Effective Date: The date on which Licensee pays the invoice issued by Mike Weinberg Sales, LLC for access to the Licensed Materials.
By paying an invoice issued by Mike Weinberg Sales, LLC (“Licensor”), you (“Licensee”) acknowledge that you have read, understood, and agreed to be bound by this End User License Agreement (“Agreement”).
If you do not agree to these terms, do not pay the invoice, access, or use the Licensed Materials.
For the purposes of this Agreement, ‘Licensee’ means either (a) an individual person or (b) a single legal entity identified on the invoice. Licensed Materials may only be accessed and used by the Licensee personally (if an individual) or by employees of the Licensee (if a business entity). Contractors, consultants, and other third parties are not permitted to use the Licensed Materials unless they purchase a separate license.
1. Licensed Materials
Licensor grants Licensee a non-exclusive, non-transferable, revocable license to access and use the intellectual property (“Licensed IP”) provided under any subscription-based product or program offered by Licensor, including but not limited to video content, downloadable PDFs, worksheets, exercises, AI Accelerators (Custom GPTs), and any related tools or materials, whether currently existing or introduced in the future.
Licensed IP is accessible solely through Licensor’s website (mikeweinberg.com) or designated third-party platforms, as applicable. Examples include, but are not limited to:
- Video content created by Mike Weinberg Sales, LLC
- Your Sales Story with AI Assist
- AI Accelerators (Custom GPTs consisting of instructions and knowledge files for use with the OpenAI ChatGPT platform)
- Any other training, coaching, enablement, or Gen AI Acceleration product offered by Mike Weinberg Sales, LLC under a subscription license.
2. Permitted Use
Licensee may use the Licensed IP only for its own internal business purposes (if the Licensee is an organization) or for the Licensee’s personal professional development or non-commercial use (if the Licensee is an individual) and only via mikeweinberg.com. No installation or hosting on Licensee’s own systems is permitted. Access to the Licensed IP is limited to the Licensee personally or, in the case of an organization, its employees for permitted purposes only.
3. ChatGPT License Requirement
Access to the AI Accelerators requires an active, paid ChatGPT license or subscription obtained directly from OpenAI. Such license is not provided by Mike Weinberg Sales, LLC, and failure to maintain it may limit or prevent use of the AI Accelerators.
Licensor is not responsible for OpenAI subscription costs.
Licensee acknowledges that loss of ChatGPT access may impact use of Licensed IP.
4. OpenAI Platform Availability
The AI Accelerators rely on the OpenAI platform. Licensor is not responsible for any outages, unavailability, or service interruptions caused by OpenAI or related third parties. No refunds or credits will be issued for such outages; however, Licensor may, at its discretion, extend the subscription period if outages exceed 30 consecutive days.
5. Restrictions
Licensee agrees NOT to:
- Download, copy, share, or distribute Licensed IP outside of the Licensee (if an individual) or the Licensee’s employees (if a business entity). Sharing with contractors, consultants, affiliates, or any non-employee individuals is strictly prohibited.
- Modify, alter, or create derivative works based on the Licensed IP.
- Attempt to bypass security or extract Licensed IP for offline use.
- Access, extract, decompile, reverse engineer, or otherwise interfere with the proprietary “knowledge files” or “instructions” that power the AI Accelerators, as doing so breaches Licensor’s intellectual property rights.
6. Ownership
Licensor retains all right, title, and interest in the Licensed IP. This Agreement grants a license only; no ownership is transferred.
7. Support & Maintenance
Licensor may update or modify the Licensed IP at any time but is not obligated to provide ongoing support, maintenance, or feature enhancements.
8. Term & Termination
This Agreement becomes effective on the date Licensee pays the invoice and will remain in effect for the License term stated on that invoice, unless terminated earlier for breach.
If no License term is stated on the invoice, the License will default to a 12‑month term from the invoice date.
Licenses are for a subscription term only. Perpetual licenses are not offered under this Agreement.
Upon expiration or termination, Licensee must stop using the Licensed Materials and delete any downloaded copies.
All fees are non-refundable. Licenses do not automatically renew unless expressly agreed in writing.
Licensor may terminate access immediately if Licensee breaches this agreement, including any unauthorized sharing or use of Licensed Materials.
No refund shall be provided upon termination for breach.
9. Limitation of Liability
Licensor shall not be liable for indirect, incidental, special, consequential, or punitive damages. Licensor’s total liability for any claim shall not exceed the fees paid by Licensee in the 12 months preceding the claim.
10. Dispute Resolution
Any disputes will first be handled through good‑faith negotiation. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association.
Arbitration shall be conducted in St. Louis, Missouri, USA. Each party shall bear its own costs, but Licensor will cover AAA filing fees for claims under $10,000 to avoid undue hardship on Licensee.
If arbitration is not enforceable in licensee’s jurisdiction, the parties agree that any claim or dispute shall be heard exclusively in the state or federal courts located in St. Louis county, Missouri, USA.
11. Force Majeure
Licensor is not liable for delays or failures caused by events beyond its control, including OpenAI outages, internet failures, or third‑party disruptions.
Force majeure also includes pandemics, government restrictions, strikes, natural disasters, and other events beyond licensor’s reasonable control.
12. Governing Law
This Agreement is governed by the laws of the State of Missouri, USA. For any disputes not subject to arbitration, the parties submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, Missouri.
13. Entire Agreement
This Agreement is the entire understanding between Licensor and Licensee regarding the Licensed IP and supersedes all prior agreements.
14. Data Privacy & Confidentiality
Licensor does not access, store, or process licensee data other than what is strictly necessary to provide the licensed materials. Licensor makes no representation that licensed materials are designed to process or store personal data, and Licensee agrees not to use them for such purposes.
Licensee is responsible for ensuring any use of Licensed Materials complies with applicable privacy and data protection laws.
15. Audit & Suspension Rights
Licensor reserves the right to audit licensee’s use of licensed materials to ensure compliance. If the Licensee is an organization, it agrees to cooperate and provide reasonable information necessary to verify compliance. If the Licensee is an individual, Licensor may instead rely on usage data or other reasonable means to confirm compliance. If unauthorized use or sharing is detected, Licensor may suspend or terminate access immediately without refund.
16. No Warranties
Licensed materials are provided “as is” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
17. Applicability to Future Offerings
This Agreement applies to all current and future subscription-based products or services offered by Licensor that provide access to Licensed IP. Licensor may add, remove, or modify the nature, features, or delivery method of the Licensed IP without requiring a new agreement. By continuing to access or use any Licensed IP after the introduction of such updates or new offerings, Licensee agrees to be bound by the updated terms of this Agreement.
18. Changes to the Agreement
Licensor reserves the right to modify this Agreement at any time by posting an updated version at https://www.mikeweinberg.com/end-user-license-agreement-eula/ or by notifying Licensee via the email associated with their account. Continued access or use of Licensed IP after such changes become effective constitutes acceptance of the revised Agreement. No affirmative action or re-acceptance by Licensee is required.
19. GDPR / UK Data Protection Addendum
This section applies only where Licensee is located in the European Union, European Economic Area, Switzerland, or the United Kingdom.
Definitions. Personal data has the meaning given under the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and the UK GDPR (as retained in UK law). Processing means any operation performed on personal data, including storage, access, or deletion. Other terms such as Controller, Processor, and Data Subject have the meanings set out in the GDPR.
Roles of the Parties. Licensee is the Controller of any personal data entered or uploaded when using the Licensed Materials. Licensor (Mike Weinberg Sales, LLC) does not act as a Processor and does not process personal data on behalf of Licensee.
Minimal Data Handling. Licensor does not request, collect, or store personal data beyond what is strictly necessary to provide access to Licensed Materials (for example: invoice, payment, and account contact details). Any personal data shared with Licensor is processed solely for performance of the Agreement and for compliance with legal obligations such as record‑keeping for tax.
Licensee Obligations. Licensee will ensure that any personal data entered into or used with the Licensed Materials complies with all applicable data protection laws. Licensee agrees not to upload or input special category data (such as health data, political opinions, or biometric data) into the Licensed Materials.
Cross‑Border Transfers. Licensor is based in the United States. By using the Licensed Materials, Licensee acknowledges and agrees that minimal contact data (for example: invoice and account information) may be transferred to the United States for the purposes described in this section. Licensor will rely on appropriate safeguards for such transfers, including Standard Contractual Clauses or equivalent measures where legally required.
Data Subject Rights. If a data subject requests access, correction, or deletion of their personal data, Licensor will reasonably assist Licensee to fulfill its legal obligations under GDPR or UK GDPR. Requests should be sent to support@mikeweinberg.com.
Retention and Deletion. Licensor retains only the minimal personal data necessary for invoicing and legal compliance. On written request, Licensor will delete Licensee‑related personal data except data required by law for tax or record‑keeping.
Liability and Governing Law. This section is governed by the same law and dispute resolution provisions as the main Agreement unless otherwise required by EU or UK law.
Notice
By paying an invoice for access to Licensed Materials, Licensee confirms acceptance of this Agreement and the license term specified on that invoice.
