This Agreement is entered into by and between Drew O'Brien Creative LLC, also known as Make Cool Sh*t ("Provider") and the Subscriber ("Client"), effective as of the date of acceptance by the Client.

1. Subscription Service 1.1

   1.1 Service Description: The Provider offers a design subscription service allowing unlimited design requests by the Client. The Provider will work on these requests one at a time.

   1.2 Subscription Tiers: The service is offered in multiple tiers. The specific names of these tiers and the offerings within each tier are subject to change without notice, at the Provider's discretion. If a project is outside the scope of the services within the subscription tier, a "Power-Up" option is available. The Provider will discuss the Power-Up option with the Client, and the Client will have the opportunity to agree to any additional charges before any charges are applied to the card on file.

2. Payment and Billing

   2.1 Subscription Fee: The Client agrees to pay the subscription fee as indicated at the time of checkout. This fee is subject to change for subsequent renewal periods, at the Provider's discretion. In the event of a price change, the Provider will notify the Client prior to the renewal date.

   2.2 Billing Cycle: The subscription fee is billed monthly and automatically deducted from the Client's designated bank account or charged to the credit/debit card on file.

   2.3 Annual Commitment and Automatic Renewal: The subscription is for an annual term, billed monthly. This commitment may automatically renew for another year at the Provider's discretion. If the subscription plan price changes, the Provider will notify the Client and may terminate the contract at its discretion.

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   Here's the updated Terms of Service with the requested changes:

   Terms of Service

   This Agreement is entered into by and between Drew O'Brien Creative LLC, also known as Make Cool Sh*t ("Provider") and the Subscriber ("Client"), effective as of the date of acceptance by the Client.

   1. Subscription Service

   1.1 Service Description: The Provider offers a design subscription service that permits unlimited design requests from the Client. The Provider will address these requests sequentially.

   1.2 Subscription Tiers: The service is offered in multiple tiers. The specific designations and offerings within each tier may be subject to change without prior notice, at the Provider's sole discretion. Should a project exceed the scope of services within a given subscription tier, a "Power-Up" option will be made available. The Provider will engage in discussions with the Client regarding the Power-Up option, and the Client will have the opportunity to consent to any supplementary charges before such charges are applied to the payment method on file.

   2. Payment and Billing

   2.1 Subscription Fee: The Client agrees to remit payment for the subscription fee as stipulated at the time of checkout. This fee may be subject to modification for subsequent renewal periods, at the Provider's discretion. In the event of a price adjustment, the Provider will provide notification to the Client prior to the renewal date.

   2.2 Billing Cycle: The subscription fee will be billed monthly and automatically debited from the Client's designated bank account or charged to the credit/debit card on file.

   2.3 Annual Commitment and Automatic Renewal: The subscription encompasses an annual term, billed in monthly installments. This commitment may automatically renew for an additional year at the Provider's discretion. In the event of a price modification to the subscription plan, the Provider will notify the Client and retains the right to terminate the contract at its discretion.

   3. Cancellation Policy

   3.1 Early Cancellation by Client: The Client retains the right to terminate the annual commitment prior to its expiration. In such instances, the Client shall be obligated to remit a cancellation fee equivalent to 30% of the outstanding balance of the yearly commitment. The Provider will generate an invoice for the cancellation fee, and the Client will satisfy the invoice using the payment method on file. For illustrative purposes, if 6 months remain on the annual commitment, the cancellation fee will be calculated as 30% of the aggregate cost of the remaining 6 months.

   3.2 Cancellation by Provider: The Provider retains the right to terminate the annual commitment at any time, for any reason whatsoever, including but not limited to extenuating circumstances. In such instances, no refund shall be issued to the Client.

   3.3 Cancellation Process: Requests for cancellation must be submitted in writing and transmitted to the following email address: contact@wemakecoolshit.co.

   3.4 Holiday and Time Off Observance: In addition to observing all nationally recognized U.S. holidays, the Provider reserves the right to suspend services for other periods as deemed necessary. The Provider will endeavor to provide reasonable notice to the Client of any potential delays in service resulting from such holiday or time off observance.

   3.5 Force Majeure: The Provider shall not be held liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, epidemics, pandemics, civil unrest, or governmental regulations.

4. Intellectual Property

   4.1 Ownership: All intellectual property rights in the designs created by the Provider for the Client shall belong to the Client.

   4.2 Portfolio Use: The Provider reserves the right to showcase the work created for the Client on its websites and social media platforms as part of its portfolio, provided that such use does not disclose any proprietary information of the Client.

5. Confidentiality

   5.1 Non-Disclosure: Both parties agree to maintain confidentiality regarding the terms of this Agreement and any proprietary information exchanged during the subscription period, except as expressly permitted in this Agreement.

6. Governing Law and Jurisdiction

   6.1 This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.

7. Miscellaneous

   7.1 Entire Agreement: This document constitutes the entire agreement between the Provider and the Client regarding the subject matter herein and supersedes all prior agreements and understandings, whether written or oral.

8. Acceptance of Terms

   8.1 By signing up for the Provider's subscription service, whether through the Provider's website or via Stripe.com, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms of Service.

Drew O'Brien Creative LLC, also known as Make Cool Sh*t