Terms & Conditions

1. Acceptance of Terms

By accessing, browsing, or using the The Open Window Academy platform ("Platform"), operated by The Open Window Academy LLC ("Company," "we," "us," or "our"), you ("User," "Affiliate," "Customer," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), together with our Privacy Policy, Disclaimer, Refund Policy, Independent Contractor Agreement, and Acceptable Use Policy, all of which are incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform and not complete any course purchase or Affiliate enrollment.

Mandatory Acceptance: By creating an account, completing a course purchase, or enrolling in the Affiliate Program, you confirm your acceptance of these Terms via a mandatory checkbox during the checkout process. This constitutes a legally binding agreement between you and the Company. Electronic acceptance has the same legal force as a handwritten signature.

2. Definitions

• "Affiliate" means any User who participates in the The Open Window Academy referral program (the "Affiliate Program").
• "Commission" means the performance-based compensation earned by Affiliates for qualifying referral sales.
• "Course" means an individual digital educational product available for one-time purchase on the Platform, granting lifetime access to the purchaser.
• "Customer" means any individual who has completed registration and purchased one or more Courses or products through the Platform.
• "Platform" means the The Open Window Academy website, applications, tools, products, and all associated services.
• "Products" means the digital courses, tools, content, curated resources, and AI-powered services available on the Platform.
• "OWA Resources" means the curated library of third-party products and tools available on the Platform, sourced through the Company's partnerships with various third-party providers.
• "Net Revenue" means the revenue actually received by the Company from a qualifying sale, after deducting applicable taxes, payment processing fees, third-party partner costs, and refunds.

3. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use this Platform. By using the Platform, you represent and warrant that:

• You meet the minimum age requirement and have the legal capacity to enter into a binding agreement.
• You are not barred from using the Platform under any applicable law or regulation.
• You will provide accurate, current, and complete information during registration.
• If participating in the Affiliate Program, you are legally permitted to operate as an independent contractor in your jurisdiction.
• You understand and accept the tax obligations associated with earning income as a self-employed individual (see Section 8).

4. Course Purchases & Billing

The Open Window Academy offers individual digital courses for one-time purchase. Each course purchase grants you lifetime access to that course's content, including all future updates to that course. By completing a purchase, you authorize the Company to charge your chosen payment method for the listed course price.

• One-Time Payment: All course purchases are one-time payments. There are no recurring fees, subscriptions, or monthly charges associated with course access.
• Returning Customer Discount: Customers who have previously purchased any course receive a 25% discount on all subsequent course purchases. This discount is applied automatically at checkout.

All prices are displayed in USD. The actual charge will be processed in USD and converted by your payment provider at their prevailing exchange rate if your payment method uses a different currency.

Price Changes: The Company reserves the right to modify course pricing at any time. Price changes do not affect previously completed purchases. Courses you have already purchased remain accessible at no additional cost regardless of future price changes.

5. OWA Resources & Third-Party Products

The Platform features a curated library of third-party products and tools ("OWA Resources") that the Company has reviewed and selected for quality. These products are sourced through the Company's partnerships with various third-party providers.

• The Company may receive compensation from third-party partners when purchases are made through the Platform.
• The Company does not manufacture, control, or guarantee any third-party products featured in OWA Resources.
• All third-party product purchases are subject to the respective third-party provider's terms, conditions, and refund policies.
• The Company is not liable for any issues, defects, or disputes arising from third-party product purchases.
• Product availability, pricing, and descriptions in OWA Resources are subject to change without notice based on third-party partner updates.

6. Refund Policy

Due to the digital nature of our products and because access to Course content is granted immediately upon purchase, all sales are generally considered final. Please review our complete Refund Policy for detailed terms.

The Company may, at its sole discretion, issue refunds on a case-by-case basis for documented technical issues that prevent access to purchased Course content. Chargebacks or payment disputes filed without first contacting our support team within 7 business days may result in immediate and permanent account termination and potential collection action for amounts owed.

7. Affiliate Program

The Open Window Academy offers a referral-based affiliate program ("Affiliate Program") that allows Users to earn commissions by referring new sales. Participation in the Affiliate Program is voluntary, free to join, and subject to the following terms:

7.1 Commission Rate

Affiliates earn a flat 30% commission on the Net Revenue received by the Company from any qualifying sale made through the Affiliate's unique referral link. There are no tiers, ranks, or levels — the rate is the same for all Affiliates.

7.2 Commission Calculation

Commissions are calculated on the Net Revenue actually received by the Company from a qualifying sale. This is an important distinction:

• For OWA Course sales: 30% of the course sale price after payment processing fees and any applicable refunds.
• For OWA Resources (third-party products): 30% of the commission or revenue the Company receives from its third-party partners for that sale, after applicable fees and deductions. Because the Company's revenue from third-party product sales may vary by product and partner, the dollar amount of the Affiliate's commission will also vary accordingly.
• For OWA Membership sales: 30% of the membership fee received by the Company after payment processing fees.

For clarity: The 30% commission is always based on what the Company actually receives — not the retail price of the product. Commission amounts may vary depending on the product type and the Company's arrangement with its partners.

7.3 Commission Payment

• Minimum payout threshold is $50.00 USD. Commissions below this threshold will roll over to the next payment period.
• Commissions are paid monthly, on or before the 15th of the following month.
• The Company reserves the right to withhold commissions pending investigation of suspected fraud, policy violations, or chargebacks.
• Commissions earned on transactions that are later refunded or charged back will be deducted from future commission payments.

7.4 Prohibited Affiliate Practices

• Making false, misleading, or exaggerated income claims or earnings representations.
• Spamming, unsolicited messaging, or any form of deceptive marketing.
• Purchasing products through your own referral link (self-referral).
• Creating fake accounts or using bots to generate referrals.
• Misrepresenting the nature of the products or the Affiliate Program.
• Making guarantees of income, success, or financial outcomes to prospective Customers.
• Violating any applicable FTC guidelines, advertising standards, or consumer protection laws.

Violation of any prohibited practice will result in immediate termination of your Affiliate status, forfeiture of all unpaid commissions, and potential legal action.

7.5 Program Modifications

The Company reserves the right to modify commission rates, payment terms, and program structure with 30 days' advance notice to active Affiliates. Continued participation after the effective date of any changes constitutes acceptance of the modified terms.

8. Independent Contractor Status & Tax Obligations

IMPORTANT: All Affiliates are classified as independent contractors, NOT employees of the Company. This classification has significant legal and tax implications. Please review the Independent Contractor Agreement carefully.

8.1 No Employment Relationship

Nothing in these Terms or any related agreement creates an employer-employee relationship, partnership, joint venture, or agency relationship between you and the Company. As an independent contractor, you:

• Are not entitled to employee benefits including health insurance, retirement plans, workers' compensation, unemployment insurance, paid leave, or any other employee benefit.
• Control your own schedule, methods, and means of performing your Affiliate activities.
• May engage in other business activities and are not required to work exclusively for The Open Window Academy.
• Are responsible for providing your own equipment, workspace, and resources.

8.2 Tax Responsibility

As a self-employed independent contractor, you are solely responsible for all tax obligations arising from your participation in the Affiliate Program, including but not limited to:

• Federal Income Tax: All commissions are taxable income.
• Self-Employment Tax: You are responsible for both the employer and employee portions of Social Security and Medicare taxes (currently 15.3% in the United States).
• State and Local Taxes: You are responsible for any applicable state and local income taxes.
• Quarterly Estimated Tax Payments: You may be required to make quarterly estimated tax payments to the IRS and your state tax authority.
• International Tax Obligations: If you reside outside the United States, you are responsible for complying with all tax laws in your jurisdiction.

8.3 IRS Form 1099 Reporting

The Company will issue IRS Form 1099-NEC to any U.S.-based Affiliate who earns $600 or more in commissions during a calendar year. You are required to provide accurate taxpayer identification information (W-9) upon request. Failure to provide a valid W-9 may result in backup withholding at the applicable rate and/or suspension of commission payments.

8.4 Business Registration

Depending on your jurisdiction, you may need to register as a sole proprietor, obtain a business license, or form a business entity (LLC, etc.) to legally operate as an Affiliate. The Company strongly recommends consulting with a qualified tax professional or attorney regarding your specific obligations. The Company is not responsible for advising you on tax, legal, or business registration matters.

9. Content & Intellectual Property

All content on the Platform — including but not limited to text, graphics, logos, images, audio, video, software, AI-generated content, training materials, course content, product interfaces, and proprietary algorithms — is the property of The Open Window Academy LLC or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws.

License Grant: Upon purchasing a Course, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use that Course's content for your personal and business use. This license is perpetual for purchased Courses as long as your account remains in good standing and the Platform continues to operate.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Platform without prior written consent. Unauthorized use may result in civil and criminal penalties.

10. User Conduct & Acceptable Use

You agree to comply with our Acceptable Use Policy and not to use the Platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Platform. The Company explicitly does not condone violence, hatred, discrimination, or harmful acts of any kind.

11. Technical Issues & Service Availability

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee uninterrupted, error-free, or secure access to the Platform. Technical issues, including but not limited to audio malfunctions, video buffering, server downtime, AI service interruptions, and software bugs, may occur. The Company shall not be liable for any loss or damage arising from technical issues, service interruptions, or data loss.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Platform.
• Any conduct or content of any third party on the Platform.
• Any content obtained from the Platform.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any loss of income, commissions, or business opportunities.
• Actions or omissions of other Users or Customers.

IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000.00 USD).

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform or participation in the Affiliate Program.
• Your violation of these Terms or any related agreement.
• Your violation of any rights of a third party.
• Any income claims, representations, or marketing materials you create or distribute.
• Your failure to comply with applicable tax laws or regulations.
• Any claims arising from your activities as an independent contractor.

14. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact the Company at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Affiliate Program that cannot be resolved informally shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Pierce County, Washington, or at a location mutually agreed upon.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

14.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

15. Termination

The Company reserves the right to suspend or terminate your account and/or Affiliate status at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms or any related agreement.
• Fraudulent activity or suspected fraud.
• Making false income claims or misleading representations.
• Filing a chargeback without first contacting support.
• Any conduct deemed harmful to the Company, its Customers, or its reputation.

Upon termination: (a) your Affiliate status and ability to earn commissions ceases immediately; (b) any unpaid commissions below the minimum payout threshold are forfeited; (c) commissions above the minimum threshold that have been earned and verified will be paid within 60 days; (d) access to purchased Courses may be preserved at the Company's discretion, but is not guaranteed upon termination for cause.

16. Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws, regulations, and guidelines in connection with your use of the Platform and participation in the Affiliate Program, including but not limited to:

• FTC Act (15 U.S.C. § 41 et seq.): All marketing materials, testimonials, and income representations must comply with FTC guidelines on endorsements and advertising.
• CAN-SPAM Act: All email marketing must comply with anti-spam regulations.
• GDPR/CCPA: If applicable, you must comply with data protection regulations when handling personal information of prospects.
• Tax Laws: You must comply with all applicable tax reporting and payment obligations.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

18. Entire Agreement

These Terms, together with the Privacy Policy, Disclaimer, Independent Contractor Agreement, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

19. Modifications

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to registered Users and/or posted prominently on the Platform at least 30 days before taking effect. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date.

20. Contact Information

For questions or concerns regarding these Terms, please contact us at: