Terms of Service

Last Updated: November 11, 2024

Welcome to Amiko Simonetti’s website (the “Site”), located at [amikosimonetti.com]. By accessing or using the Site, including purchasing products or services, you agree to comply with and be bound by these Terms of Service, as well as our Privacy Policy and Cookie Policy. If you do not agree to these terms, please refrain from using the Site.

1. Definitions

"You" or "Customer" refers to any user or purchaser of products, services, or content through the Site.
"We," "Us," or "Our" refers to Amiko Simonetti and the owner of this Site.
"Digital Products" includes but is not limited to Procreate brushes, PDFs, videos, eBooks, online courses, and any other downloadable content.
"Services" refers to online courses, tutorials, and any other services offered through the Site.

2. Account Creation and Customer Responsibilities

To access certain features of the Site, such as purchasing courses or saving payment methods, you may be required to create an account. By creating an account, you agree to the following:

Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
Prohibited Content: You agree not to upload, share, or distribute any content that is harmful, including malware, illegal materials, or offensive content.
Reviews and Comments: You are solely responsible for any content you submit on the Site, including product reviews and blog comments. Reviews should be truthful and not misleading.

3. Products and Services

Digital Products: The Site offers a variety of digital products including Procreate brushes, PDFs, eBooks, and downloadable content.
Online Courses: The Site provides online courses that may be accessed after purchase.

4. Refund Policy

Digital Products: No returns, exchanges, or cancellations are allowed for digital products (e.g., the Croquis Kit, Procreate brushes, PDFs) unless explicitly stated.
Online Courses: Refunds are allowed within 7 days of purchase. After this period, no refunds will be issued. If a refund is requested, you must delete all associated digital files (e.g., videos, brushes, PDFs) and discontinue use.

5. Intellectual Property

Ownership: All content, including but not limited to Procreate brushes, courses, PDFs, designs, and any other intellectual property, is owned by Amiko Simonetti and protected by copyright laws. By purchasing a product or service, you agree to the terms of the license associated with the product. [To see the full license details, click here.]
Prohibited Uses: You may not distribute, modify, resell, or sublicense any products purchased on the Site. Unauthorized use of the content, products, and/ or services including claiming authorship or using the content inappropriately, is strictly prohibited.

6. Copyright Infringement

If you believe your work has been infringed upon on the Site, please send a Digital Millennium Copyright Act (DMCA) notice to amiko@amikosimonetti.com. To file a notice, include:

A description of the copyrighted work you believe has been infringed.
A description of the material you believe infringes on your work.
Your contact information and a statement that you have a good faith belief the material is infringing.
Your electronic signature.

7. Limitation of Liability

To the fullest extent permitted by law, Amiko Simonetti shall not be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the products or services provided on the Site, including but not limited to emotional distress, loss of revenue, loss of business, or intellectual property infringement.

8. Dispute Resolution

Arbitration: Any disputes related to these Terms of Service will be resolved through binding arbitration, conducted in New York, New York, and governed by the laws of the state of New York. You waive your right to bring a class action lawsuit, and arbitration will proceed on an individual basis only.
Arbitration Clause: "Disputes will be resolved by final and binding arbitration on an individual basis, not as a class action or consolidated proceeding."

9. Lifetime Access Disclaimer

While we provide lifetime access to certain courses, we cannot guarantee continued access to the course content if the website, platform, or business ceases to exist or the features are removed due to unforeseen circumstances (e.g., the hosting platform ceasing the feature or discontinuation of service). In such cases, we will make reasonable efforts to provide alternative access, such as through links to videos or alternate formats.

10. Impersonation and Fraud

We are not responsible for any damage or loss caused by impersonators who use the work on this site, or any work or likeness of Amiko Simonetti, including photos, designs, and sketches, to mislead or defraud others. You agree not to impersonate others, and you should report any instances of fraud or misuse immediately.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of New York, USA. Any disputes shall be subject to the exclusive jurisdiction of the courts in New York, New York.

12. Changes to Terms

We reserve the right to update or modify these Terms of Service at any time. Any changes will be posted on this page, and the effective date will be updated accordingly.

13. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect

14. Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at:

Email: amiko@amikosimonetti.com
Website: amikosimonetti.com

Privacy Policy

Last Updated: November 11, 2024

At Amiko Simonetti, we are committed to protecting your privacy. This Privacy Policy explains how we collect, use, and protect your personal information when you visit or make a purchase from our website, [amikosimonetti.com] (the “Site”). By using the Site, you agree to the collection and use of information in accordance with this policy.

1. Information We Collect

We collect the following types of personal and non-personal information:

For Website Visitors:

Personal Information: Includes your browser, device, and network details, IP address, and web pages you visited before arriving on the Site.
Usage Data: We also collect data on how you interact with the Site, such as clicks, internal links, pages visited, scrolling, searches, timestamps, and cookies to improve performance and user experience.
We share this information with Squarespace (our website host) and Google Analytics to analyze site traffic and activity.

For Customers:

Personal Information: When making a purchase, we collect your name, email, billing address, and payment information (e.g., credit card details). This is necessary to fulfill your order.
We share your billing and shipping information with Squarespace for order processing. Payment processors Stripe and PayPal handle payment details, subject to their respective privacy policies.
As you complete the checkout, we may auto-complete your address via the Google Places API to enhance your experience

For Customer Accounts:

If you create an account, we collect information such as billing/shipping addresses, email, name, and phone number. This information helps us improve customer service and the checkout experience.

For Form Submissions & Comments:

We collect data submitted via web forms (such as contact forms) to track and respond to inquiries. When you comment or like a blog post, we collect your name, email (optional), and device/browser details for moderation and to prevent multiple submissions during the same session

2. How We Use Your Information

We use your personal data for the following purposes:

Order Processing: To fulfill orders, process payments, and deliver products and services.
Communication: To send order confirmations, receipts, and customer service-related communications.
Analytics: To analyze site usage and improve the user experience using Google Analytics and Squarespace.
Marketing: With your consent, we may send you promotional emails, newsletters, and product offers. You can opt out of these emails at any time by clicking the unsubscribe link at the bottom of the email. We share your contact information with Squarespace, our email marketing provider, to send these communications on our behalf.
Order and Account Emails: We may also send you non-marketing emails regarding your orders and account activity, such as:

Order confirmations and receipts
Shipping notifications
Password resets and account activity
Subscription or membership updates

These messages are essential for order processing and account management, and it is not possible to unsubscribe from them.

3. How We Protect Your Information

We implement security measures, including SSL encryption, to protect your personal data. Your payment details are securely processed by Stripe and PayPal, which comply with industry standards for data security.

4. Sharing Your Information

We do not share your personal information with third parties except for the following:

Payment Processors: Stripe and PayPal process your payment information as necessary for order completion. For more details, please refer to Stripe's Privacy Policy and PayPal’s Privacy Policy
Analytics: Google Analytics helps track user activity on our website to improve the user experience. For more details, please refer to Google's Privacy Policy
Squarespace: As our website host, Squarespace processes personal data to support our website's functionality and improve its services. Google Analytics may use cookies to collect and analyze data. For more details, please refer to Squarespace Privacy Policy

We will never sell or rent your personal information to third parties for marketing purposes.

5. Account Management

Creating and Managing Accounts: Users can either checkout as a guest or create an account to manage digital product purchases and course access. For courses, creating an account is mandatory.

Account Features: Account holders can save and edit payment methods, shipping addresses, shopping carts, and order information. Account holders can securely store credit card details; only the last four digits of the card are visible. Saved payment information is stored by the payment processor (e.g., Stripe or PayPal).

Payment Method Updates: If we switch payment processors, account holders may need to delete and re-save their payment information. Ongoing subscriptions will require re-subscription, and saved payment methods will be updated in the new account.

Password Management: If you forget your password, you can reset it by clicking the 'Forgot Password?' link on the homepage. This link expires after 24 hours. You are responsible for maintaining the security of your account credentials and should notify us immediately if you believe your account has been compromised.

Account Deletion: As the site owner, I can delete a customer account. However, accounts with active subscriptions or membership plans cannot be deleted. Deleting an account removes payment information, shipping addresses, and billing details from our records.

6. Data Retention

We retain your personal data for as long as necessary to provide services, fulfill transactions, or comply with legal obligations. You may request the deletion of your data by contacting us at amiko@amikosimonetti.com.

7. Your Rights

Depending on your location, you may have certain rights regarding your personal data, including:

Access: Request a copy of your personal data.
Correction: Request updates or corrections to your personal data.
Erasure: Request deletion of your personal data, subject to legal obligations.
Objection: Object to the processing of your data for marketing purposes.
California Consumer Privacy Act (CCPA): If you are a California resident, you have the right to request information on the personal data we collect, request deletion of your data, and opt out of the sale of your personal information.

To exercise these rights, please contact us at amiko@amikosimonetti.com.

8. Children’s Privacy

Our website is not directed at children under the age of 13 (or 16 under the GDPR). We do not knowingly collect personal data from children. If we discover that a child under 13 has provided us with personal data, we will delete such information.

9. Changes to Privacy Policy

We reserve the right to update this Privacy Policy at any time. Any changes will be posted on this page, and the effective date will be updated accordingly.

10. Contact Information

If you have any questions or concerns about this Privacy Policy or how we handle your personal data, please contact us at:

Email: amiko@amikosimonetti.com
Website: amikosimonetti.com

Cookie Policy

Effective Date: November 11, 2024

At Amiko Simonetti, we value your privacy and are committed to transparency regarding our use of cookies and similar technologies. This Cookie Policy outlines the types of cookies we use, their purposes, and how you can manage your preferences.

1. What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help enhance your browsing experience by remembering your preferences and providing personalized content.

2. Types of Cookies We Use

We utilize the following categories of cookies:

Necessary Cookies: These cookies are essential for the website's basic functionalities, such as security and accessibility. They are always active and cannot be disabled.
Analytics and Performance Cookies: These cookies collect information about how visitors use our site, helping us improve its performance and user experience. They are only activated when you consent through our cookie banner.

3. Third-Party Cookies

We use Google Analytics to analyze site traffic and activity. Google Analytics may collect information such as your browser type, IP address, and interactions with our website. For more information on how Google handles your data, please refer to their Privacy Policy.

4. Cookie Duration

The duration of cookies varies based on their purpose. For instance, Squarespace's analytics cookies have different expiration times. For detailed information on the specific cookies used and their durations, please refer to the cookies Squarespace uses.

5. Managing Your Cookie Preferences

Upon your first visit, our cookie banner provides options to accept all cookies or manage your preferences. You can adjust your cookie settings at any time by clicking the "Cookie Preferences" option in the footer.

For the most common browsers, you can:

Review which cookies are active in your browser’s settings.
Clear cookies from your browser or device, either globally or from a specific website.

For help locating cookies on your device, visit your browser's documentation:

6. Your Rights