Terms of Service

Updates to These Terms

We may update these Terms at any time to reflect changes in our practices, applicable law, or business operations. When we do, we will post the updated version on this page with a revised Effective Date. Your continued use of the site or our services after an update is posted constitutes your acceptance of the revised Terms. Where required by law, or where we make material changes, we may provide additional notice.

Our License to You

This site and all materials available on it — including but not limited to videos, templates, frameworks, scripts, worksheets, and training resources — are the exclusive intellectual property of Pelayo Tech Inc and are protected by applicable copyright, trademark, and intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use this site solely for your personal, non-commercial purposes. This license does not include the right to:

• Copy, modify, reproduce, republish, upload, post, transmit, translate, or distribute any material from this site
• Sell, license, sublicense, rent, or otherwise commercially exploit any content
• Repurpose, repackage, or resell our frameworks, systems, or training materials
• Claim ownership of or create derivative works from our content

You may download or print a single copy of individual pages for personal, non-commercial use, provided all copyright and proprietary notices remain intact. Any unauthorized use will result in immediate removal from all programs and may result in legal action.

Your License to Us

By submitting any content to Pelayo Tech Inc — including comments, testimonials, success stories, videos, photos, screenshots, or other material through our site, programs, Discord, social media, or directly to our team — you confirm that: (a) you are the rightful owner of that material or have the express permission of the owner to share it; and (b) you are at least 18 years old.

When you submit content, you grant Pelayo Tech Inc a perpetual, royalty-free, irrevocable, worldwide license to use, copy, modify, publish, display, distribute, and create derivative works from that material for any purpose, including marketing, education, or promotion. This includes the right to identify you by name, username, or profile handle in connection with such material.

Any content created by you for or in collaboration with Pelayo Tech Inc shall be considered a “work made for hire,” with all copyright and ownership rights vesting in Pelayo Tech Inc from the moment of creation. If applicable law does not recognize such material as a work made for hire, you hereby irrevocably assign to Pelayo Tech Inc all rights, titles, and interests in that material, including all copyrights and related intellectual property rights, without additional compensation.

Pelayo Tech Inc has the right — but not the obligation — to use or display any submitted material and may remove or decline any submission at any time for any reason without notice.

You may establish a hyperlink to this site provided the link does not imply any sponsorship, partnership, or endorsement by Pelayo Tech Inc, doing business as The Active Resellers. You may not, without our prior written consent, frame or inline link any content from this site, or incorporate our materials, content, or intellectual property into another website, platform, or service.

Disclaimers and Warranties

Throughout this site, we may link to or reference third-party websites or resources for convenience. Linking to a third-party site does not mean we endorse, sponsor, or accept responsibility for that site or anything offered on it. Opinions, advice, or information shared by third parties — including guest contributors — are the sole responsibility of those authors and do not represent the views or policies of Pelayo Tech Inc, doing business as The Active Resellers.

ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PELAYO TECH INC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE ALL INFORMATION AND MATERIALS FROM THIS SITE AT YOUR OWN RISK.

You agree to defend, indemnify, and hold harmless Pelayo Tech Inc and its owners, officers, employees, affiliates, successors, assigns, and partners from and against any and all claims, damages, costs, or expenses — including reasonable attorney’s fees — arising from your violation of these Terms, your misuse of this site, or your infringement of any third-party rights.

Online Commerce and Payments

Some areas of this site allow you to purchase programs or services. All purchases are subject to the following terms:

Individual Use: All purchases are for individual use only. Sharing your login credentials, program materials, or access with any other person is strictly prohibited and constitutes unauthorized use of copyrighted content. Violations may result in immediate termination of access without refund and may result in legal action.

Payment Responsibility: You agree to be financially responsible for all purchases made through this site. By completing a purchase, you authorize us to charge the full purchase amount — or applicable installment amounts — to your payment method on file. If you are enrolled in a payment plan, you remain responsible for completing all scheduled payments regardless of your participation level or program progress.

Failed Payments: If your payment is declined or fails, your access to paid materials will be automatically suspended. We will make reasonable efforts to contact you to resolve the issue. Access will be fully restored once payment is successfully processed.

Third-Party Merchants: Pelayo Tech Inc is not responsible for the quality, accuracy, reliability, or performance of any third-party product or service linked through this site. Any transaction between you and a third-party merchant is solely between you and that merchant. We are not liable for any loss, damage, dispute, or issue arising from such dealings.

Earnings Disclaimer

IMPORTANT: No representation, promise, or guarantee has been made by Pelayo Tech Inc or any of its affiliates regarding your potential future income, profit, revenue, or business success. Results always depend on individual effort, consistency, capital, experience, and execution.

Results shared by Pelayo Tech Inc and its students represent individual experiences and are not typical. Income and business outcomes vary significantly depending on factors including but not limited to prior experience, time invested, available capital, market conditions, and the individual’s effort and execution. We do not guarantee any specific income level, revenue result, job replacement, or business outcome.

Any figures, case studies, or income examples referenced in our marketing materials, emails, webinars, social media content, or programs are illustrative examples only and are not promises or projections of what you will achieve. Past results of students or of David Pelayo do not guarantee future results for any other individual.

You are solely responsible for the business decisions you make and the results you produce.

Community Standards

This site and our programs may include community spaces — including but not limited to Discord servers, private forums, group chats, and other interactive environments — designed to support connection, collaboration, and accountability among members of The Active Resellers.

By participating in any community space, you agree that you will not:

• Post or transmit anything illegal, abusive, defamatory, obscene, threatening, or otherwise inappropriate
• Share materials that violate copyrights, trademarks, privacy rights, or publicity rights
• Harass, spam, or solicit other members
• Collect contact details or personal information from other members for marketing or solicitation purposes
• Impersonate any person or entity, or misrepresent your affiliation with any person or organization
• Use community spaces for commercial gain, outside promotions, or solicitation without our prior written permission
• Interfere with or disrupt our systems, servers, or networks

Pelayo Tech Inc reserves the right to remove or restrict access to any user who violates these standards or disrupts the community at any time and for any reason, without notice or refund. We also reserve the right to monitor community spaces, edit or delete content, and disclose information to authorities if required by law or necessary to protect the integrity of the community and its members.

Registration and Account Security

To access certain areas or features of this site, you may be required to register and provide accurate, current, and complete information. You agree to maintain the accuracy of this information and to update it promptly if it changes. If we have reasonable grounds to believe that information you have provided is false, incomplete, or misleading, we reserve the right to suspend or terminate your account and restrict your access without notice.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether conducted by you or by any other person using your credentials. You agree to notify us immediately at the address below if you suspect any unauthorized use of your account or any other security breach.

Pelayo Tech Inc is not liable for any loss, damage, or unauthorized activity that results from your failure to maintain the security of your account credentials.

Limitation of Liability

UNDER NO CIRCUMSTANCES — INCLUDING BUT NOT LIMITED TO NEGLIGENCE — SHALL PELAYO TECH INC, OR ANY OF ITS OWNERS, OFFICERS, PARTNERS, AFFILIATES, TEAM MEMBERS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE THIS SITE; (B) OUR PROGRAMS, MATERIALS, VIDEOS, EMAILS, OR COACHING; OR (C) ANY THIRD-PARTY PRODUCTS OR SERVICES LINKED THROUGH THIS SITE. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions where limitations on certain types of damages are not permitted, our total liability to you for any claim arising from or related to these Terms shall not exceed the total amount you paid to Pelayo Tech Inc in the 90 days preceding the claim.

Pelayo Tech Inc is not a financial, investment, or legal advisory service. All materials, training, and content provided through this site and our programs are for educational and informational purposes only. Nothing shared through our site, programs, emails, or coaching should be construed as financial, tax, accounting, or legal advice. You are solely responsible for consulting licensed professionals before making any business or financial decisions.

Intellectual Property and DMCA

All content on this site and within our programs — including but not limited to written materials, video content, frameworks, templates, scripts, worksheets, recorded calls, branding, and system documentation — is the intellectual property of Pelayo Tech Inc and is protected by United States and international copyright and trademark law.

If you believe in good faith that any material hosted on this site infringes your copyright, you or your authorized agent may submit a written DMCA takedown notice requesting removal or blocking of that material. Any notice that fails to comply with the statutory requirements of the Digital Millennium Copyright Act of 1998 will not be considered valid notice.

If you believe in good faith that a takedown notice has been wrongly filed against you, you may submit a counter-notice in accordance with the DMCA. For complete requirements, visit www.loc.gov/copyright.

All DMCA notices and counter-notices must be directed to: [email protected]

Termination

Pelayo Tech Inc reserves the right to suspend or terminate your access to this site or any of our programs at any time, with or without notice, for any conduct that we determine — in our sole discretion — violates these Terms or is harmful to other users, us, or third parties. Upon termination, your license to use this site ceases immediately.

All provisions of these Terms that by their nature should survive termination — including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability — will survive.

Refund Policy

Purchases of programs, services, or digital products from Pelayo Tech Inc are subject to the refund terms stated at the point of purchase. Where a specific refund policy is provided for a program, that policy governs. Where no specific refund policy is stated, all sales are final and no refunds will be issued. By completing your purchase and acknowledging the refund terms at checkout, you agree to those terms. If you have a billing concern, refund question, or payment issue, you agree to contact us first so we can attempt to resolve the matter directly.

If you are on a payment plan, you are obligated to complete all scheduled payments in full, regardless of your participation level or program progress. Failure to complete payments may result in suspension of access and referral to a collections process.

SMS Messaging Terms

If you opt in to receive SMS or text messages from Pelayo Tech Inc, you agree to the following terms: (i) you consent to receive recurring transactional, informational, and marketing text messages from us at the mobile number you provided, including messages sent using an autodialer; (ii) consent is not a condition of any purchase; (iii) message frequency varies; (iv) message and data rates may apply; (v) you may opt out at any time by replying STOP to any message, and you may request help by replying HELP; and (vi) we do not share or sell mobile information, phone numbers, or SMS consent records to third parties or affiliates for their marketing purposes. Full details are described in our Privacy Policy. Carriers are not liable for delayed or undelivered messages. Message delivery is subject to the terms and conditions of your mobile carrier. Opt-out requests will be honored as required by applicable law.

Governing Law, Dispute Resolution, and Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding individual arbitration in Merced County, California, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

CLASS ACTION WAIVER: You expressly waive any right to participate in a class action lawsuit or class-wide arbitration. All disputes must be brought and resolved on an individual basis only.

Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction in Merced County, California, to prevent irreparable harm pending the outcome of arbitration.

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We reserve the right to assign or transfer any rights and obligations under these Terms to any affiliated entity, subsidiary, or successor at any time without notice.

If any provision of these Terms is found by a court or arbitrator to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any program-specific terms provided at the point of purchase, constitute the entire agreement between you and Pelayo Tech Inc with respect to your use of this site and our services, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to the subject matter herein.

Contact Us

For questions about these Terms, to report a violation, or to submit a DMCA notice, please contact us using the details below: