Terms and Conditions
PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE OR PURCHASING
By using the website, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Design Made Clear, aka Amanda Pena Design, LLC (the "Company"), is subject to the following terms and conditions ("Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
Eligibility
You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to purchase from or use this website. By placing an order or accessing any digital product, you represent and warrant that you meet this age requirement. The Company is not responsible for purchases made by minors, and any such transactions may be voided at the Company's sole discretion.
Ownership and Licensing
You agree that the Site itself, as well as all content, videos, training materials, products, services, and/or other materials, made available on the Site by us or other third parties (collectively referred to as the "Content") are the property of the Company and/or its third-party providers.
All content is protected by copyright unless otherwise noted. All trademarks and imagery are owned by or used with permission by the Company. Unauthorized use may violate intellectual property laws and result in legal action.
Digital Product Terms
By purchasing from this store, you agree to the following:
No Guarantees: Your success depends on your effort, marketing, execution, and understanding of your business tools. The Company makes no guarantees regarding outcomes, performance, approval by Amazon KDP, or income. Results vary and are entirely dependent on your own actions.
No Affiliation with Amazon: Design Made Clear is not affiliated with, endorsed by, or partnered with Amazon or Kindle Direct Publishing (KDP). References to Amazon or KDP are for educational purposes only. You are solely responsible for compliance with Amazon's publishing guidelines and policies.
Licensing Terms: Only individual templates (where stated) are sold with private label rights (PLR). Full bundles are not PLR-licensed. You may not resell, claim authorship, or redistribute any materials unless clearly granted through license terms on the individual product listing.
Unauthorized Distribution: You may not share or distribute digital products with others (including clients, VAs, or team members) unless a multi-use or agency license is specifically purchased. All standard purchases are for individual use only.
Customer Responsibility: You are responsible for understanding how to use the digital files, templates, or tools provided. This includes uploading to platforms such as Canva, Showit, Etsy, Notability, GoodNotes, or Amazon KDP. The Company is not liable for platform compatibility, account actions, rejections, or suspensions.
Template Customization Requirement: Templates, interiors, covers, and related files are sold to multiple buyers and are provided as a creative starting point only. You are solely responsible for substantially customizing all templates — including but not limited to fonts, layouts, graphics, colors, and text — before uploading to Amazon KDP or any other publishing platform. Templates must not be used, uploaded, or published in their original or minimally modified form. Uploading templates without meaningful, substantial customization may result in rejection, content flags, removal, or account suspension by Amazon KDP or any other platform. The Company is not responsible for any such outcomes.
Similarity of Outputs: Because templates are sold to multiple buyers, use of these templates may result in similar outputs across buyers if not properly customized. The Company is not responsible for any resulting similarity, duplicate content flags, or platform action arising from a buyer's failure to sufficiently customize purchased templates before publishing.
Product Modification Disclaimer: Once a product has been customized or edited by the buyer, the Company is not responsible for any design issues, loss of formatting, errors, or technical challenges that may result.
AI and Third-Party Tools: Some graphics, assets, or fonts may have been generated or sourced using third-party tools or AI platforms. All assets are created and sold with proper use rights. Buyers are responsible for any additional compliance, licensing, or claims that may arise from modifying, distributing, or reselling altered assets.
Misuse of Templates or Courses: The Company provides clear guidance for usage. Misinterpretation, failure to follow instructions, or lack of results due to buyer misuse or misunderstanding are not grounds for refunds or disputes.
Custom GPT Products
The Company may offer custom GPTs (Custom Generative Pre-trained Transformers) built using OpenAI's platform. By purchasing or accessing any Custom GPT product, you acknowledge and agree to the following:
No Affiliation with OpenAI: Design Made Clear is not affiliated with, endorsed by, or partnered with OpenAI. Custom GPTs are built using OpenAI's publicly available tools, and the Company does not control OpenAI's platform, policies, pricing, uptime, or availability.
Platform Dependency: Custom GPTs rely on OpenAI's infrastructure and require a ChatGPT account (including a paid subscription where applicable) to access and use. The Company is not responsible for changes to OpenAI's platform, pricing, features, API availability, usage limits, or terms of service that may affect the functionality or accessibility of any Custom GPT product.
No Guarantee of Availability or Performance: The Company does not guarantee that any Custom GPT will remain accessible, functional, or unchanged indefinitely. OpenAI may modify, restrict, or discontinue features at any time without notice, and the Company is not liable for any resulting loss of access or functionality.
Output Accuracy: Custom GPTs generate AI-powered responses. The Company does not guarantee the accuracy, completeness, reliability, or suitability of any output produced by a Custom GPT. You are solely responsible for reviewing, verifying, and applying any information or content generated. The Company is not liable for decisions, actions, or outcomes based on Custom GPT outputs.
No Resale or Redistribution: You may not resell, redistribute, share access to, reverse-engineer, replicate, or attempt to recreate any Custom GPT product. Each purchase grants a single-user license unless otherwise stated in the product listing.
Compliance Responsibility: You are responsible for ensuring that your use of any Custom GPT and its outputs complies with all applicable laws, regulations, platform terms of service, and industry standards, including but not limited to intellectual property, privacy, and consumer protection laws.
Earnings Disclaimer
Any references to income, revenue, earnings, or results (whether in product descriptions, testimonials, case studies, social media, or marketing materials) are illustrative examples only and are not guarantees. Your results will vary based on your individual effort, experience, business model, market conditions, and many other factors that the Company cannot control or predict.
The Company makes no representation that any particular income or result is typical, expected, or guaranteed. Testimonials and examples represent individual experiences and should not be interpreted as a promise of similar outcomes. You accept full responsibility for your business decisions and financial outcomes.
Payment, Pricing, and Delivery
All prices are listed in U.S. dollars unless otherwise stated. Applicable taxes, if any, are the buyer's responsibility.
Payments are processed through third-party payment processors (such as Stripe or the platform's built-in payment system). The Company does not store your credit card or payment information directly. Your use of any payment processor is subject to that processor's terms and conditions.
Digital products are delivered electronically immediately upon purchase or within a reasonable time via email, download link, or platform access. It is your responsibility to ensure you provide a valid email address and to check your inbox (including spam/junk folders) for delivery. The Company is not responsible for delivery failures caused by incorrect information provided by the buyer.
Refund and Chargeback Policy
Due to the digital nature of our products, all sales are final. Once files are delivered or access is granted, refunds will not be issued under any circumstances.
If you initiate a chargeback or payment dispute with your bank or payment provider rather than contacting the Company directly, the Company reserves the right to suspend or permanently revoke your access to all purchased products and future purchases. The Company may also pursue recovery of the disputed amount plus any fees incurred as a result of the chargeback. You agree to contact the Company first to resolve any billing concerns before initiating a dispute with your payment provider.
No refund will be issued on the basis of Amazon KDP rejection, account suspension, account ban, or any other platform action taken by Amazon or any third-party platform. These outcomes are entirely outside the control of the Company and are the sole responsibility of the buyer.
Limitations and Legal Disclaimers
ALL PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY THE COMPANY ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Company does not warrant that use of the materials will be uninterrupted, error-free, or guaranteed for approval by Amazon or any third-party platform.
You understand that publishing on Amazon KDP or any other platform involves risk of rejection, account suspension, or removal. The Company is not responsible for these outcomes.
Your access to tools, platforms, and third-party services (like Canva, Amazon KDP, ChatGPT, OpenAI, Etsy, Shopify, Stripe, or hosting providers) is governed by your agreements with those providers. The Company is not liable for their service failures, account terminations, changes in policies, or updates that impact your use of purchased products.
You accept full responsibility for your business, marketing, and application of any materials purchased through the Company.
Limitation of Liability
To the maximum extent permitted by law, the Company, its owners, 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, revenue, data, business opportunities, or goodwill, arising from or related to your use of the Site or any products purchased, including but not limited to any account suspension, ban, rejection, or removal by Amazon KDP or any other third-party platform.
In no event shall the Company's total liability to you for all claims arising from or related to your use of the Site or any product exceed the total amount you paid to the Company for the specific product giving rise to the claim.
By purchasing a product from this shop, you agree that Design Made Clear, Amanda Pena Design LLC, and any associated parties are not responsible for legal claims, fines, damages, or issues that may come from using these materials.
Third-Party Links and Resources
The Site and products may contain links to third-party websites, tools, platforms, or resources. These links are provided for convenience only. The Company does not endorse, control, or assume responsibility for the content, privacy practices, or availability of any third-party sites or services. Your use of third-party resources is at your own risk and subject to those parties' terms and conditions.
Communication, Security, and Privacy
The Company may send emails and updates about your purchases or new offers. We do not intentionally share your personal data with third parties unless required by law. However, we cannot guarantee against unauthorized access and you accept these risks when using our site and services.
If you are located in the European Union, United Kingdom, or California, you may have additional rights regarding your personal data under applicable data protection laws (such as GDPR or CCPA). Please contact us for more information about exercising those rights.
Termination and Access Revocation
The Company reserves the right, at its sole discretion, to suspend or terminate your access to the Site and/or any digital products or services without prior notice if you violate these Terms of Use, engage in fraudulent activity, initiate an unjustified chargeback, or engage in any conduct that the Company determines to be harmful to its business, reputation, or other customers.
Indemnification
You agree to hold Design Made Clear, aka Amanda Pena Design, LLC, its owners, employees, agents, and affiliates harmless against any and all legal claims, damages, account actions, losses, liabilities, or costs (including reasonable attorneys' fees) arising from your use of the Site or products, including violations of copyright, trademark, publishing guidelines, misuse of tools, failure to properly customize templates before publishing, or breach of these Terms of Use. You also agree to provide full cooperation in legal matters if requested.
Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms of Use or the purchase or use of any product shall first be attempted to be resolved through informal negotiation by contacting the Company directly. If the dispute cannot be resolved informally within thirty (30) days, you agree that any remaining dispute shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association, rather than in court.
Arbitration shall take place in the State of New Jersey, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction.
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.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. For any matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey.
Severability
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Changes to These Terms
The Company reserves the right to modify, update, or replace these Terms of Use at any time at its sole discretion. Changes will be effective immediately upon posting to the Site, with an updated date of April 2026. Your continued use of the Site or products after any changes constitutes your acceptance of the revised Terms of Use. It is your responsibility to review these Terms periodically for updates.
Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, pandemics, internet or power outages, government actions, platform outages, acts of third-party service providers, or any other force majeure event.
