Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your") and Auny LLC, a New York limited liability company that operates aunysillyme.com and the AunySillyMe brand ("Company," "we," "us," or "our"), governing your access to and use of the website at aunysillyme.com and any services, consultations, or digital products offered by the Company (collectively, the "Services"). By accessing the Services, booking a consultation, or purchasing a product, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Eligibility

You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Services and Digital Products

The Company offers (a) one-on-one consulting and strategy sessions and (b) digital products such as templates, guides, and downloadable resources. Descriptions of the Services are provided on the Site and may be modified at the Company's discretion.

4. Payment and Pricing

All fees are stated in U.S. dollars and are processed through our third-party payment processor (Stripe). Payment in full is required before a consultation is confirmed or a digital product is delivered. You are responsible for any applicable taxes. The Company may change pricing at any time, but changes will not affect transactions already completed.

5. Scheduling, Cancellations, and Refunds

Consultations are scheduled through Calendly following checkout. Cancellations, rescheduling, and refunds are governed by the Company's Refund Policy, which is incorporated into these Terms by reference.

6. No Guarantee; Educational Purpose

The Services provide strategy, guidance, and education based on the Company's experience and are provided for informational purposes only. The Company does not guarantee any specific result, including growth in audience, revenue, or other metrics. Outcomes depend on factors outside the Company's control, including your own efforts and circumstances.

7. Intellectual Property

All content provided through the Services, including consultations, digital products, text, graphics, and materials on the Site, is owned by the Company or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to use purchased materials for your own personal or internal business purposes. You may not resell, redistribute, sublicense, reproduce, or create derivative works from the materials without the Company's prior written consent.

8. User Conduct

You agree not to use the Services for any unlawful purpose, to infringe the rights of others, or to interfere with or disrupt the Services.

9. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless the Company and its members, officers, and agents from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Services.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in or remotely from Nassau County, New York. The arbitrator's decision is final and may be entered as a judgment in any court of competent jurisdiction.

You and the Company each agree to bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; the arbitrator may not consolidate more than one person's claims. Either party may still bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information. If this class-action waiver is found unenforceable, the remainder of this section shall be void and the dispute shall proceed in the state or federal courts located in Nassau County, New York.

13. Changes to These Terms

The Company may modify these Terms at any time. The "Last updated" date reflects the most recent revision. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

14. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company. The Company's failure to enforce any provision is not a waiver of that provision.

Assignment. The Company may assign or transfer these Terms, in whole or in part, without restriction. You may not assign these Terms without the Company's prior written consent.

Force Majeure. The Company is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, outages, or third-party service interruptions.

Electronic Communications. You consent to receive communications from the Company electronically, and you agree that electronic agreements, notices, and records satisfy any legal requirement that such communications be in writing.

15. Contact

Auny LLC
PO Box 2051, New Hyde Park, NY 11040
[email protected]