Terms Of Use For Online Retail

SUBSCRIPTION SERVICE AGREEMENT

Effective Date: March 11, 2025

This Subscription Service Agreement ("Agreement") is entered into by and between you, the user ("Subscriber" or "You"), and Kewl Wind, LLC ("Company," "We," "Us," or "Our"), a limited liability company with a primary virtual business address at 1580 N Logan St Ste 660 PMB 471828 Denver, Colorado 80203-1994. By subscribing to our services and using our website at kewlwind.com ("Website"), you agree to be bound by the terms and conditions set forth in this Agreement.

1. Service Description
Kewl Wind, LLC provides instructions and materials for building your own 2D and 3D mobile game, as further detailed on our Website. These services are provided through two separate subscription plans:

• 2D Subscription (Beginner Plan): This plan provides access to instructions and resources for building 2D mobile games and costs $10 per month for 6 months.

• 3D Subscription (Advanced Plan): This plan provides access to instructions and resources for building 3D mobile games and costs $12 per month for 6 months.

2. Subscription Terms

• The 2D and 3D subscription plans are based on a 6-month term. Payment is required in advance, and the subscription will auto-renew at the end of each term unless cancelled by you prior to the renewal date.

• No Refunds: All subscription fees are non-refundable. By subscribing, you acknowledge that you are committing to the full 6-month term and that no refunds will be issued under any circumstances, including for early termination, technical issues, or dissatisfaction with the service.

3. Payment and Billing
By subscribing, you authorize Kewl Wind, LLC to charge your payment method for the agreed subscription fee each month for the duration of the subscription term. The payment will be automatically charged to the account on file at the start of each billing cycle, unless you cancel the subscription prior to the next renewal date. If payment cannot be processed, access to the services will be suspended until payment is received.

4. Subscription Use

• License Grant: By subscribing, Kewl Wind, LLC grants you a non-exclusive, non-transferable license to access and use the materials and instructions provided through the subscription for personal, non-commercial purposes.

• Access to Services: You agree to use the service solely for your personal learning and development, and not for resale or commercial exploitation. Unauthorized sharing, distribution, or modification of the content is prohibited.

5. Termination
You may cancel your subscription at any time, but you are still responsible for payment of the full 6-month term. Upon cancellation, you will lose access to the subscription materials at the end of the billing period.

We reserve the right to suspend or terminate your access to the services in the event of a violation of the terms of this Agreement, including failure to make payments, misuse of the service, or fraudulent activity.

6. No Warranty, Limitation of Liability
Kewl Wind, LLC does not warrant the accuracy, reliability, or completeness of the instructional materials provided, and we make no guarantees regarding the success of the games built using our services.
You acknowledge and agree that your use of the service is at your own risk, and we are not liable for any damages, including indirect, incidental, or consequential damages arising out of the use of or inability to use the service.

7. Legal Agreement and Consent
By using the services offered on our Website, you confirm that you fully understand and agree to the terms of this Agreement. You further acknowledge that this Agreement constitutes a legally binding contract between you and Kewl Wind, LLC. By continuing to use the service, you consent to abide by the terms and conditions set forth herein.

8. Privacy and Data Use
Your use of the services is subject to our Privacy Policy, which is incorporated into this Agreement by reference. You agree that we may collect and use your data as described in the Privacy Policy.

9. Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration, and you agree to waive any right to participate in a class action lawsuit.

10. Entire Agreement
This Agreement constitutes the entire agreement between you and Kewl Wind, LLC regarding the subscription service and supersedes all prior or contemporaneous agreements, representations, and understandings related to the service.

By subscribing and using our Website, you affirm that you have read, understood, and agree to the terms of this Subscription Service Agreement.

For any questions or concerns, please contact us at:

Kewl Wind, LLC
Email: kewlwind1@gmail.com
Phone: (505) 236-7888

Effective Date: March 11, 2025