Terms and Conditions for Digital Products

Effective Date: 10/25/2026

Provider: The Clowns Thoth ("The Clowns Thoth," "we," "us," or "our"), located in Wayne County, Michigan, USA

Products: Digital products including e-books, templates, courses, frameworks, and related materials (collectively, the "Products")

These Terms and Conditions ("Terms") form a legally binding agreement between you ("Customer," "you," or "your") and The Clowns Thoth upon your purchase, download, or access of any Product. By purchasing, downloading, or using any Product, you agree to be bound by these Terms in full. If you do not agree, do not purchase or use any Product and return any material you have obtained.

1. The Products; Delivery

1.1 The Products are digital, electronically delivered goods (e-books, templates, courses, frameworks, and related materials). They are delivered instantly or electronically upon completion of payment — typically by email or direct download/access — and no physical goods are shipped.

1.2 We reserve the right to modify, update, or discontinue any Product at any time. Purchases are final at the price displayed at the time of purchase.

2. Intellectual Property and Licensing

2.1 Ownership. The Clowns Thoth is and remains the sole and exclusive owner of all intellectual property rights, including all copyrights, in and to the Products. This includes, without limitation, the text, structure, frameworks, templates, artwork, course materials, and any associated branding, in each case in whatever form or medium they are provided in or adapted into. Nothing in these Terms transfers ownership of the Products to you, except to the extent expressly stated below.

2.2 Your license. Upon payment, we grant you a personal, single-user, non-exclusive, non-transferable, revocable license to use the Products in your own private, non-commercial-as-a-product capacity for your personal use as a user of the Product. This is a single-use personal license: it is limited to you, a single individual, and does not extend to any other person or organization.

2.3 Your own creations. You retain full ownership of any original works you create with the Products — including your own worlds, settings, characters, stories, and other creative outputs. These Terms grant us no rights in your original works, and the license above does not extend to those works. The underlying templates, frameworks, and Product remain our copyrighted property; only your original creations made with them are yours.

2.4 Prohibited uses. You may not, and you agree not to:

- (a) resell, sublicense, lease, lend, rent, or otherwise commercially exploit the Products themselves;

- (b) share, distribute, upload, publish, or provide access to the Products (or any part thereof) to any other person, whether for free or for a fee;

- (c) redistribute the Products in digital or physical form, including bundling them with other products or embedding them in other offerings;

- (d) remove, alter, or obscure any copyright, trademark, or other proprietary notice contained in the Products;

- (e) reverse engineer, decompile, disassemble, or otherwise attempt to extract the source or structure of the Products where prohibited by law;

- (f) use the Products to train machine-learning or artificial-intelligence systems or to create derivative works that compete with the Products.

2.5 We may terminate this license, or any access to the Products, at any time for a material breach of Section 2, without refund.

3. No-Refund / Return Policy

3.1 Strict no-refund policy. Because the Products are digital goods delivered instantly upon payment, they cannot be "returned" in any physical sense, and we maintain a strict no-refunds policy. All sales are final, and no refund will be issued for any reason, including but not limited to dissatisfaction, regret, a change of mind, "not useful," or a failure to achieve a desired outcome.

3.2 Defective or corrupted files. If a delivered file is proven to be corrupted, defective, or otherwise unusable through no fault of yours (for example, an illegible download or a broken link), we will replace it, at our option by re-delivery or a replacement file, provided you report the defect to us within thirty (30) days of purchase by contacting us at thoth@theclownsthoth.com. We will act reasonably and promptly on confirmed defects. This replacement remedy is your sole and exclusive remedy for a defective delivery, in lieu of any refund.

3.3 Exceptional, discretionary exceptions. In rare, exceptional, and clearly documented circumstances (for example, a verifiable duplicate or double charge for the same order), we may, at our sole and absolute discretion, provide a refund or credit. Such a refund is a discretionary exception, not an entitlement, and is not a waiver of this no-refund policy in any other situation.

3.4 Any exchange or replacement of a defective file does not extend, renew, or otherwise alter the no-refund policy; the replacement Product is subject to these Terms in full.

4. Payment and Pricing

4.1 Pricing. All prices for the Products are stated in United States Dollars (USD). Prices shown at the time of purchase are the applicable prices; we may change prices at any time, and changes apply only to purchases made after the change.

4.2 Accepted payment methods. We accept payment by the following methods:

- Stripe (credit/debit card and other Stripe-supported payment methods); and

- PayPal.

Your use of a payment method means you authorize us (and our payment processors, Stripe and PayPal) to charge the applicable account for the price of the Product plus any applicable taxes.

4.3 Failed or incomplete payments. If a payment fails (for example, due to insufficient funds, a declined card, a PayPal balance shortfall, or a payment-processor error):

- We (through our payment processors) may automatically retry the charge up to five (5) times over an ensuing period of no more than ten (7) days, in order to complete your order.

- If all retry attempts fail, the order will be cancelled, the Product will not be delivered, and no access to the Product will be granted.

- You may re-attempt payment at any time to complete the purchase. A failed or refunded payment does not entitle you to access to the Product or to a partial refund; you are only ever charged for a completed, successful order.

- If, after a payment appears to succeed, the charge is later reversed or fails (for example, a chargeback or a reversed payment), your access to the Product will be suspended or revoked until the matter is resolved in our favor, and any amounts owed remain payable.

4.4 Taxes. You are solely responsible for any sales, use, VAT, or similar transactional taxes (if any) arising from your purchase, based on your jurisdiction. Prices do not include any such taxes unless expressly stated at checkout.

4.5 Your payment obligations. You represent that you have the legal right to use the payment method submitted and that the information you provide is accurate and complete. You are responsible for all amounts charged to your account in connection with a purchase.

5. No Guarantee of Results; Disclaimers

5.1 No guarantee of results. The Products are provided for educational and creative purposes. We express no warranty or guarantee of any kind, whether express or implied, regarding any outcomes you may achieve by using the Products. This includes, without limitation, any results related to: building an audience; the level of audience investment, interest, or engagement in your fictional setting; creative success; commercial success; or any income, revenue, profit, or financial benefit. Results, if any, depend entirely on your own efforts, skill, circumstances, and the exercise of your own independent judgment, and no outcome is promised, guaranteed, or implied.

5.2 "As is." To the fullest extent permitted by law, the Products are provided "AS IS" and "AS AVAILABLE" without warranty of any kind. Without limiting the generality of the foregoing, we disclaim all warranties, whether express, implied, or statutory, including (to the extent they may exist) any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy, completeness, or reliability, except to the extent such disclaimers are prohibited by applicable law, in which case the disclaimed warranties shall be limited to the minimum extent permitted by such law.

5.3 Accuracy of material. While we use reasonable care in preparing and delivering the Products, we do not warrant that the Products will be error-free, or that all defects will be corrected.

6. Limitation of Liability

6.1 Exclusion of certain damages. To the maximum extent permitted by applicable law, in no event will The Clowns Thoth, or its owners, agents, employees, affiliates, licensors, or suppliers, be liable for any indirect, incidental, special, consequential, or punitive damages — including, without limitation, loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, or any similar consequential or incidental loss — arising out of or in connection with your purchase or use (or inability to use) of the Products, howsoever caused and under any theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise.

6.2 Cap on liability. To the maximum extent permitted by applicable law, and subject to the carve-outs in Section 6.4, the total aggregate liability of The Clowns Thoth for any and all claims, causes of action, or damages of any kind arising out of or relating to the Products or these Terms shall not exceed the total amount you actually paid to us for the specific Product that is the subject of the claim, calculated over the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid anything for the Product (for example, where the Product was provided free of charge), the cap shall correspondingly be zero, except to the extent provided in Section 6.4.

6.3 Standard. The limitations in this Section 6 apply even if we have been expressly advised of the possibility of such damages, and even if a remedy fails of its essential purpose, to the extent permitted by law.

6.4 Exceptions. The limitations and exclusions in this Section 6 do not apply to the extent — and only to the extent — excluded by non-excludable mandatory law. Under no circumstances will this Section 6 limit, and we assume no responsibility or liability for: (a) any liability that cannot be limited or excluded under applicable law (including, where applicable, liability for death or personal injury caused by our negligence); or (b) our liability for fraud or for any misrepresentation as to a matter of law.

6.5 Nothing in this Section 6 shall be construed to limit or exclude liability where such limitation or exclusion is prohibited or restricted by applicable law, in which case the limitation or exclusion shall apply only to the maximum extent permitted by such law.

7. User Conduct and Prohibited Uses

7.1 Scraping prohibited. You may not scrape, crawl, index, or otherwise bulk-extract or programmatically harvest the content of the Products or any related website, course, or service. You may not use any automated, mechanical, or programmatic means to access, collect, copy, monitor, or reproduce any material.

7.2 Course and account access. To the extent you purchase access to a digital course or any account-based Product:

- Access is personal to you and to a single individual only;

- You may not share, disclose, lend, sell, or otherwise provide your login credentials, access codes, or account details to any other person;

- You must keep your credentials confidential and are responsible for all activity that occurs under your account; and

- We may, subject to Section 2.5, suspend or terminate your access upon a reasonable suspicion that your account or credentials are being shared or misused.

7.3 General conduct. You agree that you will not, in connection with the Products:

- (a) use the Products in any unlawful manner, or in a way that is deceptive, defamatory, threatening, or that violates any third party's rights;

- (b) attempt to access any Product or system to which you are not authorized;

- (c) interfere with or disrupt the integrity or performance of any Product, delivery system, or related service; or

- (d) misuse or abuse any other user of the Products or of any related service.

7.4 Remedies for breach. A breach of this Section 7 entitles us to suspend or terminate your access to the Products (including any course access) immediately and without refund, and we reserve all other rights and remedies available at law or in equity.

8. Governing Law and Dispute Resolution

8.1 Governing law. This agreement, and any claim or dispute arising out of or relating to the Products or these Terms ("Claim" or "Dispute"), shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without giving effect to any conflict-of-laws or choice-of-law principles or rules (whether of the State of Michigan or of any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

8.2 Exclusive jurisdiction. Except where a smaller claim may be brought in a small claims court (see Section 8.4), you agree that any Dispute shall be brought exclusively in the appropriate state courts or federal courts located in the State of Michigan, USA, and you hereby submit to the exclusive jurisdiction and venue of such courts for the purposes of any action, proceeding, or counterclaim. You waive any objection to this exclusive venue based on inconvenience (forum non conveniens) to the fullest extent permitted by law.

8.3 **Waiver of jury trial.** TO THE EXTENT PERMITTED BY NON-WAIVABLE LAW, YOU AND THE CLOWNS THOTH HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS.

8.4 Small claims. Nothing in these Terms prevents either party from initiating proceedings as a small-claims plaintiff before a competent small-claims court in the State of Michigan, or from recovering small claims through any summary or small-claims procedure.

8.5 Class action waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE NON-WAIVABLE LAW, YOU AGREE THAT ANY DISPUTE OR CLAIM MUST BE LITIGATED ONLY IN AN INDIVIDUAL CAPACITY, AND YOU MAY NOT BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR ANY REPRESENTATIVE PROCEEDING ON behalf of yourself or any other person. This waiver is separate and distinct from, but does not limit, the governing-law and jurisdiction provisions above.

8.6 No waiver. No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver, nor shall any single or partial exercise thereof preclude any other or further exercise thereof.

9. Term and Termination

9.1 These Terms continue for so long as you retain or use the Products. They will terminate automatically if we terminate your license or access in accordance with Section 2.5 or 7.4, or if you discontinue use of the Products.

9.2 Upon termination, all licenses granted to you under Section 2.2 shall immediately terminate, and you shall cease all use of, and destroy or delete all copies of, the Products in your possession or control.

9.3 The following sections shall survive any termination of these Terms: 2 (to the extent of the obligations and prohibitions it creates), 3, 5, 6, 7, 8, and 10.

10. Modifications

10.1 We may update or modify these Terms from time to time. Continued use of or purchase of a Product after any such modification constitutes your acceptance of the revised Terms. The effective date stated at the top of this document shall be updated whenever such changes are made. If a change is material to you, we will make reasonable efforts to notify you (for example, by email or a notice on the site) of the change before it takes effect.

10.2 For clarity, these Terms apply to Products purchased, downloaded, or accessed after the effective date of the (revised) Terms, except that the version of the Terms in force on the date of a given purchase governs a dispute about that specific purchase.

11. Severability

If any term, condition, or provision of these Terms is or becomes invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other term, condition, or provision, all of which shall continue in full force and effect to the maximum extent permitted by law. The affected provision shall be replaced, to the maximum extent permitted by law, with a valid and enforceable provision that most closely reflects the original intent of the provision.

12. Entire Agreement

These Terms, together with any other written agreement expressly made between you and The Clowns Thoth, constitute the entire agreement between you and us with respect to the Products and supersede all prior or contemporaneous agreements, understandings, representations, warranties, and offers, whether written or oral. Where there is any conflict between these Terms and any such other agreement, the most recently executed agreement shall govern to the extent of the conflict.

13. Contact Information

If you have any questions, comments, or concerns regarding the Products or these Terms, or if you wish to report a defective file under Section 3.2, please contact us:

- Business name: The Clowns Thoth

- Email: thoth@theclownsthoth.com

- Website: https://www.theclownsthoth.com