Terms of Service for The Success Toolbox
Last Updated: November 8, 2024
Description of Services for The Success Toolbox
The Success Toolbox, created by award-winning strategist Stormie Andrews, offers an AI-powered suite of tools designed to empower businesses to outsell, outgrow, and outsmart their competition in today's digital landscape. Our suite is centered around the World’s Best Buyer Persona System, enabling users to deeply understand and connect with their ideal customers through data-driven, personalized marketing strategies.
Key Features and Services Offered:
- Persona Pilot Pro: Discover your customers' core motivations, values, and challenges to create precise and effective personas.
- Marketing Success Wheel Optimizer: A comprehensive growth framework covering all stages of marketing, from Awareness to the Wow Factor.
- Positioning Factors Accelerator: Helps define your brand's unique market position for maximum impact.
- T.I.N.B. Builder: Showcases your brand's unique value proposition and why it should be the top choice for customers.
- Platform-Specific Marketing Maestros (e.g., Facebook, LinkedIn, TikTok, Instagram): Creates persona-driven content strategies to enhance engagement and growth across major platforms.
- CrossSell Catalyst: Increases customer lifetime value with personalized upsell and cross-sell messaging.
- PitchPerfect AI: Generates impactful webinars and presentations with compelling, structured outlines.
- Market Edge AI: Analyzes your market landscape for better brand positioning and competitive insights.
- CloseMaster AI: Crafts tailored sales pitches to address customer concerns and increase conversion rates.
- Reputation Builder AI: Enhances your online credibility with customized review requests from satisfied customers.
- Video Story Architect: Creates engaging video scripts that connect with audiences and inspire action.
- StoryAlign AI: Aligns your brand's narrative with your customer's values, building emotional connections.
- Blog Blueprint: Develops impactful, SEO-friendly blog outlines and content.
- Persona Lead Magnet Maker: Creates tailored eBooks, checklists, and other lead-generating content.
- Ad Copy Maestro: Designs high-conversion, persona-focused ad copy across various advertising platforms.
- Email Marketing Maestro: Generates compelling emails with strong calls to action, driving engagement and conversions.
The Success Toolbox is more than just a collection of tools; it is a fully integrated marketing game plan designed to eliminate guesswork, maximize ROI, and drive real results. Each tool works synergistically, giving businesses complete control over their marketing strategy and customer journey, from initial awareness to creating lifelong advocates.
User Account Requirements
- Account Creation
To access and use certain features of The Success Toolbox, users are required to create an account. During the account creation process, users must provide accurate and complete information, including their name, email address, and payment details. By registering for an account, users agree to provide true, current, and complete information and to keep it updated.
- Account Responsibility
Users are solely responsible for maintaining the confidentiality and security of their account credentials, including their password. Any activity conducted through a user's account is the user's responsibility. Users agree to notify us immediately if they suspect unauthorized access to or use of their account.
- Account Termination or Suspension
We reserve the right to suspend or terminate user accounts at our discretion if a user breaches any of the terms outlined in this agreement or fails to make any required payments. In such cases, we may provide notice where applicable, but we are not obligated to do so.
- No Free Trials
At this time, The Success Toolbox does not offer free trials. Access to the tools and services is available through direct purchase and is subject to our standard payment terms.
Payment and Billing
- Payment Methods
All payments for The Success Toolbox services are processed through Stripe, our third-party payment processor. By making a purchase, you authorize Stripe to process your payment and agree to its terms of service.
- Billing Cycle
The Success Toolbox operates on a monthly subscription basis. Your payment will be charged on the day of purchase and will recur on the same day of each subsequent month.
- Payment Terms
Payments for subscriptions are due on the date of purchase and on the same date each month thereafter. By subscribing, you agree to allow recurring charges through Stripe as specified during the registration process.
- Taxes and Fees
We do not charge additional taxes or fees for the services provided through The Success Toolbox at this time.
- Non-Payment Consequences
If we are unable to process your payment on the due date, access to The Success Toolbox may be suspended until payment is successfully made. It is your responsibility to ensure that your payment method remains valid and current.
- Billing Disputes
If you believe there is an error or unauthorized charge on your account, please contact us promptly at business@breatheexp.com. We will investigate the issue and, if applicable, correct any error. Any disputes must be raised within thirty (30) days of the charge in question; otherwise, you agree to waive any claims related to the disputed charge.
Refund and Cancellation Policy
- Refunds
We offer refunds for The Success Toolbox subscriptions within 14 days of the original purchase date. To request a refund, please contact us at business@breatheexp.com within the 14-day period. Refunds will be processed back to the original payment method used.
- Subscription Cancellation
Users may cancel their subscription to The Success Toolbox at any time. Upon cancellation, access to the services will continue until the end of the current billing cycle. No further charges will be applied unless the user chooses to reactivate their subscription.
- Refund Exceptions
Refunds will not be granted for subscriptions purchased at special discount rates or during promotional offers where a refund exception is explicitly stated in writing as part of the terms of the discount.
Prohibited Activities
Users of The Success Toolbox agree not to engage in any of the following prohibited activities while using our services:
- Illegal Activities
Engaging in, promoting, or encouraging any activity that is illegal under applicable law, including but not limited to fraud, money laundering, and the distribution of illegal content.
- Abusive Behavior
Harassing, abusing, or harming other users of The Success Toolbox, our staff, or any third parties.
- Spamming and Unsolicited Messaging
Sending unsolicited or bulk messages (spam), including through emails or other communication methods, to promote any products or services.
- Unauthorized Access
Attempting to gain unauthorized access to any portion or feature of The Success Toolbox, other user accounts, or systems or networks connected to our platform through hacking, password mining, or any other means.
- Interference with Services
Using software, scripts, bots, or other automated processes to interfere with, disrupt, or overburden the functioning of The Success Toolbox.
- Distribution of Harmful Software
Uploading, transmitting, or distributing any viruses, malware, or other harmful or malicious code that could interfere with the operation of our services or harm other users.
- Misrepresentation
Misrepresenting your identity, affiliation, or purpose when interacting with The Success Toolbox or other users.
- Intellectual Property Infringement
Using, distributing, or displaying content that violates any intellectual property or proprietary rights of third parties, including copyrighted material, trademarks, or trade secrets, without proper authorization.
- Reverse Engineering
Attempting to reverse-engineer, decompile, or disassemble any part of The Success Toolbox or its underlying technologies.
- Prohibited Content
Posting, sharing, or transmitting content that is defamatory, obscene, threatening, violent, or otherwise objectionable or illegal.
- Reselling or Unauthorized Distribution
Selling, licensing, or otherwise making available our services to any third party without prior authorization.
Enforcement of Prohibited Activities
Violation of these terms may result in warnings, suspension, or termination of user accounts at our discretion. We also reserve the right to report any illegal activities to law enforcement authorities.
User-Generated Content
- Ownership of Content
Users retain full ownership of any content they create, upload, or share while using The Success Toolbox. We do not access, store, or use any user-generated content in any way.
- No Use or Distribution of User Content
We will not use, distribute, display, or otherwise make use of any user-generated content created while using our services. All content remains under the user's control and ownership.
Intellectual Property
- Ownership
All content, software, tools, and branding available through The Success Toolbox are owned by Stormie Andrews and/or its affiliates. This includes, but is not limited to, the design, functionality, software code, and all associated materials (collectively referred to as "Intellectual Property"). This also includes the trademarked "World’s Best Buyer Persona System," which forms the foundation of The Success Toolbox. All rights are reserved.
- User Rights
Users are not granted any ownership or license rights to our Intellectual Property by using The Success Toolbox. All rights not expressly granted are reserved by Stormie Andrews.
- Restrictions on Use
Users agree not to engage in any of the following activities without express written consent from us:
- Copying, distributing, modifying, or creating derivative works of our content, software, or tools, including the "World’s Best Buyer Persona System."
- Reverse-engineering, decompiling, or otherwise attempting to discover the source code of any software provided through The Success Toolbox.
- Using our branding, logos, or other proprietary graphics, including the "World’s Best Buyer Persona System," without prior authorization.
Termination of Services
- Termination by User
Users may terminate their subscription to The Success Toolbox at any time by following the cancellation instructions within their account settings or by contacting customer support at business@breatheexp.com. Termination will take effect at the end of the current billing cycle, and users will retain access to the services until that time.
- Termination by Us
We reserve the right to suspend or terminate user accounts at our sole discretion under the following conditions:
- Breach of Terms: If a user is found to have violated any part of these Terms of Service, including but not limited to engaging in prohibited activities.
- Non-Payment: If a user fails to make a required payment or if we are unable to process payment through the provided payment method.
- Effect of Termination
Upon termination, users will no longer have access to The Success Toolbox services. Any remaining data associated with the user’s account may be retained or deleted at our discretion, subject to our Privacy Policy.
Warranties and Disclaimers
- No Warranties
The Success Toolbox and all related services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not guarantee that The Success Toolbox will meet your specific needs, perform without interruption, or be error-free.
- Disclaimer of Implied Warranties
To the maximum extent permitted by applicable law, we disclaim all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- No Guarantees on Outcomes
While The Success Toolbox aims to provide valuable marketing insights and tools, we make no guarantees regarding specific business results, outcomes, or success derived from the use of our services. Results may vary based on individual efforts and other factors beyond our control.
- Third-Party Services
The Success Toolbox may rely on or integrate with third-party services such as OpenAI and Stripe. We make no warranties regarding the performance, availability, or reliability of these third-party services. Users acknowledge that their use of such services is at their own risk.
Limitation of Liability
- Liability Cap
To the maximum extent permitted by law, our total liability to you for any claims arising out of or relating to your use of The Success Toolbox shall be limited to the amount you have paid for our services during the twelve (12) months immediately preceding the event giving rise to such a claim.
- Exclusion of Certain Damages
We shall not be liable for any indirect, incidental, consequential, special, or exemplary damages of any kind, including, but not limited to, lost profits, data loss, or business interruption, arising out of or in connection with your use or inability to use The Success Toolbox, even if we have been advised of the possibility of such damages.
Governing Law
These Terms of Service and any disputes arising out of or relating to your use of The Success Toolbox shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts located in the County of Clark, State of Nevada, and you consent to the personal jurisdiction of such courts.
Modifications to the Terms
We reserve the right to modify or update these Terms of Service at any time, at our sole discretion. When we make change, we will update the “Last Updated” date at the top of this document. If the changes are material, we may also provide notice via email or within The Success Toolbox platform. By continuing to use The Success Toolbox after any modifications, you agree to be bound by the revised terms. If you do not agree with any changes, you must stop using the services.
Contact Information for Inquiries or Disputes
If you have any questions, concerns, or disputes regarding these Terms of Service or your use of The Success Toolbox, please contact us at:
Stormie Andrews and BREATHE! Exp
8275 S. Eastern Ave., Suite 200
Las Vegas, NV 89123
Phone: 1 (888) 588-8969 ext 801
Email: business@breatheexp.com
Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of The Success Toolbox, you and we agree to first attempt to resolve the matter informally by contacting each other. If a resolution cannot be reached within thirty (30) days, either party may seek to resolve the dispute through binding arbitration, conducted under the rules of the American Arbitration Association. Arbitration shall take place in Clark County, Nevada, and the arbitrator’s decision shall be final and binding on all parties.
Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction for any alleged unauthorized use of intellectual property or other violations of applicable law.
Third-Party Links/Services
The Success Toolbox may contain links to third-party websites or services that are not owned or controlled by us. Additionally, we may integrate or rely on third-party services, such as Stripe for payment processing and Google, Anthropic, Make.com, and OpenAI for certain AI-powered features. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using The Success Toolbox, you acknowledge and agree that we are not liable for any loss or damage incurred as a result of your use of any third-party websites or services.
We encourage you to review the terms and privacy policies of any third-party websites or services you interact with. Please contact Business@breatheexp.com for most up to date list of providers.
2. Services
We use reasonable efforts to keep Success Toolbox operational and to provide you with great content. However, our service offerings and their availability may change from time to time, without liability to you; for example:
- Success Toolbox may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
- We aim to evolve and improve Success Toolbox constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of Success Toolbox (including particular functions, features, subscription plans, and beta offerings);
- Success Toolbox has no obligation to provide any specific content and the applicable owners may remove particular content without notice.
Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make content and use Success Toolbox content. This access shall remain in effect unless and until terminated by you or Success Toolbox. Success Toolbox retains ownership of all copies of Success Toolbox software applications and content even after installation on your devices.
3. Beta Services
Beta Services are offered “as-is” to allow testing and evaluation, and content you provide to Beta Services may be used to improve the Services. Success Toolbox makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Success Toolbox expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
4. Account Creation
You may need to create an account to use all or part of Success Toolbox. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Success Toolbox may reclaim, or require you to change, your username for any reason.
5. Proprietary Rights
All Success Toolbox trademarks, service marks, trade names, logos, domain names, and any other features of the Success Toolbox brand ("Success Toolbox Brand Features") are the sole property of Success Toolbox or its licensors. These Terms do not grant you any rights to use any Success Toolbox Brand whether for commercial or non-commercial use.
6. User Content
Success Toolbox users may post, upload, or otherwise contribute content to Success Toolbox. For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Success Toolbox by users.
Success Toolbox creators are the owners of the responses collected and returned by their Success Toolbox. You are solely responsible for all User Content that you post and such User Content is your property, however Success Toolbox may use this data to train Success Toolbox models. For members of our Pro tier, Success Toolbox will never use their data to train models.
You promise that, with respect to any User Content you post on Success Toolbox, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Success Toolbox pursuant to the license granted below, does not: (i) violate these Terms, applicable laws, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by Success Toolbox or other individual or entity without the prior express written consent from Success Toolbox or such individual or entity.
In posting or sharing User Content or other information on Success Toolbox, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Success Toolbox and across the web, so please use caution in posting or sharing, and be mindful of your account settings. Success Toolbox is not responsible for what you or others post or share on the service.