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TERMS AND CONDITIONS FOR WWW.THENAIPROJECT.COM

 

Effective Date: October 26, 2025

 

Section 1: Introduction and Acceptance of Terms

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Welcome to www.thenaiproject.com (the "Website"), owned and operated by The Nai Project ("Company," "we," "us," “our").

 

These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "your"), and the Company, concerning your access to and use of the Website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto. The Website offers for sale digital products, including but not limited to downloadable guides, templates, and other digital content (collectively, the "Digital Products”).

 

BY ACCESSING, BROWSING, OR MAKING A PURCHASE ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Section 2: Intellectual Property Rights and Grant of License

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  1. Ownership of Content and Digital Products. All content included on or comprising the Website, including but not limited to all text, graphics, logos, images, audio clips, video, data, music, software, and the compilation thereof, and all Digital Products sold on the Website, are the exclusive property of The Nai Project or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Nai Project name and logo are trademarks of the Company, and may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.   

  2. Grant of Limited License. When you purchase a Digital Product from the Website, you are not acquiring ownership of the Digital Product or any of its underlying intellectual property. Instead, you are purchasing and the Company grants you one (1) limited, non-exclusive, non-transferable, revocable license to access, download, and use the purchased Digital Product for your personal, non-commercial use only, subject to the restrictions set forth in these Terms.   

  3. License Restrictions. The license granted herein is strictly conditioned on your compliance with these Terms. You are expressly prohibited from: a. Reselling, redistributing, sharing, or otherwise transferring the Digital Product or your license to any other person or entity. b. Modifying, translating, adapting, creating derivative works from, or otherwise altering the Digital Product. c. Using the Digital Product for any commercial purpose, including but not limited to incorporating it into a product or service you offer for sale. d. Publicly performing, displaying, or broadcasting the Digital Product. e. Removing, altering, or obscuring any copyright, trademark, or other proprietary notices contained within the Digital Product.

  4. Disclosure Regarding Nature of Purchase (California AB 2426 Compliance). Pursuant to California law, you are hereby notified that the purchase of a Digital Product from this Website constitutes the acquisition of a license to access the content. This transaction does not confer an unrestricted ownership interest in the Digital Product. Access to the Digital Product may be unilaterally revoked by the Company if you violate these Terms or if the Company no longer holds the necessary rights to the content.

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Section 3: User Obligations and Acceptable Use

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  1. User Representations. By using the Website, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms and Conditions; (d) you are at least 18 years of age; and (e) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise.   

  2. Account Security. If you create an account on the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.   

  3. Prohibited Conduct. You may not access or use the Website or the Digital Products for any purpose other than that for which we make them available. As a user of the Website, you agree not to: a. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. b. Engage in any unauthorized use of the Digital Products, including any use in violation of the license granted in Section 2. c. Violate any applicable national, federal, state, or local law, statute, ordinance, or regulation. d. Engage in, upload, or transmit any activity that infringes upon the intellectual property rights of the Company or any third party. e. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website. f. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website or the Digital Products.   

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Section 4: Digital Product Purchases and Payment

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  1. Pricing. All prices for Digital Products are listed in U.S. Dollars ($USD). We reserve the right to change prices for products displayed on the Website at any time and to correct pricing errors that may inadvertently occur. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.   

  2. Payment. We accept the following forms of payment: [List accepted payment methods, e.g., Visa, Mastercard, American Express, PayPal]. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. By submitting payment information, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction.   

  3. Third-Party Payment Processing. All payments are processed through a third-party payment processor. You agree that your use of the third-party payment processor is subject to their terms of service and privacy policy. The Company is not responsible for any errors by the payment processor.

  4. Order Acceptance and Cancellation. We reserve the right to refuse or cancel any order you place with us for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to refuse or cancel any order if we suspect fraud, unauthorized, or illegal transaction.   

 

Section 5: Refund Policy: All Sales Are Final

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REFUND POLICY: ALL SALES OF DIGITAL PRODUCTS ARE FINAL

  1. General Policy. Due to the immediate, irrevocable, and digital nature of the products sold on the Website, all sales are final. The Company does not offer refunds, returns, or exchanges for any Digital Products purchased through the Website. By completing your purchase, you explicitly acknowledge, agree to, and accept this no-refund policy.   

  2. Acknowledgment at Point of Purchase. You understand and agree that upon completing your purchase and the Digital Product being made available to you (e.g., via download link), the transaction is complete and non-refundable. You waive any rights to a refund or a "cooling-off period" that may be applicable under consumer protection laws to the fullest extent permitted by law.

  3. Exception for Defective Files. The Company's sole and exclusive obligation, and your sole and exclusive remedy, in the event that a purchased Digital Product file is determined by the Company to be technically defective or corrupted, shall be the replacement of the defective file. To be eligible for a replacement, you must contact us at within seven (7) days of your purchase and provide sufficient evidence of the defect. No refunds will be issued under any circumstances, including for defective files.   

 

Section 6: Privacy and Data Protection

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  1. Incorporation of Privacy Policy. The Company's collection, use, and disclosure of your personal information is governed by our Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions in its entirety. You can access our Privacy Policy here: https://www.thenaiproject.com/privacypolicy.

  2. User Acknowledgment. By agreeing to these Terms and Conditions, you acknowledge that you have read, understood, and agree to the data practices described in our Privacy Policy.

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Section 7: Term and Termination of Use

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  1. Termination by Company. The Company reserves the right, in its sole discretion and without notice or liability, to terminate or suspend your account, revoke any and all licenses granted herein, and/or block your future access to the Website for any reason or no reason, including without limitation for any breach of these Terms and Conditions.   

  2. Effect of Termination. Upon termination of your rights under these Terms, your right to access and use the Website and any licenses granted to you for Digital Products will immediately cease.

  3. Survival. The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 2), disclaimers (Section 8), limitation of liability (Section 8), indemnification (Section 9), and dispute resolution provisions (Section 10).

 

Section 8: Disclaimers and Limitation of Liability

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  1. WARRANTY DISCLAIMER. THE WEBSITE AND ALL DIGITAL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE OR DIGITAL PRODUCTS WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.   

  2. NO GUARANTEE OF RESULTS. THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT ANY SPECIFIC OUTCOME OR RESULT FROM THE USE OF THE DIGITAL PRODUCTS. ANY STATEMENTS, TESTIMONIALS, OR EXAMPLES ON THE WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF RESULTS. YOUR SUCCESS DEPENDS ON MANY FACTORS, INCLUDING YOUR OWN EFFORT, SKILLS, AND CIRCUMSTANCES.

  3. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY DIGITAL PRODUCT.   

  4. LIABILITY CAP. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY DIGITAL PRODUCT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR THE SPECIFIC DIGITAL PRODUCT(S) GIVING RISE TO THE CLAIM IN THE PRECEDING SIX (6) MONTHS.

 

Section 9: Indemnification

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You agree to defend, indemnify, and hold harmless The Nai Project and its subsidiaries, affiliates, officers, directors, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website and Digital Products; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the Website or Digital Products caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.   

 

Section 10: Dispute Resolution and Governing Law

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  1. Governing Law. These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.   

  2. Binding Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  3. Waiver of Right to Sue and Jury Trial. YOU AND THE COMPANY ACKNOWLEDGE AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO SUE IN A COURT OF LAW. YOU AGREE THAT ANY AND ALL DISPUTES, AS DESCRIBED ABOVE, WILL BE RESOLVED SOLELY THROUGH BINDING ARBITRATION AS SET FORTH IN THIS SECTION. You understand that by agreeing to this waiver, you are giving up certain legal rights, including the right to have a dispute decided in a court of law before a judge or jury. This waiver does not prevent you from bringing a claim for injuries resulting from gross negligence, recklessness, intentional torts, or illegal acts.   

  4. CLASS ACTION WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

  5. Arbitration Opt-Out. You may opt out of the binding arbitration and class action waiver provisions in this section by sending a written notice via email to [Insert Opt-Out Email Address] within thirty (30) days of the date you first use the Website. The notice must include your full name, email address, and a clear statement that you wish to opt out of arbitration.

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Section 11: Notices for California Residents

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  1. California Consumer Rights. If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we have collected about you, the right to delete your personal information, the right to correct inaccurate personal information, and the right to opt-out of the "sale" or "sharing" of your personal information. For a full description of your rights and instructions on how to exercise them, please review our Privacy Policy.   

  2. ”Shine the Light" Law. Under California Civil Code Section 1798.83, California residents are entitled to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

  3. Complaint Assistance. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

 

Section 12: General Provisions

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  1. Entire Agreement. These Terms and Conditions, together with the Privacy Policy incorporated herein by reference, constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.   

  2. Severability. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties.   

  3. No Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

  4. Changes to Terms. We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.   

  5. Contact Information. If you have any questions about these Terms and Conditions, please contact us at: The Nai Project at nai@thenaiproject.com

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