacting us at hello@elevatemindworks.com to resolve the issue, we reserve the right to:
Immediately terminate your access to all Products
Report the incident to chargeback prevention services
Pursue collection of the disputed amount plus administrative fees and legal costs
Deny you future access to our Products and services
Good Faith Disputes: If you have a legitimate concern, please contact us first so we can work toward a resolution
Chargeback Fees: If a chargeback is filed and later reversed in our favor, you will be responsible for any chargeback fees charged by the payment processor (typically $15-$25 per incident)
5. Coaching and Educational Disclaimer
5.1 Educational Purpose Only
Our coaching, courses, and content are for educational and informational purposes for personal growth only. We are not licensed professionals in law, medicine, accounting, financial planning, therapy, or other regulated professions. If you are experiencing a crisis in any of these aforementioned fields, contact either appropriate emergency services or licensed professionals in these respective fields.
5.2 No Professional Advice
We do not provide and you should not construe our content as:
Legal advice (consult an attorney)
Medical or mental health advice (consult a licensed healthcare provider)
Tax advice (consult a CPA or tax professional)
Financial or investment advice (consult a licensed financial advisor)
Accounting advice (consult a licensed accountant)
5.3 Your Responsibility
You are solely responsible for:
Your own personal decisions and implementation of strategies
Compliance with all applicable laws and regulations in your jurisdiction
Seeking appropriate professional advice before taking action
Your results, outcomes, and consequences of your actions
Determining the suitability of our Products for your specific situation
5.4 No Client Relationship
Purchase of our Products does not create a professional client relationship, fiduciary duty, or confidential relationship between you and Elevate Mindworks LLC beyond the scope of the educational Product provided.
6. FTC-Compliant Income and Results Disclaimer
6.1 No Guarantees
IMPORTANT: We make no guarantees, representations, or warranties regarding the effectiveness of Products, your ability to improve yourself, or achieve specific results from using our Products.
6.3 Factors Affecting Results
Your results will vary based on numerous factors including but not limited to:
Your existing skills, knowledge, and experience
The time and effort you dedicate to implementation
Your ability to execute and adapt strategies
Factors beyond anyone's reasonable control
6.4 FTC Disclosure Statement
As required by the Federal Trade Commission (FTC): Most people who purchase educational products do not achieve significant results. The average purchaser does not implement the strategies taught. We cannot and do not make any guarantees about your ability to improve yourself or achieve results from our Products. Your results are entirely dependent on your individual capacity, work ethic, and personal effort.
7. Meta (Facebook/Instagram) Advertising Compliance
7.1 Advertising Standards
All advertising conducted on Meta platforms (Facebook, Instagram, WhatsApp, Messenger) complies with Meta's Advertising Policies, including but not limited to:
Prohibited and restricted content policies
Community Standards
Commerce Policies
Data Use policies
7.2 Health and Wellness Claims
If our Products relate to health, wellness, fitness, or personal improvement:
We do not make claims about curing, treating, or preventing diseases
We do not guarantee specific health outcomes
Individual results vary and depend on personal factors
Consult healthcare professionals before making health decisions
7.3 Financial Products and Services
For Products related to business, finance, or income generation:
We comply with Meta's requirements for transparent disclosure of risks
We clearly disclose that results are not guaranteed
We do not engage in deceptive or misleading practices
We maintain appropriate disclaimers near all claims
7.4 Data Collection and Privacy
We collect data from Meta platforms in accordance with Meta's Platform Policies
We do not use Meta data for purposes prohibited by Meta
Our use of Meta pixels and tracking complies with applicable data protection laws
See our Privacy Policy for complete details on data handling
8. Technology Requirements and Access
8.1 Your Technical Responsibility
You are responsible for:
Maintaining a reliable internet connection
Providing compatible devices and up-to-date web browsers
Ensuring your email address is accurate and you can receive our emails
Managing your login credentials securely
Installing any necessary software or applications
8.2 Minimum Requirements
Our Products may require:
High-speed internet connection (minimum 5 Mbps recommended)
Modern web browser (Chrome, Firefox, Safari, or Edge - latest two versions)
Enabled cookies and JavaScript
Device with sufficient storage space for downloads
PDF reader for document-based materials
Specific software applications as noted in Product descriptions
8.3 No Technical Support Guarantee
While we strive to provide responsive support, we do not guarantee:
24/7 technical support availability
Compatibility with all devices or configurations
Resolution of technical issues caused by your device, internet service, or third-party software
Assistance with general computer or device troubleshooting
8.4 Platform Availability
We strive for continuous availability but do not guarantee uninterrupted access. Our platform may be unavailable due to:
Scheduled maintenance (we will provide notice when possible)
Emergency repairs or updates
Third-party service provider outages
Circumstances beyond our reasonable control
No refunds will be issued for temporary service interruptions.
9. Assumption of Risk
9.1 Personal Risk
You expressly acknowledge and agree that:
Implementation of strategies taught may not yield positive results
You may experience financial loss, wasted time, or other negative consequences
No educational product can guarantee success in life
9.2 Your Acceptance of Risk
You assume full responsibility and risk for:
All decisions made based on our Products
Your implementation (or failure to implement) of strategies
Any outcomes, results, or consequences of your actions or inaction
9.3 Release of Liability
You agree that Elevate Mindworks LLC, its owners, employees, contractors, and affiliates are not liable for any damages, losses, or negative outcomes resulting from your use of our Products or implementation of strategies taught therein.
10. No Refund Policy
10.1 All Sales Final
All sales are final. This includes but is not limited to:
Digital courses and programs
Downloadable templates and resources
Recorded workshops and masterclasses
Tickets to live events (virtual or in-person)
Membership subscriptions
Coaching packages
Bundles and special offers
10.2 No Refunds, Exchanges, or Credits
No refunds, exchanges, chargebacks, or credits will be issued under any circumstances, including but not limited to:
Change of mind or buyer's remorse
Failure to use or access the Product
Dissatisfaction with content or results
Technical difficulties on your end
Financial hardship or inability to pay remaining installments
Duplicate purchases
10.3 Non-Delivery or Access Issues
If you experience legitimate non-delivery or access issues:
Contact us immediately at hello@elevatemindworks.com
We will work with you to resolve access issues
If we cannot provide access to your purchased Product due to our error, you may be eligible for a refund
You must report access issues within 30 days of purchase
10.4 Legally Required Exceptions
Any legally required exceptions (such as those under California Consumer Protection laws, EU consumer protection laws, Australian Consumer Law, or other applicable consumer protection statutes) will be honored in accordance with applicable law. To invoke these rights, you must contact us with documentation of your eligibility.
10.5 Payment Plan Obligations
If you selected a payment plan, you remain obligated to complete all scheduled payments regardless of Product usage. Non-payment may result in:
Suspension or termination of access
Collection actions
Negative reporting to credit agencies (where applicable)
Legal action to recover amounts owed
11. Limitation of Liability
11.1 Maximum Liability
To the fullest extent permitted by law, the total liability of Elevate Mindworks LLC to you for any and all claims arising from or related to your use of our Products, whether in contract, tort, strict liability, or otherwise, shall not exceed the amount you actually paid to Elevate Mindworks LLC for the specific Product at issue.
11.2 Exclusion of Damages
In no event shall Elevate Mindworks LLC be liable for:
Indirect, incidental, special, consequential, or punitive damages
Lost profits, revenue, or business opportunities
Loss of data or business information
Cost of substitute goods or services
Business interruption or loss of use
Damages arising from reliance on content or strategies taught
Emotional distress or reputational harm
This exclusion applies regardless of whether we were advised of the possibility of such damages.
11.3 Basis of Bargain
You acknowledge that this limitation of liability is an essential element of the agreement between you and Elevate Mindworks LLC and that we would not offer the Products at the current price without these limitations.
11.4 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations on liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Elevate Mindworks LLC, its owners (including Jasmin Nass individually), officers, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from or related to:
Your use or misuse of our Products
Your violation of these Terms
Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
Your violation of any applicable laws or regulations
Any content you submit, post, or transmit through our platforms
Any disputes or claims you have with other users or third parties
Your implementation of strategies taught in our Products
Any representations or warranties you make that are based on our content
This indemnification obligation survives termination of these Terms and your use of our Products.
13. Termination of Access
13.1 Grounds for Termination
We reserve the right to suspend or permanently revoke your access to any or all Products if you:
Violate these Terms in any material way
Share, distribute, or resell our proprietary content
Engage in abusive, threatening, or harassing behavior toward our team or community
Initiate chargebacks or fraudulent payment disputes
Use our Products for illegal or unethical purposes
Provide false information or misrepresent your identity
Attempt to circumvent security measures or technological protections
13.2 Notice and Opportunity to Cure
In most cases (except for severe violations), you will receive written notice via email and will have five (5) business days to resolve the issue or provide an explanation. Severe violations (such as intellectual property theft, fraud, or threatening behavior) may result in immediate termination without notice or opportunity to cure.
13.3 Effect of Termination
Upon termination:
Your access to all Products will be immediately revoked
You must cease all use of our materials
You must delete or destroy any downloaded content
You remain liable for any outstanding payment obligations
No refunds will be issued
Sections of these Terms that by their nature should survive (including but not limited to Intellectual Property, Limitation of Liability, Indemnification, and Dispute Resolution) shall survive termination
13.4 Your Right to Terminate
You may cease using our Products at any time, but such cessation does not:
Entitle you to a refund
Release you from payment obligations
Terminate your obligations under these Terms (surviving provisions remain in effect)
14. Dispute Resolution and Arbitration
14.1 Informal Resolution Requirement
Before initiating any formal dispute resolution, you agree to contact us at hello@elevatemindworks.com with a detailed description of your concern. We will attempt to resolve the matter informally within 30 days. This step is mandatory before proceeding to arbitration.
14.2 Binding Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Products (including but not limited to disputes about the validity, interpretation, breach, or termination of these Terms) shall be resolved through final and binding arbitration rather than in court, except as provided below.
14.3 Arbitration Procedures
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
The arbitration shall take place in Rock County, Wisconsin or at another location mutually agreed upon
The arbitration may be conducted telephonically or via videoconference if you do not reside in Wisconsin
The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
Each party shall bear its own costs and attorneys' fees unless otherwise awarded by the arbitrator
14.4 Exceptions to Arbitration
Either party may bring a claim in small claims court if the claim qualifies and remains in small claims court. Additionally, either party may seek injunctive or equitable relief in court for intellectual property infringement or misappropriation.
14.5 Class Action Waiver
YOU AGREE THAT DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in a class-wide arbitration or class action lawsuit against Elevate Mindworks LLC.
If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void (but the rest of these Terms remain in effect).
14.6 Jury Trial Waiver
You and Elevate Mindworks LLC both waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and we are instead electing to have claims and disputes resolved by arbitration.
14.7 Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@elevatemindworks.com within 30 days of your first purchase. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out of arbitration does not affect any other terms.
15. Governing Law and Jurisdiction
15.1 Governing Law
These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflict of law provisions.
15.2 Exclusive Jurisdiction
To the extent not subject to arbitration, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Rock County, Wisconsin. You consent to the personal jurisdiction of these courts and waive any objection to venue.
15.3 International Users
If you access our Products from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You acknowledge that your information will be transferred to and processed in the United States.
16. Affiliate and Third-Party Disclaimers
16.1 Affiliate Relationships
We may promote, reference, or recommend third-party products, services, tools, or platforms. In some cases, we may receive affiliate commissions or other compensation for these recommendations. Such relationships do not influence our educational content, and we only recommend products and services we believe may provide value.
16.2 No Endorsement or Guarantee
Mention of any third-party product, service, company, or individual does not constitute:
An official endorsement beyond our stated opinion
A guarantee of results from using that product or service
A warranty of quality, fitness for purpose, or merchantability
An assumption of liability for third-party actions or products
16.3 Third-Party Links
Our Products may contain links to third-party websites or resources. We are not responsible for:
The content, accuracy, or legality of third-party sites
Third-party privacy practices or terms of service
Products or services sold by third parties
Your interactions with third parties
You access third-party sites at your own risk.
16.4 Tools and Platform Changes
Third-party tools, platforms, or services recommended in our Products may:
Change their features, pricing, or availability
Modify their terms of service
Discontinue operations
No longer be suitable for the strategies taught
We are not responsible for such changes and make no guarantees about the continued availability or suitability of any third-party resource.
17. Force Majeure
Elevate Mindworks LLC shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:
Acts of God (earthquakes, floods, fires, storms, pandemics)
War, terrorism, civil unrest, or government actions
Labor disputes or strikes
Internet service provider failures or cyberattacks
Failures of third-party hosting, payment, or service providers
Utility failures or telecommunications outages
Changes in laws or regulations that prohibit our operations
In the event of force majeure lasting more than 90 days, either party may terminate affected obligations without liability.
18. Modifications to Terms
8.1 Right to Modify
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated via:
Email to your registered email address
Notice posted on our website
In-product notification (where applicable)
18.2 Effective Date of Changes
Changes become effective:
Immediately upon posting for new customers
30 days after notification for existing customers (unless sooner acceptance is required by law)
18.3 Continued Use Constitutes Acceptance
Your continued use of our Products after any modification to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of our Products (without entitlement to a refund).
18.4 Version Control
We will maintain version history showing the effective dates of Terms modifications. You may request previous versions by contacting us.
19. Privacy and Data Protection
19.1 Privacy Policy
Your use of our services is also governed by our Privacy Policy, available at: https://www.elevatemindworks.com/privacy-policy
The Privacy Policy is incorporated into these Terms by reference.
19.2 Data Collection and Use
By using our Products, you acknowledge and consent to:
Collection of personal information as described in our Privacy Policy
Use of cookies, tracking pixels, and similar technologies
Marketing communications (subject to your opt-out rights)
Transfer and storage of data in the United States
19.3 EU/UK Users - GDPR Compliance
If you are located in the European Union or United Kingdom:
You have additional rights under GDPR/UK GDPR
See our Privacy Policy for details on your rights and our data protection practices
You may exercise your rights by contacting hello@elevatemindworks.com
We rely on consent and/or legitimate interests as our legal basis for processing
19.4 California Users - CCPA/CPRA Rights
If you are a California resident:
You have rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
See our Privacy Policy for details on your privacy rights
You may submit requests via hello@elevatemindworks.com
We do not sell your personal information
19.5 Data Security
While we implement reasonable security measures, we cannot guarantee absolute security. You acknowledge the inherent risks of internet transmission and electronic storage.
20. SMS/Text Messaging Terms
20.1 Consent to Receive SMS
By providing your phone number at checkout, through a lead form, or by engaging with our keyword opt-in campaigns, you expressly consent to receive recurring automated promotional and personalized marketing text messages (e.g., course updates, exclusive offers, launch announcements, cart abandonment reminders) from Elevate Mindworks LLC.
20.2 Message Details
Message Frequency: Message frequency varies depending on your activity and our promotions. You may receive up to 10 messages per month, but frequency may be higher during launch periods.
Message & Data Rates: Message and data rates may apply based on your mobile carrier's plan. We are not responsible for any charges incurred.
Supported Carriers: Our SMS program works with most major U.S. carriers, but availability may vary.
20.3 Opt-Out and Help
To Unsubscribe: Reply STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message to opt out
For Help: Reply HELP for assistance or contact hello@elevatemindworks.com
Confirmation: You will receive a one-time confirmation message when you opt out
20.4 Not a Condition of Purchase
Consent to receive SMS is not a condition of any purchase. You may make purchases without providing your phone number or by opting out of SMS at any time.
20.5 Privacy and Data Usage
We will never sell or share your mobile number with third parties for their marketing purposes
Your mobile data will be handled in accordance with our Privacy Policy
We use your phone number only for the SMS program and related customer service
20.6 Changes to SMS Program
We reserve the right to modify or discontinue the SMS program at any time. We will provide notice of material changes when reasonably possible.
21. User-Generated Content and Community Guidelines
21.1 Submission of Content
Some of our Products may include community features such as forums, comments, chat groups, or social media communities where you can submit content. By submitting any content, you:
Grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display your submission for operational and marketing purposes
Represent that you own or have rights to the content submitted
Waive any moral rights in the content
Agree not to submit content that is illegal, harmful, defamatory, or infringes on third-party rights
21.2 Community Guidelines
You agree not to:
Harass, bully, or threaten other community members
Share false, misleading, or deceptive information
Spam or engage in excessive self-promotion
Share others' private information without consent
Promote illegal activities or prohibited products/services
Impersonate others or misrepresent your affiliation
21.3 Moderation Rights
We reserve the right to:
Monitor, edit, or remove any user-generated content
Suspend or ban users who violate community guidelines
Take no action regarding user content, as we are not obligated to moderate
21.4 No Liability for User Content
We are not responsible for user-generated content and disclaim all liability for any harm arising from such content. Users are solely responsible for their own submissions.
22. Entire Agreement and Severability
22.1 Entire Agreement
These Terms, together with our Privacy Policy and any Product-specific terms, constitute the entire agreement between you and Elevate Mindworks LLC regarding your use of our Products and supersede all prior or contemporaneous communications, proposals, or agreements.
22.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
22.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Elevate Mindworks LLC.
22.4 Headings
Section and subsection headings are for convenience only and shall not affect the interpretation of these Terms.
23. Assignment
23.1 Our Right to Assign
We may assign, transfer, or delegate our rights and obligations under these Terms to any third party without your consent, including in connection with a merger, acquisition, sale of assets, or by operation of law.
23.2 Your Restrictions
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.
24. Electronic Communications and Signatures
24.1 Consent to Electronic Communications
You consent to receive communications from us electronically, including via email, SMS, or through our platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
24.2 Electronic Signatures
By checking a box, clicking a button, or completing a purchase on our platform, you are providing a legally binding electronic signature that has the same force and effect as a handwritten signature.
25. Specific Compliance Statements
25.1 FTC Compliance
We comply with the Federal Trade Commission Act and related regulations, including:
16 CFR Part 255 (Guides Concerning Use of Endorsements and Testimonials)
Section 5 prohibitions on deceptive advertising
Requirements for clear and conspicuous disclosures
25.2 CAN-SPAM Compliance
Our email marketing complies with the CAN-SPAM Act:
We provide clear identification in all emails
Subject lines accurately reflect content
We include our physical business address
We honor opt-out requests within 10 business days
We do not use deceptive headers or routing information
25.3 TCPA Compliance
Our SMS and telephone marketing complies with the Telephone Consumer Protection Act (TCPA):
We obtain express written consent before sending marketing texts
We provide clear opt-out mechanisms
We maintain internal do-not-call/text lists
We honor opt-out requests immediately
25.4 Payment Card Industry (PCI) Compliance
While we do not directly process or store payment card information (this is handled by our payment processors), we maintain PCI DSS compliance standards for any card data that may transit through our systems.
25.5 Square Terms Compliance
By making a payment through Square, you agree to be bound by Square's Services Agreement and applicable policies, available by [Clicking Here]. We comply with Square's requirements for merchant conduct and user data protection.
26. Accessibility
26.1 Accessibility Commitment
We strive to make our Products accessible to individuals with disabilities in accordance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, though we do not guarantee full compliance.
26.2 Accommodation Requests
If you require accommodation to access our Products due to a disability, please contact us at hello@elevatemindworks.com. We will make reasonable efforts to provide accommodation where possible, though we cannot guarantee all requests can be fulfilled.
27. International Users
27.1 Eligibility by Location
Our Products are intended for users in jurisdictions where such Products are legal. You are responsible for ensuring your use complies with local laws.
27.2 Export Controls
You agree not to export, re-export, or transfer our Products or any technical data derived from them in violation of U.S. export control laws or regulations.
27.3 Currency and Language
Unless otherwise specified, all prices are in U.S. Dollars and all content is provided in English. We do not guarantee accurate translation into other languages.
28. Contact Information
If you have any questions about these Terms & Conditions, please contact us at:
Email: hello@elevatemindworks.com
Elevate Mindworks LLC
2810 Crossroads Drive, Suite 4024,
Madison, WI 53718
Response Time: We strive to respond to inquiries within 2-3 business days.
29. Acknowledgment and Acceptance
BY COMPLETING YOUR PURCHASE, CHECKING THE ACCEPTANCE BOX, OR USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT:
You have read these Terms & Conditions in their entirety
You understand these Terms and agree to be bound by them
You have had the opportunity to seek independent legal advice if desired
You are entering into a legally binding agreement
You waive any claim that these Terms are invalid, unenforceable, or not legally binding
You understand the no-refund policy and assume all risks associated with your purchase
Last Updated: 2026
These Terms & Conditions are subject to change. It is your responsibility to review them periodically. Continued use after changes constitutes acceptance of modified Terms.