1) Acceptance of Terms
These Terms & Conditions (“Terms”) govern your access to and use of the websites, pages, and content operated by or on behalf of Smart Selling Academy, including fixingyourmarketing.com
and any related subpages (collectively, the “Site”), as well as the products and services offered through the Site (collectively, the “Service”). By accessing the Site or using the Service, you agree to be bound by these Terms and all policies referenced herein. If you do not agree, do not use the Service.
We may update these Terms from time to time. Material changes will be effective upon posting to the Site with an updated “Last updated” date. Your continued use constitutes acceptance of the revised Terms.
2) Definitions
- “We,” “us,” “our” means Smart Selling Academy.
- “You,” “your,” “user,” “member” means any person or entity that accesses the Site or uses the Service.
- “Content” means any materials we provide (e.g., videos, PDFs, text, templates, scripts, audio, live sessions, recordings) and any materials you submit to us.
- “Membership” means a recurring subscription plan that grants access to specified Content and features for the paid term.
3) Eligibility & Accounts
- You must be at least 18 years old (or the age of majority in your place of residence) to use the Service.
- You agree to provide accurate, complete information and keep it current.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
- We may suspend or terminate accounts that violate these Terms or applicable law. See §15.
4) Nature of the Service (Education Only)
The Service provides professional training and educational resources focused on sales skills (e.g., communication, prospecting, offer positioning, objection handling). We do not provide financial, legal, or investment advice. We do not sell or facilitate prohibited categories (e.g., adult content, gambling, cryptocurrency/investment products, money transmission, lending/credit repair, or any other category restricted by our payment processors). See §14 for prohibited conduct.
5) Memberships, Billing & Cancellation
5.1 Pricing & Billing
- Unless stated otherwise, the standard membership price is $7 per month, billed in the currency shown at checkout.
- By starting a Membership, you authorize us (via our payment processor) to charge the recurring fee to your chosen payment method every 30 days until you cancel.
- We may change prices or features prospectively. Any change will be announced on the Site or at checkout before it applies to your next billing cycle.
- Applicable taxes may be added based on your billing address and local laws.
5.2 Cancellation (Self-Serve)
- You can cancel anytime from the account/homepage or by contacting [email protected]. We recommend self-cancellation from your account for the fastest processing.
- When you cancel, access ends immediately, and no further charges will occur. You will not receive a prorated refund for the remaining period in your current billing cycle. See §6.
- You are responsible for cancelling before the next renewal date to avoid future charges.
5.3 Free Trials & Promotions
- If a free trial or promotion is offered, the terms (length, included features, renewal price) will be clearly disclosed at sign-up and/or checkout.
- At the end of a trial, your plan will renew at the disclosed price unless you cancel before the renewal date.
6) Refunds
- Monthly membership fees are non-refundable.
- One-time purchases (e.g., standalone courses or downloads) may include a specific refund window only if expressly stated on the product page or checkout; otherwise, they are non-refundable.
- If you believe you were charged in error, contact us at [email protected] within 7 days of the charge. We’ll review promptly.
7) Payment Processing
Payments are processed by third-party providers (e.g., Stripe). We do not store complete payment card numbers on our servers. Your use of third-party processors is subject to their terms, privacy policies, and acceptable use rules. We may decline or refund a transaction or suspend access if a payment fails, is disputed, or appears fraudulent.
8) Access License & Use of Content
- Subject to these Terms and your timely payment, we grant you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Content for your own professional development.
- You may not reproduce, redistribute, resell, share, sublicense, or publicly display Content without our prior written consent.
- We may water-mark, track access, or use other controls to prevent unauthorized sharing.
- Live sessions may be recorded; by attending, you grant us permission to record and use such recordings for educational purposes, subject to our Privacy Policy.
9) Educational Purpose; No Earnings Guarantee
Important: The Service is for education and skill development only. We do not promise or guarantee income, sales, or specific business outcomes. Any examples, case studies, or testimonials illustrate concepts and reflect individual experiences. Your results will vary based on your effort, skills, market, offer, and other factors beyond our control.
10) User Conduct & Prohibited Uses
You agree not to:
- Use the Service for unlawful purposes, or to promote or facilitate prohibited categories (e.g., adult content, gambling, investment schemes, crypto sales/exchanges, money transmission, lending/credit repair, multi-level marketing/pyramid schemes, illegal drugs, or other restricted activities imposed by our payment processors or applicable law).
- Harass, threaten, or defame others; post or transmit harmful code; or attempt to gain unauthorized access to the Site or another user’s account.
- Scrape, crawl, reverse engineer, or otherwise copy Content except as allowed under §8.
- Misrepresent your identity, business, or affiliation, or engage in misleading or deceptive practices (including “get-rich-quick” claims).
11) Intellectual Property
- The Site and all Content are owned by us or our licensors and protected by copyright, trademark, and other laws. All rights not expressly granted are reserved.
- You may provide feedback or suggestions; we may use them without restriction or compensation.
12) Third-Party Sites & Tools
The Service may link to or integrate with third-party websites, tools, or platforms. We are not responsible for third-party content, policies, or practices. Your use of third parties is at your own risk and subject to their terms.
13) Privacy
Your use of the Service is also governed by our Privacy Policy (linked in the Site footer). Please review it to understand how we collect, use, and disclose information.
14) Compliance, Sanctions & Export
- We comply with applicable laws and payment-processor rules. We may restrict access if necessary to meet legal or compliance obligations.
- You represent that you are not located in, under the control of, or a national/resident of any country or region subject to comprehensive sanctions, and that you are not a person or entity listed on any applicable sanctions list.
- You agree not to use the Service in violation of export control, sanctions, or anti-money-laundering laws.
15) Suspension & Termination
We may suspend or terminate your access, in whole or in part, if: (a) you breach these Terms; (b) we suspect fraud, misuse, or security risks; (c) required by law or our payment processors; or (d) you fail to pay fees when due. Upon termination, your license to access Content ends immediately. Sections that by their nature should survive (e.g., §§6, 8–11, 14–20) will survive termination.
16) Disclaimers
THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT RESULTS WILL MEET YOUR EXPECTATIONS.
17) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
18) Indemnification
You agree to indemnify and hold harmless Smart Selling Academy, its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or third-party rights.
19) Governing Law & Dispute Resolution
- These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
- The courts located in Montréal, Québec shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue in those courts.
- Before filing a claim, the parties will first attempt to resolve the dispute in good faith by emailing [email protected] with the subject line “Dispute Notice.”
20) Miscellaneous
- Entire Agreement. These Terms (plus any referenced policies) are the entire agreement between you and us regarding the Service.
- Severability. If any provision is found unenforceable, the remaining provisions remain in full force.
- No Waiver. Our failure to enforce any right does not waive it.
- Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
- Electronic Communications. You consent to receive notices and communications electronically.