1. Introduction and Acceptance of These Terms
1.1. Who We Are: These Terms of Service ("Terms," "Agreement") are a legally binding agreement between you ("User," "Student," "You," "Your") and Serena Archetti Ltd. ("Provider," "We," "Us," "Our").
1.2. What These Terms Cover: These Terms govern Your access to and use of Our website located at https://learn.serenaarchetti.com (the "Website"), and Your purchase, access to, and use of all Our online courses, programs, workshops, masterclasses, or other digital educational content (collectively, "Courses") and any separately purchasable digital resources, such as brush packs, templates, e-books, guides, or other digital assets (collectively, "Resource Packs"). Courses and Resource Packs are collectively referred to as "Digital Products." The specific features and components of each Digital Product are as described on the relevant sales page on Our Website or Platform at the time of Your purchase.
1.3. Accepting These Terms: By accessing or using Our Website, or by purchasing, accessing, or using any Digital Product, You confirm that You accept these Terms and that You agree to comply with them. If You do not agree to these Terms, You must not use Our Website or purchase, access, or use any Digital Product. We recommend that You print a copy of these Terms for future reference.
1.4. Other Applicable Terms: These Terms refer to the following additional terms, which also apply to Your use of Our Website and Digital Products: Our Privacy Policy https://www.serenaarchetti.com/privacy, which explains how We collect, use, and store Your personal data. If Our Digital Products are hosted on a third-party platform (currently Podia.com, hereinafter "Platform Provider"), Your use of that platform is also subject to the Platform Provider's own Terms of Service and Privacy Policy. This Agreement governs Your relationship with Us concerning Our Website and the Digital Products themselves.
1.5. Changes to These Terms: We may amend these Terms from time to time. Every time You wish to use Our Website or Digital Products, please check these Terms to ensure You understand the terms that apply at that time. Your continued use of or access to Our Website or any Digital Product following the posting of any changes constitutes acceptance of those modified terms.
In these Terms, the following definitions apply:
"Agreement" or "Terms": These Terms of Service.
"Website": Our website located at https://learn.serenaarchetti,com, including all its pages and content.
"Digital Products": Collectively, any and all Courses and Resource Packs offered for sale by Us.
"Courses": Online courses, programs, workshops, masterclasses, or other digital educational content offered by Us.
"Resource Packs": Separately purchasable digital resources, such as brush packs, templates, e-books, guides, or other digital assets offered by Us.
"Provider," "We," "Us," "Our": Serena Archetti Ltd.
"User," "Student," "You," "Your": The individual or entity that is accessing or using Our Website or has purchased, is accessing, or using any Digital Product.
"Content": Any and all text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, digital brushes, templates, and other materials, resources, and forms of information accessible on Our Website or through or forming part of any Digital Product.
"Intellectual Property Rights": All patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Lifetime Access": Access to the specific version of the Digital Product (Course or Resource Pack) that You purchased, for the duration that this version of the Digital Product is actively offered, supported, and maintained by Us on Our designated Platform or Website. "Lifetime Access" is therefore defined by the operational lifetime of the Digital Product itself, not Your lifetime. This access will cease if We, in Our sole discretion, discontinue, retire, or otherwise cease to make the Digital Product available.
"Platform": The website, learning management system (LMS), or other digital environment through which Our Digital Products are delivered and accessed. (The current Platform Provider is Podia, as referenced in Clause 13.7).
"UK GDPR": The retained EU law version of the General Data Protection Regulation ((EU) 2016/679) as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (SI 2019/419) and any successor legislation.
3.1. Eligibility: To purchase and use any Digital Product, or create an account on Our Website or Platform, You must be at least 16 years of age. If You are under 16 years of age, You may only use Our Website and Digital Products with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on Your behalf. If You are a parent or legal guardian allowing a person under 16 years of age (a "Minor") to use Our Website or Digital Products, You agree to: (i) supervise the Minor's use; (ii) assume all risks associated with the Minor's use; (iii) ensure the accuracy and truthfulness of all information submitted by You or the Minor; and (iv) assume full responsibility for the Minor’s compliance with these Terms.
3.2. Account Creation and Security: To access certain features of Our Website or Our Digital Products, You may need to register for an account ("Account"). You must provide accurate and complete information and keep Your Account information updated. You are responsible for maintaining the confidentiality of Your Account password and login details. You are fully responsible for all activities that occur under Your Account. The sharing of Your login credentials with any third party is strictly prohibited. Each Account is for a single user only. You must notify Us immediately of any unauthorized use of Your password or Account or any other breach of security.
3.3. Acceptable Use of Our Website, Digital Products and Prohibited Conduct:
3.3.1. You agree to use Our Website and Digital Products only for lawful purposes and in a manner that does not infringe Our rights or the rights of any third party, or restrict or inhibit the use and enjoyment of the Website or Digital Products by any third party. You shall also comply with any Platform Provider's rules of conduct if applicable.
3.3.2. Specifically, You must not, and must not attempt to:
(a) Violate any applicable local, national, or international law or regulation.
(b) Copy, reproduce, record, download (except for materials explicitly designated as downloadable for personal use as part of a specific Digital Product and subject to the licence terms in Clause 4.1), republish, broadcast, transmit, distribute, perform, display, sell, resell, rent, lease, loan, license, sublicense, modify, translate, adapt, create derivative works from (except as permitted for Resource Packs in Clause 4.1.2), or otherwise exploit any Content from Our Website or any Digital Product for any purpose not expressly permitted herein or without Our express prior written permission (as further detailed in Clause 7: Intellectual Property Rights).
(c) Engage in any activity that could damage, disable, overburden, or impair Our Website, the Platform, or interfere with any other party's use of the Website or Digital Products.
(d) Introduce or transmit any worms, viruses, Trojan horses, logic bombs, spyware, or other material which is malicious or technologically harmful to or via Our Website or Digital Products.
(e) Post, upload, share, transmit, or otherwise make available any content on Our Website or within any community features associated with a Digital Product (if any) that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
(f) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
(g) Interfere with or circumvent the security features of Our Website, Digital Products, the Platform, or any related website.
3.3.3. No Text or Data Mining, or Web Scraping: You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Our Website, Our Digital Products, the Content, or the Platform, or any services provided via, or in relation to, the same. This includes using (or permitting, authorising or attempting the use of):
(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of Our Website, Digital Products, Content, or Platform or any data, information or services accessed via the same.
(b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. The provisions in this clause should be treated as an express reservation of Our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790) or any equivalent UK legislation. This clause will not apply insofar as (but only to the extent that) We are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to Us.
3.3.4. A breach of these acceptable use provisions may result in immediate suspension or termination of Your access to Our Website and/or the relevant Digital Product(s) by Us, without refund, and may also subject You to civil or criminal liability.
4.1. Grant of Licence: Subject to Your compliance with these Terms and full payment of the applicable Fee for a specific Digital Product, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Content of the purchased Digital Product as follows, for the Term (as defined by Lifetime Access):
4.1.1. For Courses: The licence granted is solely for Your personal, non-commercial, educational purposes.
4.1.2. For Resource Packs (including but not limited to brush packs, templates, etc.): The licence granted is for Your personal and commercial use in the creation of Your own original derivative works ("End Products"). You may use the Resource Packs as part of Your own artwork or projects, including those intended for sale. However, this licence expressly prohibits You from reselling, redistributing, sublicensing, sharing, or otherwise making the original Resource Pack files or their direct derivatives (e.g., slightly modified brushes offered as a new brush pack) available to any third party, whether for free or for a fee. The Resource Packs themselves, or minor modifications thereof, cannot be the primary value of an item offered for sale or distribution by You. This overall licence is for individual use only by You. All rights not specifically licenced by this Agreement are reserved to Us.
4.2. 'Lifetime Access' Explained: "Lifetime Access" means access to the specific version of the Digital Product You purchased, for the duration that this version is actively offered and maintained by Us on Our designated Platform or Website. It does not mean Your natural lifetime. We reserve the right to discontinue, retire, or modify Digital Products at Our discretion. If a Digital Product You purchased is discontinued, Your Lifetime Access to that specific Digital Product will terminate. We may update Content within Digital Products; such updates do not entitle You to a refund if the core offering remains substantially available during its active lifetime.
4.3. Conditions for Access: Your access to Digital Products is conditional upon Our receipt of Your payment in full. You are responsible for ensuring You have the necessary compatible hardware, software (e.g., Procreate, which must be purchased separately unless stated otherwise), and internet connectivity. We are not responsible for technical issues on Your end. While We and any Platform Provider will take reasonable steps to ensure availability of Digital Products, We do not guarantee uninterrupted access.
5.1. Fees and Payment: The fee for each Digital Product ("Fee") is as stated on the sales page at the time of purchase. Payment must be made in full at the time of purchase via the methods provided on Our Website or Platform. Access is granted upon successful payment processing. We may change Fees for future purchases, but this will not affect confirmed orders. If payment plans are offered, their terms will be communicated at purchase; failure to meet payment plan terms may result in suspension or termination of access.
5.2. Currency: Fees are payable in the currency specified on the sales page. You are responsible for any currency conversion rates or transaction fees from Your payment provider.
5.3. Taxes: Fees displayed are inclusive of UK VAT where applicable. For Users outside the UK, You are responsible for any local taxes or duties.
6. Cancellations and Refunds (for Digital Products)
6.1. Right to Cancel (Cooling-Off Period for UK/EU Consumers): If You are a UK/EU consumer, You have a statutory right to cancel Your purchase of a Digital Product within 14 days of contract conclusion (purchase confirmation) without giving a reason. To cancel, You must inform Us by a clear statement (e.g., email to the address in Clause 13.6) before this period expires. If You cancel validly within this period and have not waived Your cancellation right as per Clause 6.2, You will receive a full refund within 14 days of Us being informed of Your decision, via Your original payment method.
6.2. Waiver of Cancellation Right for Immediate Access to Digital Content:
You acknowledge and agree that all Digital Products consist of digital content intended for immediate access, consumption, or use directly following Your successful payment. As stated by the platform provider (e.g., Podia), after a successful payment, You will typically be able to access Your purchased Digital Product right away. (a) For Resource Packs, this means You will usually be provided with the ability to download the Content immediately. (b) For Courses, this means You will usually be provided with access details (e.g., login credentials via email) allowing You to sign up and log in to access the Course Content immediately.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Your 14-day right to cancel (as described in Clause 6.1) is lost for digital content not supplied on a tangible medium if the supply begins with Your express consent and Your acknowledgement that You thereby lose Your cancellation right.
When You purchase a Digital Product, You will be required to tick a checkbox confirming You agree to these Terms of Service and Our Privacy Policy. These Terms of Service, specifically this Clause 6.2, explain that by proceeding to download or access Your purchased Digital Product, You are expressly consenting to the immediate supply of the digital content and acknowledging the loss of Your 14-day cancellation right.
Therefore, by accepting these Terms of Service (via the checkbox at purchase) and subsequently proceeding to: (i) download any part of a Resource Pack; or (ii) complete Your signup using the provided access details and log in to any Course; You affirm Your express request and consent to the immediate supply of the digital content beginning before the end of the 14-day cancellation period, and You acknowledge that You will consequently lose Your statutory right to cancel Your purchase.
We will confirm Your express consent and acknowledgement of the loss of Your cancellation right on a durable medium (for example, within Your purchase confirmation email) once the supply of the digital content has begun or shortly thereafter.
6.3. Our Refund Policy (Beyond Statutory Rights)
The following refund policy applies in addition to Your statutory cancellation rights as described in Clauses 6.1 and 6.2:
6.3.1. For Resource Packs: Except as provided by Your statutory rights (Clause 6.1), all sales of Resource Packs are final. We do not offer refunds for Resource Packs once the supply of the digital content has begun with Your express consent and acknowledgement of the loss of Your cancellation right as described in Clause 6.2, or after the 14-day cooling-off period has expired (if applicable and not waived).
6.3.2. For Courses (30-Day Money-Back Guarantee): We offer a 30-day "no questions asked" money-back guarantee for all Our Courses. This guarantee is valid for 30 calendar days from the date of Your purchase of the Course.
(a) If You are not satisfied with a Course for any reason, You may request a full refund of the Fee paid for that specific Course within this 30-day period.
(b) To request a refund under this 30-day guarantee, please contact Us via the email address provided in Clause 13.6, including Your name, email address used for the purchase, the name of the Course, and the date of purchase.
(c) We will process Your refund to Your original method of payment within a reasonable timeframe, typically within 7-14 business days of confirming Your eligibility for the refund.
(d) This 30-day money-back guarantee is offered in addition to, and does not affect, Your statutory cancellation rights as outlined in Clauses 6.1 and 6.2. If You exercise Your statutory right to cancel within 14 days (where applicable and not waived), those terms will apply. If You are outside the 14-day statutory cancellation period (or if it has been waived as per Clause 6.2) but are within the 30-day guarantee period for a Course, You may still claim a refund under this guarantee.
(e) This 30-day money-back guarantee applies only to Courses and not to Resource Packs.
(f) We reserve the right to address any suspected abuse of this guarantee policy on a case-by-case basis. However, for genuine requests made within the 30-day period, the "no questions asked" principle will apply.
7.1. Our Ownership: All Content on Our Website and within any Digital Product (including text, videos, graphics, designs, trademarks, digital brushes, templates, etc.) and the overall structure and appearance of Our Website and Digital Products are Our sole and exclusive property or that of Our licensors. This Content is protected by UK and international intellectual property laws. All rights not expressly granted are reserved by Us.
7.2. How You May Use Our Content (Restrictions):
7.2.1. Your right to use Content on Our Website is limited to accessing and viewing it for Your personal, non-commercial information, subject to these Terms.
7.2.2. The licence granted in Clause 4.1 defines how You may use the Content of purchased Digital Products.
7.2.3. You must not copy, record, reproduce, republish, distribute, sell, resell, or otherwise make available to any third party any Content from Our Website or any Digital Product, except as explicitly permitted for Resource Packs in Clause 4.1.2 for incorporation into Your End Products. No Digital Product, in its original or slightly modified form, may be resold, redistributed, or sublicensed by You.
7.2.4. You must not modify, alter, or create derivative works from any Content on Our Website or from any Digital Product, except that Resource Packs may be used to create derivative End Products as permitted by Clause 4.1.2. Reverse engineering or decompiling any software-based Content is prohibited.
7.2.5. You must not remove or alter any copyright, trademark, or other proprietary notices on Our Website or within Our Digital Products.
7.2.6. You must not share Your Account login credentials.
7.2.7. You must not use any Content from any Course for any commercial purpose (e.g., training others, creating competing products) without Our express prior written consent. For Resource Packs, while they may be used in Your commercial End Products as per Clause 4.1.2, the Resource Packs themselves may not be repackaged, resold, or used as the primary basis of a commercial offering by You.
7.2.8. Your use of Our Content and trademarks shall benefit Us.
7.3. User-Generated Content (If Applicable): If Our Website or any Course allows You to submit content ("User-Generated Content" or "UGC"):
7.3.1. You retain ownership of Your original UGC.
7.3.2. By submitting UGC, You grant Us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such UGC in connection with operating, delivering, marketing, and promoting Our Website, Courses, or Our business.
7.3.3. You warrant that You own or have all necessary rights to submit the UGC and that it does not infringe any third-party rights or violate any laws or this Agreement.
7.3.4. We do not endorse and are not liable for UGC, and reserve the right to remove any UGC.
8.1. Earnings and Results Disclaimer (for Digital Products): We make no guarantees regarding any specific financial earnings, income, artistic skill level, or other results You may achieve from using any Digital Product. Any examples or testimonials are illustrative only. Your success depends on Your effort and other factors.
8.2. No Professional Advice Disclaimer: Content on Our Website and in Digital Products is for general informational and educational purposes only and is not professional (e.g., financial, legal, therapeutic) advice. Consult qualified professionals for specific advice.
8.3. Website Information: The content on Our Website is provided for general information only. It is not intended to amount to advice on which You should rely. Although We make reasonable efforts to update the information on Our Website, We make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete or up to date.
8.4. Warranty Disclaimer: EXCEPT FOR ANY STATUTORY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED (SUCH AS THOSE RELATING TO THE SUPPLY OF DIGITAL CONTENT BEING OF SATISFACTORY QUALITY, FIT FOR PURPOSE AND AS DESCRIBED), ALL OUR WEBSITE, DIGITAL PRODUCTS, THE PLATFORM (TO THE EXTENT OF OUR RESPONSIBILITY FOR CONTENT THEREON), AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE OR ANY DIGITAL PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
8.5. We are not responsible for websites We link to: Where Our Website contains links to other sites and resources provided by third parties, these links are provided for Your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them. We have no control over the contents of those sites or resources.
9.1. Scope of Limitation: TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE OUR WEBSITE, ANY DIGITAL PRODUCT, OR THE PLATFORM.
9.2. Maximum Liability: OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OUR WEBSITE, OR ANY DIGITAL PRODUCT SHALL NOT EXCEED THE GREATER OF THE TOTAL FEE PAID BY YOU TO US FOR THE SPECIFIC DIGITAL PRODUCT GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.
10.1. Termination by Us: We may terminate or suspend this Agreement and Your access to Our Website and/or any or all Digital Products immediately, by written notice, if You breach any material term of this Agreement (including non-payment, IP infringement, or violation of acceptable use). In such cases, payments made will belong to Us, and You will not be entitled to a refund for the affected Digital Product(s). We also reserve the right to suspend or withdraw Our Website or any Digital Product for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal where practicable.
10.2. Termination by You: You may stop using Our Website or any Digital Product at any time. Terminating Your Account with the Platform Provider is subject to their terms. Ceasing use or terminating Your Account does not entitle You to a refund from Us, except under Your statutory rights (Clause 6).
10.3. Effect of Termination: Upon termination of access to a Digital Product, Your right to use its Content ceases. Provisions that by their nature should survive termination (e.g., Intellectual Property, Disclaimers, Limitation of Liability, Governing Law) will continue to apply.
11.1. Our Privacy Policy: Our collection and use of Your personal information are governed by Our Privacy Policy https://www.serenaarchetti.com/privacy, which is part of this Agreement. Your data may also be processed by the Platform Provider according to their privacy policy.
11.2. Compliance: We will process Your personal data in compliance with applicable data protection laws, including the UK GDPR.
12.1. Governing Law: This Agreement and any dispute or claim arising from it (including non-contractual disputes) shall be governed by and construed in accordance with Scots law.
12.2. Jurisdiction: The courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising from this Agreement.
13.1. Entire Agreement: This Agreement, Our Privacy Policy, and any specific payment terms constitute the entire agreement between You and Us regarding the Website and Digital Products, superseding all prior communications.
13.2. Severability: If any provision of this Agreement is found invalid, illegal, or unenforceable, it shall be deemed deleted, and the rest of the Agreement shall remain in effect.
13.3. Waiver: No waiver of any term by Us shall imply a further waiver of that or any other term. Any waiver must be in writing.
13.4. Assignment: Your rights under this Agreement are personal to You and cannot be transferred without Our prior written consent. We may assign Our rights and obligations under this Agreement without Your consent.
13.5. Notices: Notices to Us should be sent to the email address in Clause 13.6. Notices to You will be sent to the email address associated with Your Account or provided by You.
13.6. Contact Us: For questions, concerns, or notices regarding this Agreement, Our Website, or any Digital Product, please contact Us at: support@serenaarchetti.com.
13.7. Third-Party Platform: You acknowledge that Our Digital Products may be delivered via a third-party Platform (currently Podia). Your use of the Platform is subject to the Platform Provider's own Terms of Service and Privacy Policy. We are not responsible for the Platform's operation or availability, except for Our Content on it. Disputes related to the Platform's general operation should be directed to the Platform Provider. This Agreement governs Your relationship with Us regarding Our Website and Digital Products.
Effective Date of Terms of Service: May 26, 2025