TERMS & CONDITIONS (TERMS OF SERVICE) – EBOOK DOWNLOAD SHOP (US)
Last Updated: [Month Day, Year]
These Terms & Conditions (“Terms”) govern your access to and use of the website located at [your domain] (the “Site”), and the purchase and download of digital products, including eBooks and related digital content (collectively, “Digital Products”), offered by [Legal Company Name] (“Company,” “we,” “us,” or “our”). By accessing the Site, creating an account, or purchasing any Digital Products, you agree to be bound by these Terms.
If you do not agree, do not use the Site or purchase Digital Products.
1. ELIGIBILITY; ACCOUNTS
- Account Registration. You may be required to create an account. You agree to provide accurate information and keep it updated.
- Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at [support email] of any unauthorized use.
2. DIGITAL PRODUCTS; DELIVERY; TECHNICAL REQUIREMENTS
- Digital Nature. Digital ProductsTopics includes digital products delivered electronically. No physical items are shipped.
- Delivery. After successful payment, Digital Products are made available via download link, account library, or email delivery to the address provided. Availability may be time-limited for security reasons.
- Technical Requirements. You are responsible for ensuring your device, software, and internet connection support the applicable file formats (e.g., PDF, EPUB, MOBI). We do not guarantee compatibility with every device/app.
- No Guarantee of Uninterrupted Access. We may change, suspend, or discontinue any Digital Product, download method, or feature at any time.
- REFUNDS; RETURNS (DIGITAL PRODUCTS)
- Because our products are digital, downloadable content delivered immediately after purchase, all sales are final and non-refundable. We do not offer refunds, returns, or exchanges for any Digital Products once an order is placed, including (without limitation) cases of accidental purchase, change of mind, failure to read product descriptions, or incompatibility with your device/software.
- If you experience a technical issue that prevents access or results in a corrupted file, your sole remedy is that we will use commercially reasonable efforts to provide a working download link or replacement file. This does not entitle you to a refund.
- CHARGEBACKS
- You agree not to file or request a chargeback for a purchase of Digital Products. Unauthorized chargebacks may result in immediate termination of your account and access to purchased Digital Products.
3. LICENSE GRANT; USE RESTRICTIONS (NO RESALE)
- License, Not Sale. Digital Products are licensed, not sold. Subject to your compliance with these Terms and payment in full, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Digital Products for your personal, non-commercial use.
- Restrictions. You may not (and may not allow others to):
- reproduce, distribute, publicly display, perform, or transmit the Digital Products except as permitted by law;
- resell, rent, lease, share, lend, sublicense, assign, or transfer the Digital Products or any download links;
- remove or alter copyright notices, watermarks, DRM, or other rights management information;
- copy, reverse engineer, decompile, disassemble, or attempt to bypass any security/DRM mechanisms (where applicable);
- upload the Digital Products to file-sharing sites, torrent platforms, or public repositories.
- DRM / Watermarking. We may use digital rights management, watermarking, device limits, or download limits to protect our content.
4. PRICES, PAYMENT, TAXES
- Pricing. Prices are shown in [USD] unless stated otherwise and may change without notice.
- Payment Processing. Payments are processed through third-party payment processors ([e.g., Stripe/PayPal]). Your transaction may be subject to the processor’s terms and privacy practices.
- Sales Tax. We may collect sales tax where required by law (including applicable U.S. state and local taxes). You are responsible for any taxes not collected by us.
5. SUBSCRIPTIONS (IF APPLICABLE)
If you offer subscriptions/memberships:
- Billing. Subscriptions renew automatically unless canceled before the renewal date.
- Cancellation. You may cancel at any time via your account settings or by contacting [support email]. Cancellation stops future charges but does not retroactively refund already-billed periods (unless required by law or stated in our Refund Policy).
- Changes. We may change subscription pricing or features with reasonable notice.
(If you do not offer subscriptions, delete this section.)
6. REFUNDS; RETURNS; CHARGEBACKS
Important: Digital Products are generally non-returnable. Because Digital Products are delivered instantly and cannot be “returned,” all sales are final except as described below or as required by law.
- Refund Policy. We may provide a refund or replacement at our discretion in cases such as:
- you were charged multiple times for the same purchase;
- the file is defective/corrupted and we cannot provide a working replacement;
- you did not receive download access due to a technical issue on our side and we cannot resolve it within a reasonable time.
- Request Window. Refund requests must be submitted within [X days, e.g., 7 or 14] of purchase to [support email] with your order number and description of the issue.
- No Refunds For. Refunds are not provided for:
- change of mind;
- inability to use the file due to your device/software incompatibility;
- accidental purchase (unless required by law);
- suspected fraud, abuse, policy violations, or sharing/redistribution of content.
- Chargebacks. Unauthorized chargebacks may result in loss of access to your account and Digital Products. We reserve the right to dispute chargebacks and provide transaction evidence to payment processors.
7. USER CONTENT; REVIEWS; FEEDBACK (IF APPLICABLE)
- User Content. If you post reviews, comments, or other materials (“User Content”), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such User Content in connection with the Site.
- Prohibited Content. User Content must not be unlawful, defamatory, infringing, or misleading.
- Removal. We may remove User Content at any time for any reason.
(If you do not allow reviews/comments, delete this section.)
8. INTELLECTUAL PROPERTY; COPYRIGHT COMPLAINTS (DMCA)
- Ownership. The Site, Digital Products, and all related content (text, graphics, logos, branding, and software) are owned by the Company or its licensors and are protected by U.S. and international intellectual property laws.
- DMCA Notice. If you believe content on the Site infringes your copyright, send a DMCA notice to our designated agent:
- DMCA Agent: [Name/Title]
- Email: [dmca@yourdomain.com]
- Address: [Street, City, State, ZIP, USA]
Your notice must include the information required by the Digital Millennium Copyright Act (DMCA), including identification of the copyrighted work and the allegedly infringing material.
9. PROHIBITED CONDUCT
You agree not to:
- use the Site for illegal or unauthorized purposes;
- attempt to gain unauthorized access to accounts, systems, or networks;
- scrape, crawl, or use automated means to access the Site beyond standard browser use (except where expressly permitted);
- interfere with security, rate limits, or the operation of the Site;
- distribute malware, viruses, or harmful code.
10. DISCLAIMERS
- Site and Products Provided “AS IS.” The Site and Digital Products are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
- No Guarantee of Results. Any educational or informational Digital Products are for general purposes only. We do not guarantee outcomes or results from using the Digital Products.
Some states do not allow limitations on implied warranties, so some of the above may not apply to you.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
- No Indirect Damages. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.
- Liability Cap. Our total liability for any claim relating to the Site or Digital Products will not exceed the amount you paid to us for the Digital Product(s) giving rise to the claim in the [12] months before the event giving rise to liability.
Some states do not allow exclusion or limitation of certain damages; in such states, liability is limited to the maximum extent permitted by law.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your breach of these Terms, your misuse of the Site, or your violation of any law or third-party rights.
13. TERMINATION
We may suspend or terminate your account or access to the Site or Digital Products at any time if we reasonably believe you violated these Terms, engaged in fraud, or shared/redistributed Digital Products unlawfully. Upon termination, the license granted in Section 3 ends.
14. PRIVACY
Your use of the Site is also subject to our Privacy Policy: [link to privacy policy].
15. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER (OPTIONAL BUT COMMON IN US)
PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights.
- Informal Resolution. Before filing a claim, you agree to contact us at [support email] and attempt to resolve the dispute informally.
- Binding Arbitration. If the dispute is not resolved, any claim arising out of or relating to these Terms or your purchase/use of Digital Products will be resolved by binding arbitration administered by [AAA / JAMS] under its applicable rules, rather than in court.
- No Class Actions. You and the Company agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
- Opt-Out. You may opt out of arbitration within [30] days of first accepting these Terms by emailing [support email] with subject line “Arbitration Opt-Out” and your name/order details.
- Exceptions. Either party may seek injunctive relief in court for intellectual property infringement or misuse of Digital Products.
(If you prefer court litigation instead, remove this section and use a “Venue/Jurisdiction” clause in Section 16.)
16. GOVERNING LAW; VENUE
These Terms are governed by the laws of the State of [State, e.g., Delaware or California], without regard to conflict-of-law principles. If arbitration is not applicable, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in [County, State].
17. CHANGES TO THESE TERMS
We may update these Terms from time to time. The “Last Updated” date reflects the latest revision. Material changes may be posted on the Site or sent to the email associated with your account. Continued use of the Site after changes become effective constitutes acceptance of the updated Terms.
18. MISCELLANEOUS
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- No Waiver. Our failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Entire Agreement. These Terms, along with any policies referenced (e.g., Refund Policy, Privacy Policy), constitute the entire agreement between you and the Company regarding the Site and Digital Products.
19. CONTACT INFORMATION
[Legal Company Name]
Address: [Street, City, State, ZIP, USA]
Email: [support@yourdomain.com]
Phone (optional): [Phone Number]
Optional add-ons you may want (depending on your shop)
- EU/UK customers clause (VAT, consumer rights, digital content consent)
- Accessibility statement
- Affiliate/discount code terms
- Business customers (B2B) license
- Author/publisher takedown workflow (in addition to DMCA)
If you tell me (a) your company type (LLC/Inc/sole proprietor), (b) which US state you want as governing law, and (c) whether you allow subscriptions and/or DRM, I can tailor the placeholders and tighten the wording to match your exact setup.
