Terms & Conditions

1. Acceptance of Terms

By accessing, browsing, or using the The Open Window Academy platform ("Platform"), operated by The Open Window Academy LLC ("Company," "we," "us," or "our"), you ("User," "Affiliate," "Member," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), together with our Privacy Policy, Income Disclaimer, Refund Policy, Independent Contractor Agreement, and Acceptable Use Policy, all of which are incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform and not complete any membership purchase or affiliate enrollment.

Mandatory Acceptance: By creating an account, completing a membership purchase, or enrolling in the Affiliate Program, you confirm your acceptance of these Terms via a mandatory checkbox during the sign-up process. This constitutes a legally binding agreement between you and the Company. Electronic acceptance has the same legal force as a handwritten signature.

2. Definitions

• "Affiliate" means any Member who participates in the The Open Window Academy referral and commission program.
• "Commission" means the performance-based compensation earned by Affiliates for qualifying referrals and team performance.
• "Executive" means an Affiliate who has met the qualification requirements for one of the Executive Profit-Share tiers.
• "Leadership Pool" means the designated percentage of Company net profit allocated for distribution among qualified Executives.
• "Member" means any individual who has completed registration and purchased a membership plan.
• "Platform" means the The Open Window Academy website, applications, tools, products, and all associated services.
• "Products" means the digital tools, courses, content, and AI-powered services included in a The Open Window Academy membership.
• "Team" means the collective group of Members and Affiliates within an Affiliate's referral network.

3. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) to use this Platform. By using the Platform, you represent and warrant that:

• You meet the minimum age requirement and have the legal capacity to enter into a binding agreement.
• You are not barred from using the Platform under any applicable law or regulation.
• You will provide accurate, current, and complete information during registration.
• If participating in the Affiliate Program, you are legally permitted to operate as an independent contractor in your jurisdiction.
• You understand and accept the tax obligations associated with earning income as a self-employed individual (see Section 8).

4. Membership & Billing

The Open Window Academy offers membership plans that include a one-time setup fee and a recurring monthly subscription. By selecting a payment plan, you authorize the Company to charge your chosen payment method according to the selected billing schedule.

• Pay In Full: A one-time setup fee plus monthly recurring subscription fee.
• Installment Plans: Setup fee split into equal monthly installments, followed by the monthly recurring subscription fee.

All prices are displayed in USD unless otherwise selected via the currency converter. Currency conversions are approximate and provided for informational purposes only. The actual charge will be processed in USD and converted by your payment provider at their prevailing exchange rate. Cryptocurrency payments are subject to network fees, gas fees, and exchange rate fluctuations, which are the sole responsibility of the Member.

Auto-Deduction Authorization: By selecting any payment plan, you expressly authorize automatic recurring charges to your designated payment method on each billing date. This authorization remains in effect until you cancel your subscription through your account dashboard or by contacting support. You are responsible for ensuring your payment method remains valid and funded.

Failed Payments: If a recurring payment fails, the Company will attempt to process the payment up to three (3) additional times over a 10-day period. If all attempts fail, your membership will be suspended until payment is resolved. Continued non-payment for 30 days will result in account termination.

Price Changes: The Company reserves the right to modify pricing with 30 days' advance notice. Existing Members will be grandfathered at their current rate for the duration of their active, uninterrupted subscription.

5. Refund Policy

Due to the digital nature of our products and services, and because access to all Products is granted immediately upon membership activation, all sales are generally considered final. Please review our complete Refund Policy for detailed terms.

The Company may, at its sole discretion, issue refunds on a case-by-case basis for documented technical issues that prevent access to the Platform. Chargebacks or payment disputes filed without first contacting our support team within 7 business days may result in immediate and permanent account termination, forfeiture of all commissions, and potential collection action for amounts owed.

6. Affiliate Program & Commission Structure

The Open Window Academy offers a performance-based affiliate program ("Affiliate Program") that allows Members to earn commissions by referring new Members to the Platform. Participation in the Affiliate Program is voluntary and subject to the following terms:

6.1 Commission Tiers

Commissions are earned based on qualifying referrals and are paid according to the tier structure published on the Platform. Commission rates range from 20% to 40% depending on the Affiliate's performance tier. The Company reserves the right to modify commission rates, tier requirements, and bonus structures with 30 days' advance notice.

6.2 Commission Payment

• Commissions are calculated on net revenue (after payment processing fees and refunds).
• Minimum payout threshold is $50.00 USD. Commissions below this threshold will roll over to the next payment period.
• Commissions are paid monthly, on or before the 15th of the following month.
• The Company reserves the right to withhold commissions pending investigation of suspected fraud, policy violations, or chargebacks.
• Commissions earned on transactions that are later refunded or charged back will be deducted from future commission payments.

6.3 Prohibited Affiliate Practices

• Making false, misleading, or exaggerated income claims or earnings representations.
• Spamming, unsolicited messaging, or any form of deceptive marketing.
• Purchasing memberships through your own referral link (self-referral).
• Creating fake accounts or using bots to generate referrals.
• Misrepresenting the nature of the business opportunity, products, or compensation plan.
• Making guarantees of income, success, or financial outcomes to prospective Members.
• Violating any applicable FTC guidelines, advertising standards, or consumer protection laws.

Violation of any prohibited practice will result in immediate termination of your Affiliate status, forfeiture of all unpaid commissions, and potential legal action.

6.4 Product-Based Business Model

The Open Window Academy is a product-based membership platform, NOT a pyramid scheme. Commissions are earned exclusively on the sale of legitimate digital products and services to end consumers. No commissions are paid solely for recruiting other Affiliates. Every Member receives genuine products and services regardless of whether they participate in the Affiliate Program. The value of the membership stands on its own merit independent of the compensation plan.

7. Executive Profit-Share Program

Qualified Executives may participate in the Executive Profit-Share Program, which provides additional compensation based on team performance and company profitability.

7.1 Qualification

Executive tiers are earned by developing other Executives within your team and maintaining collective team revenue thresholds for specified consecutive periods. Specific qualification requirements are published on the Platform and may be updated periodically.

7.2 Leadership Pool

The Leadership Pool consists of a designated percentage of the Company's net profit, as determined by the Company in its sole discretion. The current allocation is 10% of net profit, subject to quarterly review and adjustment with 30 days' notice. The Leadership Pool is distributed among qualified Executives based on their tier weight.

7.3 Safety Caps & Limitations

• The Leadership Pool shall never exceed the designated percentage of net profit.
• Combined profit-share payouts (pool + team revenue bonuses) shall not exceed 15% of net profit in any given month. If exceeded, bonuses are prorated proportionally.
• Executives must maintain qualification requirements continuously. Failure to maintain requirements for two (2) consecutive months results in demotion to the previous tier.
• The Company reserves the right to modify, suspend, or terminate the Profit-Share Program at any time with 30 days' advance notice.
• Profit-share distributions are not guaranteed and are contingent upon the Company's profitability.

7.4 No Ownership Interest

Participation in the Executive Profit-Share Program does not confer any ownership interest, equity, partnership, or joint venture rights in the Company. Profit-share distributions are performance-based bonuses, not dividends or equity distributions.

8. Independent Contractor Status & Tax Obligations

IMPORTANT: All Affiliates and Executives are classified as independent contractors, NOT employees of the Company. This classification has significant legal and tax implications. Please review the Independent Contractor Agreement carefully.

8.1 No Employment Relationship

Nothing in these Terms or any related agreement creates an employer-employee relationship, partnership, joint venture, or agency relationship between you and the Company. As an independent contractor, you:

• Are not entitled to employee benefits including health insurance, retirement plans, workers' compensation, unemployment insurance, paid leave, or any other employee benefit.
• Control your own schedule, methods, and means of performing your affiliate activities.
• May engage in other business activities and are not required to work exclusively for The Open Window Academy.
• Are responsible for providing your own equipment, workspace, and resources.

8.2 Tax Responsibility

As a self-employed independent contractor, you are solely responsible for all tax obligations arising from your participation in the Affiliate Program, including but not limited to:

• Federal Income Tax: All commissions, bonuses, and profit-share distributions are taxable income.
• Self-Employment Tax: You are responsible for both the employer and employee portions of Social Security and Medicare taxes (currently 15.3% in the United States).
• State and Local Taxes: You are responsible for any applicable state and local income taxes.
• Quarterly Estimated Tax Payments: You may be required to make quarterly estimated tax payments to the IRS and your state tax authority.
• International Tax Obligations: If you reside outside the United States, you are responsible for complying with all tax laws in your jurisdiction.

8.3 IRS Form 1099 Reporting

The Company will issue IRS Form 1099-NEC to any U.S.-based Affiliate who earns $600 or more in commissions, bonuses, or profit-share distributions during a calendar year. You are required to provide accurate taxpayer identification information (W-9) upon request. Failure to provide a valid W-9 may result in backup withholding at the applicable rate and/or suspension of commission payments.

8.4 Business Registration

Depending on your jurisdiction, you may need to register as a sole proprietor, obtain a business license, or form a business entity (LLC, etc.) to legally operate as an Affiliate. The Company strongly recommends consulting with a qualified tax professional or attorney regarding your specific obligations. The Company is not responsible for advising you on tax, legal, or business registration matters.

9. Content & Intellectual Property

All content on the Platform — including but not limited to text, graphics, logos, images, audio, video, software, AI-generated content, training materials, course content, product interfaces, and proprietary algorithms — is the property of The Open Window Academy LLC or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws.

Fiction Disclaimer: Certain content on this Platform, including but not limited to the Drama Hook division, is fiction-based. Even when inspired by true events, names, characters, businesses, places, events, and incidents are either the products of creative imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events is purely coincidental. Names and settings may have been altered for protection.

License Grant: Upon maintaining an active membership, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Products for your personal and business use. This license terminates immediately upon cancellation or termination of your membership.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Platform without prior written consent. Unauthorized use may result in civil and criminal penalties.

10. Rewards, Incentive Trips & Events

The Company may offer rewards, incentive trips (including but not limited to the Cruise 2028 program), recognition events, and other incentives to qualifying Members and Affiliates. These programs are subject to the following terms:

• All rewards and incentive programs are discretionary and may be modified, suspended, or cancelled at any time at the Company's sole discretion.
• Qualification requirements, destinations, dates, and details are subject to change.
• Rewards and incentive trips have no cash value and are non-transferable unless expressly stated otherwise.
• The tax implications of receiving rewards or incentive trips are the sole responsibility of the recipient. The Company will report the fair market value of non-cash rewards as required by applicable tax law.
• Participants are responsible for their own travel documents (passports, visas), travel insurance, and any personal expenses not explicitly covered by the program.
• The Company is not liable for any injury, loss, or damage occurring during incentive trips or events.

11. Cryptocurrency Provisions

The Platform may accept cryptocurrency payments and display prices in various cryptocurrencies. By using cryptocurrency features, you acknowledge and agree:

• Cryptocurrency values are highly volatile. The Company is not responsible for losses due to exchange rate fluctuations between the time of display and the time of transaction.
• Cryptocurrency transactions are irreversible. The Company cannot process refunds for cryptocurrency payments once confirmed on the blockchain.
• You are solely responsible for ensuring the accuracy of wallet addresses and transaction details.
• Network fees (gas fees, miner fees) are your responsibility and are not included in displayed prices.
• The Company does not provide cryptocurrency investment advice and makes no representations regarding the future value of any cryptocurrency.
• You are responsible for complying with all applicable cryptocurrency regulations in your jurisdiction.

12. User Conduct & Acceptable Use

You agree to comply with our Acceptable Use Policy and not to use the Platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Platform. The Company explicitly does not condone violence, hatred, discrimination, or harmful acts of any kind.

13. Technical Issues & Service Availability

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee uninterrupted, error-free, or secure access to the Platform. Technical issues, including but not limited to audio malfunctions, video buffering, server downtime, AI service interruptions, and software bugs, may occur. The Company shall not be liable for any loss or damage arising from technical issues, service interruptions, or data loss.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Platform.
• Any conduct or content of any third party on the Platform.
• Any content obtained from the Platform.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any loss of income, commissions, or business opportunities.
• Cryptocurrency value fluctuations or transaction failures.
• Actions or omissions of other Affiliates or Members.

IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000.00 USD).

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Platform or participation in the Affiliate Program.
• Your violation of these Terms or any related agreement.
• Your violation of any rights of a third party.
• Any income claims, representations, or marketing materials you create or distribute.
• Your failure to comply with applicable tax laws or regulations.
• Any claims arising from your activities as an independent contractor.

16. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact the Company at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

16.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Affiliate Program that cannot be resolved informally shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Pierce County, Washington, or at a location mutually agreed upon.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

16.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

17. Termination

The Company reserves the right to suspend or terminate your account, membership, and/or Affiliate status at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms or any related agreement.
• Fraudulent activity or suspected fraud.
• Making false income claims or misleading representations.
• Non-payment of membership fees for 30 or more days.
• Filing a chargeback without first contacting support.
• Any conduct deemed harmful to the Company, its Members, or its reputation.

Upon termination: (a) your right to use the Platform ceases immediately; (b) any unpaid commissions below the minimum payout threshold are forfeited; (c) commissions above the minimum threshold that have been earned and verified will be paid within 60 days; (d) your referral network remains intact but you will no longer earn commissions from it.

18. Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws, regulations, and guidelines in connection with your use of the Platform and participation in the Affiliate Program, including but not limited to:

• FTC Act (15 U.S.C. § 41 et seq.): All marketing materials, testimonials, and income representations must comply with FTC guidelines on endorsements and advertising.
• CAN-SPAM Act: All email marketing must comply with anti-spam regulations.
• State MLM/Business Opportunity Laws: You are responsible for complying with any state-specific registration, disclosure, or licensing requirements for multi-level marketing or business opportunity programs in your jurisdiction.
• GDPR/CCPA: If applicable, you must comply with data protection regulations when handling personal information of prospects or team members.
• Tax Laws: You must comply with all applicable tax reporting and payment obligations.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

20. Entire Agreement

These Terms, together with the Privacy Policy, Income Disclaimer, Independent Contractor Agreement, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between you and the Company regarding the subject matter herein and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

21. Modifications

The Company reserves the right to modify these Terms at any time. Material changes will be communicated via email to registered Members and/or posted prominently on the Platform at least 30 days before taking effect. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date.

22. Contact Information

For questions or concerns regarding these Terms, please contact us at: