Digital Product Terms of Use & License Agreement
Effective Date: 09/28/2025
Owner/Provider: Assertive Consultation Services, LLC (“ACS,” “we,” “us,” or “our”)
Contact: support@assertiveconsultationservices.com • 867 Boylston St., 5th Floor, #1498, Boston, MA 02116
IMPORTANT — READ CAREFULLY: By clicking “I agree,” checking a box to accept, completing a purchase, downloading, or using any ACS digital product, you (“you,” “your,” or “Licensee”) agree to be bound by this Agreement. If you do not agree, do not purchase, download, access, or use the products.
1) Definitions
“Digital Products”: Letter templates, forms, checklists, scripts, guides, workbooks, spreadsheets, and related materials, including any updates, examples, or supplemental files.
“Template Files”: The editable source files (e.g., .docx, .pdf, .xlsx, .pages).
“Output”: Documents you generate when you fill in or customize the Template Files for your own business or for a single client engagement.
“Single-User License”: A license for one natural person to use the Digital Products.
“Seat”: One licensed user. Each user who accesses or edits Template Files requires a seat.
2) Agreement to Terms
This Agreement governs all purchases, downloads, and uses of Digital Products from ACS, including via our website, marketplaces, or direct invoice. These terms incorporate by reference our Privacy Policy and any order form or checkout page terms.
3) License Grant (What You Get)
Subject to your full and continuing compliance with this Agreement and payment of all fees, ACS grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:
Download and store the Digital Products for your own Single-User use;
Edit and customize Template Files for your own business purposes; and
Create Output and use that Output internally in your business or deliver to a single end-client per project, provided that you do not share, sell, or distribute the Template Files themselves.
If more than one person at your company will access or edit Template Files, you must purchase one seat per user or contact ACS for a team license.
4) Prohibited Uses (What You May Not Do)
You may not:
Resell, redistribute, publish, gift, transfer, upload, post, or make available Template Files (or substantial parts of them) to any third party, including within shared drives, marketplaces, social media, or file-sharing sites.
Claim authorship or ownership of the Digital Products or remove/alter copyright notices, watermarks, or attribution.
Sublicense, rent, lease, lend, or otherwise provide access to Template Files to anyone who does not hold a seat.
Use the Digital Products to create competing templates or products for sale or distribution.
Circumvent, remove, or interfere with any DRM, watermarking, or access controls.
Use the Digital Products unlawfully or in a way that infringes any third-party rights.
5) Ownership & Intellectual Property
All Digital Products are owned and licensed—not sold—by ACS and are protected by U.S. and international copyright and other IP laws. ACS retains all right, title, and interest in and to the Digital Products, including updates and derivative template improvements.
© 2025 Assertive Consultation Services, LLC. All Rights Reserved.
6) Delivery, Access & Security
Digital Products are delivered electronically (download link, portal access, or email).
You are responsible for maintaining secure backups of your files and safeguarding access credentials.
ACS may use unique identifiers/watermarks in files to enforce license compliance.
7) Updates & Support
ACS may, at its discretion, provide minor updates or corrections to existing purchases.
Purchase does not include customizations, ongoing consulting, or legal review unless expressly stated in your order.
8) Fees, Taxes & Payment
All fees are due as stated at checkout or on invoice. Prices may change prospectively. You are responsible for any applicable taxes. Chargebacks or payment disputes for valid deliveries constitute a material breach.
9) Refund Policy (Digital Content)
Because Digital Products are immediately accessible, all sales are final and non-refundable. If you experience a download or file-corruption issue, contact ACS within 7 days; we will re-deliver the same file(s).
EEA/UK buyers: By purchasing, you request immediate performance and acknowledge loss of the statutory withdrawal right for digital content delivered on a non-tangible medium.
10) No Legal, Tax, or Financial Advice
Digital Products are provided for educational and informational purposes only. ACS is not a law firm or CPA firm and does not provide legal, tax, or investment advice. Your use does not create an attorney-client or other fiduciary relationship. You are solely responsible for reviewing and adapting any template to applicable law and your facts, and for obtaining professional advice where needed.
11) User Content & Confidentiality
To the extent you input your own data into a Template File: you retain all rights in that data. ACS will not claim ownership of your proprietary content. Do not transmit sensitive personal information to ACS unless requested for support; you are responsible for compliance with privacy laws applicable to your data.
12) Third-Party Tools & Formats
Digital Products may reference third-party tools (e.g., Microsoft Word, Google Docs) that have their own licenses. ACS is not responsible for third-party services or compatibility changes.
13) Monitoring, Audits & Enforcement
To protect our IP, ACS may monitor public marketplaces and the open web. We may request reasonable proof of license compliance (e.g., number of users/seats). Unauthorized use may result in immediate license termination and enforcement actions, including DMCA takedowns, cease-and-desist, and claims for damages and injunctive relief.
14) DMCA Notice Procedure
If you believe your copyright has been infringed by content hosted or distributed by ACS, or if ACS needs to submit a takedown relating to our works, please send a notice to our designated agent:
DMCA Agent: Assertive Consultation Services, LLC, Attn: DMCA Agent
Email: DMCA@assertiveconsultationservices.com
Address: 867 Boylston St., 5th Floor, #1498, Boston, MA 02116
Your notice must include: (a) your signature; (b) identification of the copyrighted work; (c) identification of the infringing material and its location; (d) your contact information; (e) a statement of good-faith belief; and (f) a statement that the information is accurate and, under penalty of perjury, you are authorized to act.
15) Term & Termination
This Agreement begins on your purchase date and continues unless terminated. ACS may suspend or terminate your license immediately if you breach this Agreement (including non-payment, unauthorized sharing, or IP violations). Upon termination, all licenses automatically end and you must cease all use of the Template Files and destroy all copies in your possession, except Output already delivered to an end-client before termination.
Survival: Sections 4–6, 8–10, 13–20 survive termination.
16) Remedies
You agree that unauthorized copying or distribution will cause irreparable harm and that injunctive relief is appropriate in addition to monetary damages, costs, and (where permitted) reasonable attorneys’ fees.
17) Disclaimers
DIGITAL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ACS DOES NOT WARRANT THAT THE DIGITAL PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE.
18) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ACS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOSS OF DATA; BUSINESS INTERRUPTION; OR SUBSTITUTE GOODS/SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. ACS’s total aggregate liability for any claim related to a purchase will not exceed the amount you paid ACS for the specific Digital Product giving rise to the claim.
Some jurisdictions do not allow certain limitations; in such cases, the limitations apply to the fullest extent permitted.
19) Indemnification
You agree to defend, indemnify, and hold harmless ACS, its members, officers, and employees from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Digital Products; (b) your violation of this Agreement or applicable law; or (c) your Output or data.
20) Governing Law; Venue
This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Exclusive venue for any action arising out of or relating to this Agreement shall be the state courts of Suffolk County, Massachusetts or the U.S. District Court for the District of Massachusetts, and you consent to personal jurisdiction there. Jury trial is waived to the extent permitted by law.
21) Modifications to the Agreement
We may update these terms prospectively. The “Effective Date” will reflect the latest revision. For material changes, we will notify you via the website or email. Continued use after the Effective Date constitutes acceptance of the revised terms.
22) Assignment
You may not assign, transfer, or delegate this Agreement (or any license hereunder) without ACS’s prior written consent. Any unauthorized assignment is void. ACS may assign this Agreement to a successor or affiliate.
23) Force Majeure
ACS is not liable for delays or failures caused by events beyond our reasonable control (e.g., outages, cyberattacks, acts of God, governmental actions).
24) Notices; Electronic Communications
You consent to receive notices and communications from ACS electronically (email or website posting). Legal notices to ACS must be sent to the Contact above with a copy to legal@assertiveconsultationservices.com.
25) Entire Agreement; Severability; No Waiver; Headings
This Agreement (with incorporated policies and your order terms) is the entire agreement between you and ACS regarding Digital Products and supersedes all prior discussions. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed; the remainder stays in force. No waiver is effective unless in writing. Headings are for convenience only.
26) License Summary (Plain-Language Aid — not a substitute for the terms)
You can: Download, edit, and use templates for your own business; deliver Output to one end-client per project.
You need: One seat per person who accesses/edits Template Files.
You cannot: Resell, share, or post the Template Files themselves anywhere.