Please read carefully these Terms of Service and Terms and Conditions ("Terms") prior to using any services or purchasing from Kaizen Code LLC, a limited liability company, doing business as North Star Digital ("Company"). These Terms govern: (1) your participation in the North Star Digital Free Text Club and your use of www.northstardigital.app, and (2) your purchase of any digital products from the Company.
By opting in to the Text Club and/or completing a purchase, you ("User" or "Purchaser") agree to be bound by these Terms. If you do not agree, please do not subscribe or purchase. Company reserves the right to update, change, or replace any part of these Terms at any time by posting updates to our website. It is your responsibility to check this page periodically for changes.
The North Star Digital Free Text Club is a recurring SMS marketing program that delivers the following content to your mobile device:
Messages are sent via automated technology from a toll-free number. Message frequency may vary — up to 8 messages per month. Standard message and data rates may apply depending on your carrier and plan.
You must be at least 13 years of age to subscribe to our text club. By subscribing, you represent and warrant that you are the authorized user of the mobile number provided and have the legal capacity to agree to these Terms.
By checking the consent box on our opt-in form and submitting your information, you expressly consent to receive recurring automated marketing text messages from North Star Digital at the mobile number you provided.
You may cancel your subscription at any time by replying STOP to any message. After texting STOP, you will receive one final confirmation message and no further marketing messages will be sent.
You may also opt out by emailing [email protected]. Please allow up to 10 business days to process opt-out requests submitted by email.
For help with our text club, reply HELP to any message you receive, or contact us at [email protected]. We will respond within 2 business days.
By using this Service, you agree not to:
All content delivered through the North Star Digital text club and website — including text, graphics, logos, images, and digital products — is the property of North Star Digital and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, NORTH STAR DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR TEXT CLUB MATTERS SHALL NOT EXCEED $100.
These Terms shall be governed by and construed in accordance with the laws of the United States, including the Telephone Consumer Protection Act (TCPA), without regard to its conflict of law provisions.
Digital Products. Company agrees to provide certain digital products ("Products") to Purchaser as described on the checkout page. Products may include, but are not limited to, digital downloads, PDF guides, prompt packs, workflow templates, eBooks, and related digital content. Products are not a membership or subscription unless otherwise specified. Company reserves the right to refuse service to anyone at any time.
Delivery. Upon successful payment, Purchaser will receive access to the purchased Product(s) digitally via email or a download link. Delivery is fulfilled automatically upon purchase confirmation. Company is not responsible for delivery failures caused by incorrect email addresses provided by Purchaser.
Product Access. Due to the instant-access, digital nature of all Products, all sales are considered complete and delivered upon purchase.
Fees. In consideration of the Products provided herein, Purchaser agrees to pay Company the amount presented at checkout ("Fee"). The Fee may be paid by credit card or other electronic means accepted at checkout.
Refunds and Cancellations. ALL SALES ARE FINAL. All Products purchased are NON-REFUNDABLE and non-transferable. Due to the digital nature of the Products and the fact that they are accessible immediately upon purchase, Company will not issue refunds or cancellations under any circumstances. By completing a purchase, Purchaser expressly acknowledges and agrees to this no-refund policy.
Credit Card Authorization. Purchaser acknowledges that Company will charge the credit card or payment method provided at the time of purchase. Purchaser agrees not to dispute any charges at any time. In the event that Purchaser inadvertently disputes a charge, Purchaser agrees to immediately cancel or withdraw such dispute. There are no limitations on Company's right to seek payment for any chargebacks or credit card disputes made by Purchaser at any time.
Chargebacks. Any attempt by Purchaser to cancel any credit card payment or file a chargeback ("Chargeback") will be considered a breach of this Agreement. Purchaser understands that any Chargeback may have significant consequences for Company. Company reserves the right to dispute any such Chargeback and pursue Purchaser for the Fee owed, plus all expenses including attorney's fees incurred in responding to the dispute. If Purchaser is successful in any Chargeback, Company will be entitled to two (2) times the amount of the Fee plus expenses as liquidated damages.
Term. This Agreement commences on the Effective Date and continues until terminated as provided below.
Termination for Cause by Company. Company may terminate this Agreement if Purchaser breaches this Agreement and fails to cure such breach within 7 calendar days following written notice from Company.
Effect of Termination. Termination of this Agreement shall have no effect on any Fees due. The Fee is deemed earned as of the Effective Date, regardless of any subsequent termination.
Ownership. All Products, content, and materials provided by Company are the sole and exclusive property of Kaizen Code LLC dba North Star Digital and are protected by applicable intellectual property laws.
License. Upon purchase, Purchaser is granted a limited, non-exclusive, non-transferable, personal license to use the Product for personal or internal business use only.
Restrictions. Purchaser may not:
Confidential Information. Purchaser agrees not to use or disclose to any third party, directly or indirectly, any proprietary methods, processes, or content included in the Products.
Warranty Disclaimer. THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT AND ASSUMES NO LIABILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES.
No Guarantees. COMPANY HAS NOT MADE ANY GUARANTEES ABOUT THE RESULTS OF USING ANY PRODUCT. COMPANY PROVIDES EDUCATIONAL AND INFORMATIONAL RESOURCES INTENDED TO HELP PURCHASER. PURCHASER RECOGNIZES THAT ULTIMATE SUCCESS OR FAILURE WILL BE THE RESULT OF PURCHASER'S OWN EFFORTS AND PARTICULAR SITUATION. PRIOR RESULTS OF OTHER CUSTOMERS DO NOT GUARANTEE A SIMILAR OUTCOME.
Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS MANAGERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. PURCHASER AGREES THAT THE MAXIMUM TOTAL LIABILITY OF COMPANY FOR ANY CLAIM SHALL NOT EXCEED THE ACTUAL FEE PAID BY PURCHASER TO COMPANY.
Purchaser agrees to defend, indemnify, and hold harmless Kaizen Code LLC dba North Star Digital, its managers, members, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from Purchaser's breach of this Agreement or misuse of any Product.
Governing Law. This Agreement shall be governed by the laws of the state in which Kaizen Code LLC is registered, without regard to conflict of law principles.
Dispute Process. If either Party has a dispute, the Parties agree to first attempt to resolve the matter by sending written notice to the other Party detailing the dispute and cooperating in good faith. If unresolved, the Parties agree to submit to mediation before filing any lawsuit.
Notice. Any notice or communication required under this Agreement shall be delivered by email to: [email protected] (or Company's then-current support email).
Effective Date. The Effective Date is the date you opt in to the Text Club and/or complete a purchase.
Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements relating to the subject matter hereof.
Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Waiver. No waiver of any term or provision shall be construed as a continuing waiver of that term or provision.
Amendment. Company may update these Terms at any time by posting the revised version. Continued use of any Company service or product constitutes acceptance of any updated Terms.
Force Majeure. Neither Party shall be liable for failure to perform due to causes beyond their reasonable control, including acts of God, natural disasters, war, government action, or pandemic.
Non-Disparagement. Each Party agrees to refrain from making any public or private statement about the other Party that would be injurious to that Party's business or reputation.