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Terms of Service

Last Updated: April 28, 2026  ·  The SMB Academy, a division of Earnings & Profits LLC

Please read these Terms of Service carefully before purchasing, accessing, or using any program, course, template, or service offered by The SMB Academy. By accessing or purchasing any product, you agree to be bound by these Terms.

1. About The SMB Academy

The SMB Academy is a digital education platform operated by Earnings & Profits LLC, a limited liability company organized under the laws of the State of New York. The SMB Academy offers digital courses, curriculum programs, legal document templates, guides, and related educational content to small and midsized business owners and entrepreneurs.

The SMB Academy is an educational platform only. Nothing offered through The SMB Academy constitutes legal, financial, tax, investment, or professional advice of any kind. All content is provided strictly for informational and educational purposes.

2. Acceptance of Terms

By accessing thesmbacademy.com, purchasing any product, or enrolling in any program, you confirm that you have read, understood, and agree to be bound by these Terms of Service and all applicable policies incorporated herein, including the Privacy Policy. If you do not agree to these Terms, you may not access or use The SMB Academy platform or purchase any products.

These Terms apply to all visitors, users, purchasers, and affiliates of The SMB Academy.

3. Products and Digital Content

3.1 Nature of Products

The SMB Academy offers the following categories of digital products:

  • Video-based educational courses and curriculum programs
  • Fillable legal document templates
  • Business planning guides and frameworks
  • eBooks and written educational resources
  • Bundled program packages
  • Platform-delivered service programs including the Business Credit Builder

3.2 Digital Delivery

All products are delivered digitally. Upon confirmed payment, access instructions or download links are provided to the email address associated with your purchase. The SMB Academy is not responsible for delivery failures resulting from incorrect email addresses provided at checkout.

3.3 No Professional Advice

Legal document templates sold by The SMB Academy are provided as educational and informational tools only. They do not constitute legal advice. No attorney-client relationship is created through the purchase of any template, course, or program offered by The SMB Academy. You are strongly encouraged to consult a licensed attorney before executing any legal document. Similarly, no financial, tax, or investment advice is provided through any SMB Academy product. Consult a licensed CPA, financial advisor, or tax professional before making financial decisions.

4. Pricing and Payment

4.1 Pricing

All prices are listed in United States Dollars (USD). The SMB Academy reserves the right to modify pricing at any time without prior notice. Price changes do not affect purchases already completed.

4.2 Payment Processing

Payments are processed through Gumroad, a third-party payment processor. By completing a purchase, you also agree to Gumroad's applicable terms of service and privacy policy. The SMB Academy does not store your payment card information.

4.3 Advisory Cohort

The SMB Academy Advisory Cohort requires a separate application and acceptance process. Tuition of $9,997.97 is collected only upon acceptance and execution of a separate Advisory Agreement. Submission of an application does not guarantee acceptance or create any contractual obligation on the part of The SMB Academy.

5. Refund Policy

5.1 Digital Products

Due to the immediate digital delivery nature of all SMB Academy products, all sales are final. No refunds are issued once a product has been delivered or access has been granted. Please review all product descriptions carefully before purchasing.

5.2 Exceptions

Refund requests will be considered on a case-by-case basis only where a product was not delivered due to a technical error attributable to The SMB Academy. All refund exception requests must be submitted to support@thesmbacademy.com within 7 days of purchase with documentation of the delivery failure.

5.3 Chargebacks

Initiating an unauthorized chargeback for a delivered digital product constitutes a violation of these Terms. The SMB Academy reserves the right to pursue all available legal remedies for unauthorized chargebacks.

6. Intellectual Property

6.1 Ownership

All content, materials, courses, templates, frameworks, branding, copy, and intellectual property available through The SMB Academy are the exclusive property of Earnings & Profits LLC and are protected by United States copyright law, trademark law, and other applicable intellectual property laws.

6.2 License to Purchasers

Upon purchase, you are granted a limited, non-exclusive, non-transferable, personal license to access and use the purchased product for your own individual business purposes only. This license does not include the right to:

  • Reproduce, copy, or redistribute any product content
  • Resell, sublicense, or transfer any product to any third party
  • Modify, adapt, or create derivative works from any product
  • Use any product content in any commercial training, education, or resale capacity
  • Share account credentials or access links with any other individual

6.3 Affiliate Program

Participation in the E&P Partner Program grants affiliates a limited, non-exclusive license to promote designated SMB Academy products only. No ownership rights, copyright, or intellectual property interest is conferred through affiliate participation. All intellectual property remains the exclusive property of Earnings & Profits LLC. Affiliate licenses are revocable at will.

7. User Conduct

You agree not to use The SMB Academy platform or any purchased product to:

  • Violate any applicable federal, state, or local law or regulation
  • Infringe upon the intellectual property rights of Earnings & Profits LLC or any third party
  • Engage in any fraudulent, deceptive, or misleading conduct
  • Reverse engineer, decompile, or attempt to extract source code from any SMB Academy platform or product
  • Upload or transmit any virus, malware, or other harmful code
  • Use automated tools to scrape, crawl, or extract content from the platform

Violations of this section may result in immediate termination of access without refund and may subject you to legal action.

8. Third-Party Services and Affiliate Links

The SMB Academy may recommend or link to third-party products and services, including but not limited to IdentityIQ and the Business Credit Builder platform. The SMB Academy may receive compensation when you enroll in or purchase third-party services through links provided on this site. All affiliate relationships are disclosed where applicable.

The SMB Academy does not control and is not responsible for the content, products, services, privacy practices, or terms of any third-party platform. Your use of any third-party service is governed by that service's own terms and policies.

9. Disclaimers and Limitation of Liability

9.1 No Warranties

All SMB Academy products and content are provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The SMB Academy does not warrant that any product will produce specific business, financial, or legal outcomes.

9.2 No Guarantee of Results

Individual results from the application of any SMB Academy curriculum, template, or program will vary based on individual circumstances, effort, market conditions, and other factors outside the control of The SMB Academy. No specific outcome is guaranteed.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, Earnings & Profits LLC, The SMB Academy, and their respective members, managers, officers, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use any SMB Academy product or service, even if advised of the possibility of such damages. In no event shall total liability exceed the amount you paid for the specific product giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Earnings & Profits LLC, The SMB Academy, and their respective members, managers, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or related to your use of any SMB Academy product, your violation of these Terms, or your violation of any applicable law or regulation.

11. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or any SMB Academy product shall be resolved exclusively in the state or federal courts located in New York County, New York, and you hereby consent to personal jurisdiction in those courts.

Before initiating any formal legal proceeding, you agree to contact The SMB Academy at support@thesmbacademy.com to attempt informal resolution of the dispute.

12. Modifications to These Terms

The SMB Academy reserves the right to modify these Terms of Service at any time. Updated Terms will be posted at thesmbacademy.com/legal.html with an updated effective date. Continued use of the platform or any purchased product following the posting of updated Terms constitutes your acceptance of those changes.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Contact

For questions, concerns, or notices regarding these Terms of Service, contact The SMB Academy at:

Support
support@thesmbacademy.com

This Privacy Policy describes how The SMB Academy, a division of Earnings & Profits LLC, collects, uses, and protects information obtained through thesmbacademy.com and related digital products. By using this site or purchasing any product, you consent to the practices described in this Policy.

1. Who We Are

The SMB Academy is a digital education platform operated by Earnings & Profits LLC, a New York limited liability company. References to "we," "us," or "our" in this Privacy Policy refer to Earnings & Profits LLC and The SMB Academy. Our contact for privacy-related matters is support@thesmbacademy.com.

2. Information We Collect

2.1 Information You Provide Directly

We may collect the following categories of personal information that you voluntarily provide:

  • Name and email address when purchasing a product or enrolling in a program
  • Business name and contact information provided during course enrollment or program registration
  • Communications you send to support@thesmbacademy.com
  • Application information submitted for the Advisory Cohort program
  • Affiliate program registration information

2.2 Information Collected Automatically

When you visit thesmbacademy.com, certain technical information may be collected automatically, including:

  • IP address and general geographic location
  • Browser type and version
  • Device type and operating system
  • Pages visited, time spent on pages, and referring URLs
  • Cookie and tracking data as described in Section 6 below

2.3 Payment Information

The SMB Academy does not collect or store payment card information. All payment transactions are processed by Gumroad, a third-party payment processor. Your payment information is subject to Gumroad's privacy policy and security practices. We receive only transaction confirmation data including purchase amounts and product identifiers.

3. How We Use Your Information

We use the information we collect for the following purposes:

  • To process and fulfill your product purchases and deliver digital access
  • To communicate with you regarding your order, account, or program enrollment
  • To respond to your inquiries submitted to support@thesmbacademy.com
  • To administer the E&P Partner Affiliate Program
  • To send transactional emails related to your purchase or enrollment
  • To send educational and promotional communications where you have opted in
  • To improve our platform, products, and user experience
  • To comply with applicable legal obligations
  • To detect, prevent, and address fraud, chargebacks, or policy violations

4. Legal Basis for Processing

Where applicable law requires a legal basis for processing personal data, we process your information on the following bases:

  • Performance of a contract -- to fulfill your product purchase and deliver access
  • Legitimate interests -- to improve our platform and prevent fraud
  • Legal obligation -- to comply with applicable laws and regulations
  • Consent -- for marketing communications where you have opted in

5. Information Sharing and Disclosure

5.1 We Do Not Sell Your Information

The SMB Academy does not sell, rent, or trade your personal information to any third party for their own marketing purposes.

5.2 Service Providers

We may share your information with trusted third-party service providers who assist us in operating our platform and delivering our products, including:

  • Gumroad -- payment processing and product delivery
  • Cloudflare -- website hosting and security
  • Email service providers -- transactional and marketing communications
  • Business Credit Builder platform provider -- solely for program delivery upon your enrollment in that specific program

All service providers are contractually obligated to use your information only for the purpose of providing services to us and to maintain appropriate security standards.

5.3 Legal Requirements

We may disclose your information if required to do so by law, court order, or governmental authority, or if we believe in good faith that disclosure is necessary to protect the rights, property, or safety of The SMB Academy, our users, or the public.

5.4 Business Transfers

In the event of a merger, acquisition, or sale of all or substantially all assets of Earnings & Profits LLC, your information may be transferred as part of that transaction. You will be notified of any such change via the email address associated with your account.

6. Cookies and Tracking Technologies

thesmbacademy.com may use cookies and similar tracking technologies to enhance your browsing experience and collect usage data. Cookies are small text files stored on your device by your browser.

We may use the following types of cookies:

  • Essential cookies -- required for the site to function properly
  • Analytics cookies -- to understand how visitors interact with our site
  • Affiliate tracking cookies -- to attribute sales to our affiliate partners through Gumroad

You may disable cookies through your browser settings. Note that disabling certain cookies may affect the functionality of the site or the checkout experience.

7. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, including to comply with legal obligations, resolve disputes, and enforce our agreements. Purchase records are retained for a minimum of seven years in accordance with applicable tax and business record requirements. You may request deletion of your information as described in Section 9 below, subject to our legal retention obligations.

8. Data Security

We implement commercially reasonable technical and organizational measures to protect your personal information against unauthorized access, disclosure, alteration, or destruction. Our website is hosted on Cloudflare's infrastructure, which provides enterprise-grade security including SSL/TLS encryption for all data transmitted between your browser and our site.

However, no method of internet transmission or electronic storage is completely secure. We cannot guarantee absolute security of your information and encourage you to use strong, unique passwords and exercise caution when sharing personal information online.

9. Your Rights and Choices

9.1 Access and Correction

You may request access to the personal information we hold about you or request correction of inaccurate information by contacting us at support@thesmbacademy.com.

9.2 Deletion

You may request deletion of your personal information by contacting us at support@thesmbacademy.com. We will honor deletion requests to the extent permitted by applicable law and our legal retention obligations. Note that deletion of your information may result in loss of access to purchased products.

9.3 Opt-Out of Marketing Communications

You may opt out of receiving marketing emails from The SMB Academy at any time by clicking the unsubscribe link in any marketing email or by contacting us at support@thesmbacademy.com. Opting out of marketing communications does not affect transactional communications related to your purchases.

9.4 California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to delete personal information, and the right to opt out of the sale of personal information. As stated above, we do not sell personal information. To exercise your CCPA rights, contact us at support@thesmbacademy.com.

9.5 Nevada Residents

Nevada residents may opt out of the future sale of their personal information by contacting us at support@thesmbacademy.com. We do not currently sell personal information as defined under Nevada law.

10. Children's Privacy

The SMB Academy is not directed to individuals under the age of 18. We do not knowingly collect personal information from minors. If we become aware that we have collected personal information from a person under 18 without verifiable parental consent, we will take steps to delete that information promptly. If you believe we may have information about a minor, please contact us at support@thesmbacademy.com.

11. Third-Party Links and Services

Our website and products may contain links to third-party websites and services, including affiliate partner services such as IdentityIQ and the Business Credit Builder platform. This Privacy Policy does not apply to those third-party platforms. We encourage you to review the privacy policies of any third-party service before providing your personal information. The SMB Academy is not responsible for the privacy practices of any third-party platform.

12. Changes to This Privacy Policy

We reserve the right to update this Privacy Policy at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and post the updated Policy at thesmbacademy.com/legal.html. Your continued use of our site or products following the posting of an updated Privacy Policy constitutes your acceptance of the changes. We encourage you to review this Policy periodically.

13. Contact Us

For questions, concerns, requests, or notices regarding this Privacy Policy or our data practices, contact The SMB Academy at:

Privacy Inquiries
support@thesmbacademy.com

We aim to respond to all privacy inquiries within 30 days of receipt.

The SMB Academy
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