TERMS OF SERVICE

Erica Duran International, LLC

Effective Date: November 13. 2025

Please read these Terms of Service (“Terms”) carefully before using www.ericaduran.co (the “Site”) and any services, features, content, programs, communities, or applications offered by Erica Duran International, LLC (“EDI,” “we,” “us,” or “our”) (collectively, the “Services”).

By accessing or using any part of the Services, you agree to be bound by these Terms and all policies referenced here, including:

  • Our Privacy Policy: https://www.ericaduran.co/privacy

  • Our EU Data Processing Addendum (DPA): https://www.ericaduran.co/dpa (where applicable)

If you do not agree to these Terms, do not use the Services.

1. Acceptance of Terms

By visiting the Site, creating an account, purchasing a program, joining a community, or otherwise using the Services, you:

1.  Confirm that you have read, understood, and agree to these Terms (including the Privacy Policy and, if applicable, the DPA); and

2.  Agree to comply with all applicable laws and regulations while using the Services.

From time to time, we may update these Terms. When we do, we will change the “Effective Date” above and may provide notice via the Site, email, or within our platforms. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Terms.

2. Eligibility

You may use the Services only if:

  • You are at least 16 years old, and

  • You have the legal capacity to enter into a binding contract, and

  • Your use of the Services is in compliance with all applicable laws and regulations.

If you use the Services on behalf of another person, company, or entity, you represent and warrant that you have full authority to bind that person or entity to these Terms.

We may refuse access to the Services, or terminate access, at our sole discretion.

3. Accounts & Registration

To access certain parts of the Services (including programs, courses, communities, or private content), you may be required to create an account (“Account”).

You agree to:

  • Provide accurate, current, and complete information when creating your Account.

  • Maintain and promptly update your Account information as needed.

  • Keep your login credentials confidential and not share them with others.

  • Be fully responsible for all activity that occurs under your Account, whether authorized by you or not.

You agree to notify us immediately at concierge@ericaduran.co if you suspect unauthorized access or misuse of your Account.

We reserve the right to suspend, restrict, or terminate any Account that violates these Terms or appears to be compromised or fraudulent.

4. Privacy & Data Protection

Your use of the Services is subject to our Privacy Policy:  https://www.ericaduran.co/privacy

If you are an EU-based controller or otherwise subject to the GDPR and provide us with personal data of other individuals (e.g., clients, team members, participants), you agree to the terms in our EU Data Processing Addendum: https://www.ericaduran.co/dpa

You are responsible for ensuring that you have all necessary rights and consents to share such personal data with us in connection with your use of the Services.

5. Content & Intellectual Property

5.1 Definitions

  • “Content”: All information, text, graphics, images, audio, video, software, scripts, designs, course materials, templates, and other materials available on or through the Services.

  • “User Content”: Any content that you submit, upload, post, share, or otherwise make available through the Services (for example: comments, posts, messages, reviews, homework, or materials you upload).

5.2 Our Content

Unless otherwise stated:

  • The Site, Services, and all Content we provide (including course materials, frameworks, videos, audio, podcasts, templates, branding, and graphics) are owned or licensed by EDI and protected by copyright, trademark, and other intellectual property laws.

  • The names Erica Duran International, Paid For Your Presence®, Soulful AI™, and other associated marks, logos, program names, and branding elements are trademarks or service marks of EDI (registered or common law).

Except as expressly allowed in these Terms, you may not:

  • Copy, reproduce, distribute, modify, adapt, translate, display, perform, publish, license, create derivative works from, or exploit any Content, in whole or in part, for commercial purposes without our prior written consent.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Content solely for your personal or internal business use as a client, student, or community member, in accordance with these Terms.

5.3 Your User Content & License to Us

You retain ownership of your User Content. By posting or submitting User Content via the Services, you grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

  • Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content for the purposes of operating, improving, and promoting the Services, including within our community spaces and marketing (for example: anonymized testimonials, screenshots of community wins, etc.), subject to our Privacy Policy.

You also grant other users a limited license to view and interact with your User Content within the Services, as permitted by the functionality and settings of the platform.

You represent and warrant that:

  • You own or have the necessary rights, licenses, and permissions to share your User Content, and

  • Your User Content does not infringe or violate any third-party rights or any applicable law.

We reserve the right (but not the obligation) to monitor, edit, or remove User Content that we believe violates these Terms or harms the community.

6. Community & Conduct Rules

Our communities, membership spaces, and courses may be hosted on third-party platforms (such as Heartbeat, private podcasts, or other community tools) but are governed by these Community Standards in addition to the platform’s own terms.

By participating in any community, program, or membership, you agree not to post, share, or engage in:

1.  Harassment or abuse

No bullying, threats, or targeted attacks.

2.  Hate or discrimination

No content that promotes or perpetuates discrimination based on race, religion, gender, gender identity, sexual orientation, marital or familial status, national origin, age, disability, or other protected characteristics.

3,  Sexually explicit or obscene content

No explicit nudity, sexual content, or pornographic materials.

4.  Illegal or harmful activity

No incitement or admission of illegal activities, self-harm promotion, or unsafe behavior.

5.  Spam or unsolicited promotions

No mass promotional posts, cold pitches, or link drops outside designated “promo” or “showcase” spaces.

6.  Misleading or deceptive claims

No false promises, fabricated results, or misrepresentation of your credentials.

7.  Sharing confidential or private information

No posting of sensitive personal data, financial info, or private messages without explicit consent.

8.  Violation of IP rights

No uploading of materials that infringe someone else’s copyright, trademark, or other IP rights.

We reserve the right, in our sole discretion, to:

  • Remove or edit any User Content, and/or

  • Warn, suspend, or permanently remove any user who violates these standards or otherwise disrupts the environment.

7. Coaching, Education & No-Guarantee Disclaimers

We provide coaching, education, strategy, consulting, and mentoring services. You understand and agree that:

  • We do not provide legal, tax, medical, mental health, or financial advisory services, even if business topics may touch on those areas.

  • Any examples of results, income, launches, or transformations shared by us or our clients are illustrative only and do not guarantee that you will achieve the same results.

  • Your results depend on many factors outside our control, including your experience, business model, timing, implementation, resources, and market conditions.

You are solely responsible for your decisions, actions, and results before, during, and after using the Services.

Nothing in the Services constitutes:

  • A guarantee of earnings, clients, or outcomes; or

  • A promise that you will achieve any particular business, lifestyle, or financial result.

8. AI, Automation & Technology Use

Our Services may use or integrate AI tools, automation, and third-party technologies (for example, voice cloning, generative content, scheduling, or messaging).

By using the Services, you acknowledge and agree that:

  • Some content (such as audio, text, or templates) may be AI-assisted or AI-generated, though curated and reviewed by us.

  • We may use aggregated, de-identified data to improve the Services, content, and user experience.

  • You should not upload or submit confidential, proprietary, or highly sensitive information that you are not authorized to share, especially when it relates to third parties.

You are solely responsible for:

  • How you implement any AI strategies or tools we teach;

  • The content you generate and publish using such tools; and

  • Ensuring your own compliance with applicable laws and platform policies when using AI in your business.

9. Travel Agency & Events Disclaimer

From time to time, we may offer or promote travel-related services, group trips, retreats, VIP days, or events through Avoya Travel by Erica Duran International or other travel vendors (“Travel Services”).

You understand and agree that:

  • EDI may act as a travel advisor or agent, and third-party suppliers (such as airlines, cruise lines, hotels, and tour operators) are responsible for providing actual travel services.

  • We are not responsible for acts, errors, omissions, injuries, damages, losses, delays, or expenses caused by any third-party supplier, government authority, or event beyond our control (including weather, public health events, strikes, or force majeure).

  • You are responsible for verifying and securing your own travel documents, visas, health requirements, insurance, and compliance with destination rules and regulations.

We strongly recommend:

  • Purchasing appropriate travel insurance and

  • Carefully reviewing all supplier terms and conditions before travel.

10. Third-Party Services & Links

The Services may include links or integrations to third-party websites, platforms, or tools (including Heartbeat, Buzzsprout, payment processors, etc.).

You acknowledge that:

  • These third-party services are not under our control, and

  • We are not responsible or liable for their content, policies, or practices.

Your use of third-party services is governed by their own terms and privacy policies. Inclusion of a link or integration does not imply endorsement or recommendation by us.

11. Payments, Billing & Refunds

Some Services are free; others are paid (“Paid Services”).

When you purchase a program, course, membership, event, or any other Paid Service, you agree to:

  • Provide current, accurate billing and contact information;

  • Authorize us and our payment processors (e.g., Stripe or similar) to charge your chosen payment method for all applicable fees, taxes, and any agreed-upon payment plans.

11.1 No Refund Policy

Unless expressly stated otherwise in writing for a specific offer:

ALL SALES ARE FINAL. NO REFUNDS OF PAST PAYMENTS ARE GIVEN FOR ANY REASON. INVEST WISELY.

By completing a purchase, you acknowledge and agree:

  • You are responsible for the full amount of your chosen plan (including payment plans), regardless of your level of participation or completion of the Service.

  • Non-use or non-participation does not constitute grounds for a refund.

11.2 Payment Plans & Recurring Billing

If you select a payment plan or recurring subscription:

  • You authorize us to automatically charge your payment method on the schedule stated at checkout until all payments are complete or your subscription is cancelled under its terms.

  • You agree to keep your payment method information current and promptly update expired or changed cards.

  • If a payment fails, we may attempt to reprocess it and/or suspend access to the relevant Services until payment is resolved.

You can manage some billing settings through the relevant client portal or by contacting us at concierge@ericaduran.co.

12. Disclaimers

To the fullest extent permitted by law, the Services and Content are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied.

We expressly disclaim all warranties, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

  • Any warranties arising from course of dealing, usage, or trade.

We do not warrant that:

  • The Services will be uninterrupted, secure, or error-free;

  • Any defects will be corrected;

  • The Services are free of viruses or harmful components; or

  • The results of using the Services will meet your expectations or deliver any specific outcome.

You use the Services at your own risk.

13. Limitation of Liability

To the maximum extent allowed by law:

  • In no event shall we, our directors, employees, contractors, partners, or content providers be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with your use of the Services.

  • Our total aggregate liability for any claims arising out of or related to the Services shall not exceed the greater of:

    • (A) the total fees you paid to us for the specific Service giving rise to the claim in the three (3) months preceding the event giving rise to the claim, or

    • (B) $500 USD.

Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, our liability will be limited to the fullest extent permitted by law.

14. Indemnification

You agree to defend, indemnify, and hold harmless EDI, its officers, directors, employees, contractors, affiliates, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Services;

  • Your breach of these Terms;

  • Your violation of any law or the rights of any third party;

  • Your User Content and any content you create, publish, or distribute using strategies or tools from the Services.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with such defense as reasonably requested.

15. Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Except for certain disputes described below, you agree that any dispute between you and EDI arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration, and not in court.

You and EDI both agree:

  • To waive any right to a jury trial; and

  • To waive any right to participate in a class action or class-wide arbitration.

The arbitration will be conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS, Inc., in English, and judgment on the award may be entered in any court having jurisdiction.

You may bring claims only in your individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.

You may be able to bring certain claims in small claims court instead of arbitration, if allowed by that court’s rules and within its jurisdiction.

If you have in any manner violated or threatened to violate EDI’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida.

If the class action waiver is found unenforceable, the entirety of this arbitration provision shall be null and void.

You may opt out of arbitration within the time and in the manner described in your original Terms (if included)—if you previously preserved that right.

16. Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws provisions.

Subject to the arbitration clause above, you agree that the state and federal courts located in Osceola County, Florida shall have exclusive jurisdiction over any such disputes, and you consent to personal jurisdiction and venue in those courts.

17. Changes to the Services or Terms

We may, at any time and without notice:

  • Modify, suspend, or discontinue any part of the Services;

  • Change or update features, offerings, or pricing;

  • Update these Terms and our other policies.

We will make reasonable efforts to notify you of material changes, but it is your responsibility to review these Terms periodically. Your continued use of the Services after changes are posted means you accept the updated Terms.

18. Miscellaneous

  • Entire Agreement. These Terms (including the Privacy Policy and any applicable DPA or written program-specific terms) constitute the entire agreement between you and EDI regarding the Services and supersede all prior agreements and understandings.

  • Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

  • No Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.

  • Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms at any time without notice.

  • Headings. Headings are for convenience only and do not affect interpretation.

19. Contact Us

If you have questions about these Terms or the Services, you may contact us at:

Erica Duran International, LLC

1633 Future Way, Suite 106

Celebration, FL 34747

United States

Email: concierge@ericaduran.co