Terms and Conditions + SMS Consent

Effective Date: January 1, 2025

These Terms & Conditions (the "Terms") govern your access to and use of SamanthaKozuch.com, the Maniscripting Journal and related physical products, the Maniscripting Community (including any private groups, forums, or hosted communities), and the ElevateHER app and web experiences (collectively, the "Services").

By accessing or using any part of the Services, creating an account, purchasing a product, joining the Community, or downloading/using the ElevateHER app, you agree to be bound by these Terms and our Privacy Policy and Community Guidelines (collectively, the "Agreements"). If you do not agree, do not use the Services.

1) Who We Are

"Company," "we," "our," or "us" means Samantha Kozuch, Maniscripting, and their respective affiliates and subsidiaries operating the Services. Contact us at [email protected] and Maniscripting LLC 202 Walton Way Ste #192, #736 Cedar Park, TX 78613.

2) Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this requirement and that you have full power and authority to enter into these Terms.

3) Account Registration & Security

You may need an account to access certain features. You are responsible for (a) providing accurate information, (b) maintaining the confidentiality of your login credentials, and (c) all activity under your account. Notify us promptly of any unauthorized use at [email protected].

4) Purchases, Subscriptions & Billing

4.1 Physical Products (Maniscripting Journal & Merch)

• Orders & Acceptance. All orders are offers to purchase and may be accepted or rejected by us. We may limit quantities.

• Pricing & Taxes. Prices are shown in USD unless stated otherwise. You are responsible for applicable taxes, duties, and fees.

• Shipping & Risk of Loss. Title and risk of loss pass upon delivery to the carrier. Delivery times are estimates only.

• Returns. Unused/undamaged items in original packaging may be eligible for return within 14 days of delivery (proof of purchase required). Certain items (e.g., opened journals, digital downloads, gift cards) may be non‑returnable. See our Return & Shipping Policy on Maniscripting.com.

• Damaged/Incorrect Items. Report issues within 7 days of delivery with photos so we can assist.

4.2 Digital Products, Programs & Events

Unless we state otherwise, all sales are final for digital products (courses, downloads, meditations, activations, masterclasses, ticketed events, etc.). Access is for personal, non‑commercial use by a single user unless we expressly allow otherwise.

4.3 Memberships & the ElevateHER App

• Auto‑Renewing Subscription. Memberships and in‑app subscriptions auto‑renew until canceled. By subscribing, you authorize us (or the app store) to charge your payment method on a recurring basis.

• Free Trials. If offered, trials convert to a paid subscription unless canceled before the trial ends. One trial per person unless stated otherwise.

• How to Cancel. If you subscribed through Apple App Store or Google Play, you must cancel in the respective store. If you purchased on our website, cancel in your account portal or by contacting us. Cancellations take effect at the end of the current billing period; no pro‑rated refunds.

• Payment Plans. If you enroll in an installment plan, you agree to complete all payments. Missed payments may result in suspension of access and collections activity for outstanding balances.

4.4 Promotions & Credits

Coupons, discounts, and credits are subject to their terms and may be changed or discontinued at any time. Unless prohibited by law, promotions are non‑transferable and not redeemable for cash.

5) Community Standards (Maniscripting Community)

To keep our spaces supportive and safe, you agree to our Community Guidelines, including: be respectful; no harassment, discrimination, or hate speech; no spam or solicitations; maintain confidentiality of private community content; share lived experiences responsibly; and follow moderator instructions. We may remove content or suspend/terminate access for violations.

6) Intellectual Property & License

The Services, including all content (courses, videos, meditations, text, graphics, logos, trademarks, audio, and software), are owned by us or our licensors and protected by IP laws. We grant you a limited, non‑exclusive, non‑transferable license to access and use the Services for personal, non‑commercial purposes. You may not copy, reproduce, modify, distribute, create derivative works, publicly display, or exploit any content without our prior written consent.

7) User Content & Testimonials

If you submit, post, upload, or otherwise provide content (e.g., posts, comments, stories, reviews, testimonials, audio, video, photos), you grant us a worldwide, royalty‑free, sublicensable, transferable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, publicly perform and display that content, including your name, image, likeness, voice, and social handle, in any media for any lawful purpose, including marketing, with or without attribution. You represent that you own or have necessary rights to your content and that it does not infringe any third‑party rights or violate law.

8) Wellness, Coaching, Medical & Financial Disclaimers

Our content is educational and informational only. We are not medical, legal, tax, investment, or mental‑health providers, and we do not provide professional advice.

• Health. Practices like meditation, breathwork, tapping (EFT), mindset, and movement can be supportive but are not a substitute for professional medical care. Always consult a qualified healthcare provider regarding any medical condition or before making health decisions. Do not disregard medical advice because of content you encounter through the Services.

• Financial. We do not provide financial, tax, or investment advice. Any money or business results shared are illustrative and not guarantees. Your results depend on many factors outside our control.

• No Guarantees. We do not guarantee outcomes or results. You are solely responsible for your decisions and actions.

9) Acceptable Use

You agree not to: (a) misuse the Services; (b) reverse engineer or circumvent security; (c) upload malware; (d) infringe IP or privacy rights; (e) engage in unlawful, deceptive, or harmful activities; (f) collect or harvest data without consent; (g) use the Services to provide competing offerings; or (h) violate any applicable law or regulation.

10) Third‑Party Services & Links

We may link to, or integrate with, third‑party services (e.g., app stores, payment processors, social networks). We do not control and are not responsible for third‑party content or practices. Your use of third‑party services is governed by their terms.

11) Disclaimers; Limitation of Liability

The Services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. To the maximum extent permitted by law, in no event shall we be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising from or related to your use of the Services, even if advised of the possibility. Our total liability for any claim shall not exceed the amount you paid to us for the Service at issue in the three (3) months preceding the claim.

12) Indemnification

You agree to defend, indemnify, and hold harmless the Company and our officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your content; (c) your violation of these Terms; or (d) your violation of law or third‑party rights.

13) Termination

We may suspend or terminate your access at any time, with or without notice, for any reason, including if we believe you violated these Terms. Upon termination, your rights to use the Services cease immediately. Sections that by their nature should survive termination shall survive.

14) Changes to the Services or Terms

We may modify the Services and these Terms at any time. Changes are effective when posted. Your continued use after changes means you accept the updated Terms.

15) Electronic Communications & E‑Sign Consent

By creating an account, making a purchase, or using the Services, you consent to receive communications from us electronically (e.g., email, in‑app messages, and SMS/MMS where you opt in). You agree electronic records satisfy legal requirements for written communications and signatures to the maximum extent permitted by law.

16) Governing Law; Dispute Resolution; Class Action Waiver

16.1 Governing Law & Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules. Subject to the arbitration provision below, the exclusive venue for disputes not subject to arbitration is the state or federal courts located in Travis County, Texas and you consent to personal jurisdiction there.

16.2 Binding Arbitration

You and we agree to resolve any dispute, claim, or controversy arising out of or relating to the Agreements or the Services by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Jury trial and class actions are waived.

Opt‑Out. You may opt out of arbitration by emailing [insert contact email] within 30 days of first acceptance of these Terms, with the subject line “Arbitration Opt‑Out” and your full name, account email, and statement of opt‑out.

16.3 Class Action Waiver

You may bring claims only in your individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

17) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, supply chain issues, war, terrorism, epidemic, pandemic, government actions, power outages, or internet failures.

18) Miscellaneous

These Terms (together with the Agreements) constitute the entire agreement between you and us. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them.

Mobile Messaging (SMS/MMS) Terms & Consent

These Mobile Messaging Terms (the "Messaging Terms") govern your participation in any SMS/MMS program operated by the Company (the "Messaging Program"). By opting in to receive text messages from us—through a website form, checkout, keyword, QR code, or other method—you agree to these Messaging Terms.

1) Consent & Program Description

By opting in, you authorize us to send you recurring automated and non‑automated text messages (SMS and MMS) to the mobile number you provided. Messages may include marketing (promotions, product launches, cart reminders), transactional messages (order updates, shipping notifications), and service or community updates. Consent is not a condition of purchase.

2) Message Frequency

Message frequency varies. We may send messages more frequently during promotions, launches, or live events.

3) Cost & Carriers

Message and data rates may apply. Messages are available on participating U.S. carriers. Carriers are not liable for delayed or undelivered messages.

4) How to Opt Out

Text STOP to cancel at any time. After you send STOP, you may receive one final message confirming your opt‑out. You may also request removal by contacting [email protected].

5) Help & Support

Text HELP for help. You may also email [email protected]. We do not charge for support, but your carrier’s message and data rates may apply.

6) Data & Privacy

We collect and process your phone number, message content, delivery and engagement data, and related technical information to operate the Messaging Program in accordance with our Privacy Policy. We may share this information with vendors who help us deliver messages. Do not send sensitive information by text.

7) Eligibility & Mobile Number Ownership

You represent that you are the owner or authorized user of the mobile number you provide and that you will promptly notify us if you change or deactivate your number.

8) TCPA/CTIA Compliance

We operate the Messaging Program in accordance with applicable law, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. However, message delivery is not guaranteed and may be affected by carrier issues or your device settings.

9) Program Changes & Termination

We may modify or terminate the Messaging Program or these Messaging Terms at any time, with or without notice. Your continued participation after changes means you accept the updated Messaging Terms.

10) Dispute Resolution

Disputes arising from or relating to the Messaging Program are subject to the Governing Law; Dispute Resolution; Class Action Waiver section of the Terms above.

Contact

Questions about these Terms or the Messaging Program? Email [email protected] or write to Maniscripting LLC 202 Walton Way Ste. 192, #736 Cedar Park, TX 78613.