TERMS OF SERVICE

Last Updated: December 9, 2025

1. ACCEPTANCE OF TERMS

Welcome to Tempest Prep LLC ("Tempest," "we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website, digital products, educational content, subscription services, and any related offerings (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

2. ELIGIBILITY

You must be at least 18 years old to use our Services. Users ages 13–17 may use the Services only with parental or guardian consent.

By using the Services, you represent and warrant that:

You meet the age requirements
You have legal authority to enter these Terms
All information you provide is accurate and current
You will comply with all applicable laws

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

You may be required to create an account to access certain features. You must provide accurate and complete information and keep your account information current.

3.2 Account Security

You are responsible for:

Maintaining confidentiality of your login credentials
All activity that occurs under your account
Immediately notifying us of any unauthorized access or security breach

You may not share, transfer, or allow others to access your account.

3.3 Account Termination by Tempest

We reserve the right to suspend or terminate your account at any time for:

Violating these Terms
Fraudulent, abusive, or illegal activity
Non-payment or failed payment attempts
Creating a security risk to the Services
Any reason at our sole discretion

4. SUBSCRIPTIONS, BILLING, AND PAYMENTS

4.1 Subscription Plans

Paid subscriptions grant you access to specific content and resources as described on our website. Specific features, pricing, and billing frequencies are detailed on our pricing page and during checkout.

4.2 Billing and Payment

Subscriptions are billed in advance on a monthly or annual basis
You authorize Tempest to charge your designated payment method on file
You are responsible for keeping your payment information accurate and up to date
All charges are in U.S. Dollars unless otherwise specified

4.3 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate upon renewal. You must cancel before your next billing date to avoid charges for the next period.

4.4 Price Changes

We may change subscription prices at any time. Price changes for existing subscribers will take effect at the next renewal period after we provide at least 30 days' advance notice. Continued use after a price change constitutes your acceptance of the new price.

4.5 Failed Payments

If your payment method fails:

We will attempt to charge your payment method multiple times
You will receive email notifications about the failed payment
Your access may be suspended until payment is successful
After multiple failed attempts, your subscription may be canceled

To avoid service interruption, please keep your payment information current.

4.6 Cancellation

You may cancel your subscription at any time by:

Logging into your account and selecting "Cancel Subscription"
Emailing us at support@tempestprep.com

Cancellation takes effect at the end of your current billing period. You will retain access until that date but will not be charged for subsequent periods.

4.7 Refund Policy

All payments are final and non-refundable. If you cancel your subscription, you will not receive a refund for the current billing period, but you will retain access until the period ends. No refunds or credits will be provided for partial months, upgrades, downgrades, or unused subscription time.

5. ONE-TIME PRODUCTS AND SERVICES

5.1 Digital Products

Purchases of digital products, including guides, templates, courses, or downloadable materials, are final and non-refundable once you have accessed or downloaded the content.

5.2 Consulting and Review Services

One-time consulting sessions, application reviews, essay reviews, or similar services are subject to separate scheduling and payment terms. These services must be scheduled and used within the timeframe specified at purchase, or credits may expire. Cancellations made within 48 hours of a scheduled session may incur a cancellation fee of 50% of the service cost.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership

All content provided through Tempest, including but not limited to courses, videos, articles, worksheets, templates, guides, frameworks, methodologies, software, graphics, logos, text, scripts, branding materials, and all other materials (collectively, "Content"), are the exclusive property of Tempest Prep LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, Tempest grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial use in connection with the Services.

This license does not include any right to:

Reproduce, distribute, modify, or create derivative works from the Content
Publicly display, perform, or transmit the Content
Sell, rent, lease, sublicense, or transfer the Content to any third party
Remove or alter any copyright, trademark, or proprietary notices
Use the Content for any commercial purpose or public display
Share your account credentials or access with others

6.3 Prohibited Activities

You expressly agree NOT to:

Record, screenshot, download, or copy any video content (except where explicitly permitted for specific downloadable materials)
Share, distribute, or post any Content on social media, forums, websites, or any public or private platform
Share login credentials or allow others to access your account
Use automated tools (bots, scrapers, etc.) to access or download Content
Reverse engineer, decompile, or disassemble any aspect of the Services
Remove, obscure, or alter any proprietary notices on the Content
Use the Content to create competing products or services

6.4 Watermarking and Tracking

All downloadable materials are personalized with tracking information unique to your account. You are responsible for maintaining the confidentiality of your materials. Unauthorized sharing will be traced to your account and may result in immediate termination and legal action.

6.5 User-Generated Content

Any content you submit or post through the Services (such as in community forums, comments, testimonials, or feedback) remains your property. However, by submitting content, you grant Tempest a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media for purposes of providing, promoting, and improving the Services.

6.6 Enforcement and Remedies

Violation of these intellectual property terms constitutes a material breach of this agreement and may result in:

Immediate termination of your account and access without refund
Legal action to enforce our rights and recover damages
Injunctive relief to prevent further violations
Recovery of attorney's fees, costs, and expenses
Claims for actual damages, statutory damages (where applicable), and/or disgorgement of profits

You acknowledge that unauthorized use of our Content may cause irreparable harm to Tempest for which monetary damages would be inadequate, and you agree that Tempest is entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity.

6.7 DMCA and Copyright Infringement

Tempest respects the intellectual property rights of others and expects users to do the same. If you believe any content on the Services infringes your copyright, please contact us at general@tempestprep.com with:

A description of the copyrighted work
The location of the allegedly infringing material
Your contact information
A statement of good faith belief that the use is not authorized
A statement of accuracy under penalty of perjury
Your physical or electronic signature

6.8 Trademarks

Tempest, Tempest Prep, the Tempest logo, and other marks are trademarks of Tempest Prep LLC. You may not use our trademarks without prior written permission except as permitted under fair use principles. Full brand guidelines are available at tempestprep.com/brand-guidelines.

7. ACCEPTABLE USE POLICY

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable federal, state, local, or international laws or regulations
Infringe the intellectual property rights of Tempest or any third party
Transmit any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise objectionable content
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
Interfere with or disrupt the Services, servers, or networks connected to the Services
Attempt to gain unauthorized access to any part of the Services, other users' accounts, or computer systems
Use the Services for any fraudulent, deceptive, or malicious purpose
Engage in spamming, phishing, or any similar behavior
Collect or harvest information about other users without their consent
Use the Services to provide services to third parties or for commercial purposes beyond your personal use
Resell, sublicense, or commercialize the Services or Content in any way
Use the Services to compete with Tempest or develop competing products or services

8. DISCLAIMERS AND WARRANTIES

8.1 No Guarantees of Outcomes

While we strive to provide valuable content and services, Tempest makes no guarantees, promises, or warranties regarding:

Admission to any educational institution, university, graduate program, or professional school
Job placement, employment outcomes, or career advancement
Scholarship awards or financial aid
Academic performance, test scores, or grades
Any specific outcomes or results from using our Services

Your success depends on many factors including your own effort, qualifications, preparation, timing, institutional policies, economic conditions, and circumstances beyond our control.

8.2 "AS IS" and "AS AVAILABLE" Services

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Tempest does not warrant that:

The Services will be uninterrupted, secure, timely, or error-free
The results obtained from use of the Services will be accurate or reliable
Any defects in the Services will be corrected
The Services or servers are free of viruses or other harmful components
Any information or content obtained through the Services will meet your requirements

8.3 Educational and Informational Content

Our content is for educational and informational purposes only. It does not constitute professional advice (legal, financial, medical, academic, or otherwise). You should consult appropriate licensed professionals for specific advice tailored to your situation. Tempest is not responsible for decisions you make based on information provided through the Services.

8.4 Third-Party Content and Links

We may provide links to or feature third-party websites, services, or content. We do not endorse and are not responsible for the accuracy, legality, reliability, or content of any third-party materials. Your use of third-party services is at your own risk and subject to their terms and policies.

9. LIMITATION OF LIABILITY

9.1 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEMPEST PREP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to, use of, or inability to access or use the Services
Any conduct or content of any third party on or through the Services
Any content obtained from the Services
Unauthorized access, use, or alteration of your transmissions or content
Any other matter relating to the Services

9.2 Cap on Liability

IN NO EVENT SHALL TEMPEST PREP LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO TEMPEST IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

9.3 Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations and exclusions may not apply to you to the extent prohibited by applicable law. In such cases, Tempest's liability will be limited to the maximum extent permitted by law.

9.4 Essential Purpose

You acknowledge that the limitations of liability set forth in this Section reflect a reasonable allocation of risk and that Tempest would not provide the Services without these limitations.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Tempest Prep LLC, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any rights of another person or entity, including intellectual property rights
Your violation of any applicable laws or regulations
Any content you submit, post, or transmit through the Services
Any false, misleading, or inaccurate information you provide

This indemnification obligation will survive termination of these Terms and your use of the Services.

11. TERMINATION

11.1 Termination by You

You may terminate your account and discontinue use of the Services at any time by:

Canceling your subscription through your account settings
Emailing us at support@tempestprep.com
Following the cancellation instructions provided on our website

Termination by you takes effect at the end of your current billing period. You will not be charged for subsequent periods after cancellation.

11.2 Termination by Tempest

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms
Fraudulent, abusive, or illegal activity
Non-payment or failure to pay fees when due
Risk to the security or integrity of the Services
Extended periods of inactivity
Requests by law enforcement or government agencies
Any reason at our sole discretion

11.3 Effect of Termination

Upon termination of your account:

Your right to access and use the Services immediately ceases
You will lose access to all content, materials, and account data
You remain liable for all charges incurred prior to termination
No refunds will be provided for unused subscription time or fees already paid
Any outstanding payment obligations become immediately due and payable
Provisions that by their nature should survive termination will remain in effect

11.4 Data Retention and Deletion

Following termination, we may retain your information as required by law or for legitimate business purposes. Upon written request submitted to support@tempestprep.com, we will delete your personal information in accordance with our Privacy Policy, subject to legal and operational requirements. Deletion may take up to 90 days to complete.

11.5 Survival

The following sections survive termination of these Terms: Intellectual Property Rights, Disclaimers and Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

12. DISPUTE RESOLUTION

12.1 Informal Resolution First

Before initiating any formal dispute resolution, you agree to first contact us at support@tempestprep.com and attempt to resolve the matter informally. We will make a good-faith effort to resolve disputes within 60 days of receiving your request. This informal negotiation is a prerequisite to initiating arbitration or any other legal proceeding.

12.2 Binding Arbitration

If a dispute cannot be resolved informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with Tempest (including disputes about the validity, scope, or enforceability of this arbitration agreement) shall be resolved exclusively through final and binding arbitration, rather than in court.

The arbitration will be:

Administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect
Conducted in Dallas County, Texas, or via telephone or video conference at your option
Decided by a single arbitrator selected in accordance with AAA rules
Conducted in English

Each party will bear its own attorney's fees and costs unless the arbitrator determines that a party's claim or defense was frivolous or brought for an improper purpose, in which case fees may be awarded in accordance with AAA rules. Tempest will pay the arbitration filing fees if you are a consumer and your claim does not exceed $75,000.

The arbitrator's decision will be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND TEMPEST PREP LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

The arbitrator may not consolidate the claims of more than one person or entity, and may not otherwise preside over any form of class, consolidated, representative, or collective proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may bring an action in court solely for the purpose of:

Enforcing or protecting intellectual property rights (copyright, trademark, patent, or trade secret)
Seeking temporary, preliminary, or permanent injunctive or equitable relief
Addressing claims that fall within the jurisdiction of small-claims court (provided the action remains in small-claims court and is not removed or appealed to a court of general jurisdiction)

12.5 Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. Any legal action or proceeding not subject to arbitration (as permitted under Section 12.4) shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction and venue of such courts.

12.6 Waiver of Jury Trial

YOU AND TEMPEST PREP LLC WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, TO THE EXTENT PERMITTED BY LAW.

13. MODIFICATIONS TO TERMS

13.1 Right to Modify

We reserve the right to modify, update, or change these Terms at any time in our sole discretion. When we make changes, we will:

Update the "Last Updated" date at the top of this document
Notify you via email (if you have provided one) or through a notice on our website
Post the revised Terms on our website
Provide at least 30 days' advance notice for material changes that affect your rights

13.2 Acceptance of Changes

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and cancel your account before the changes take effect.

13.3 No Retroactive Effect

Changes to these Terms will not apply retroactively and will become effective no sooner than 30 days after they are posted, except as required by law or for changes that are beneficial to you, which may take effect immediately.

We encourage you to review these Terms periodically to stay informed of any updates.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other written agreements expressly incorporated by reference, constitute the entire agreement between you and Tempest Prep LLC regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Tempest. No waiver by Tempest of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

14.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision is void. We may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.

14.5 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Tempest Prep LLC. No third party shall have any right to enforce any provision of these Terms.

14.6 Force Majeure

Tempest shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, shortages of transportation facilities, fuel, energy, labor, or materials, or failure of telecommunications or information services.

14.7 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Tempest. You have no authority to bind Tempest or make commitments on our behalf.

14.8 Notices

Notices to you may be made via email, regular mail, or posting on the Services. You agree that electronic communications satisfy any legal requirement that such communications be in writing. Notices to Tempest should be sent to general@tempestprep.com or to the mailing address provided in Section 15.

14.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of these Terms.

14.10 Language

These Terms may be translated into other languages for your convenience. In the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail and govern.

14.11 Electronic Signatures

You agree that your electronic acceptance of these Terms (by clicking "I agree," creating an account, or using the Services) constitutes your signature and intention to be bound by these Terms, with the same legal force and effect as a handwritten signature.

14.12 Interpretation

In these Terms, unless the context requires otherwise: (a) "including" means "including without limitation"; (b) references to sections are to sections of these Terms; (c) words in the singular include the plural and vice versa; and (d) references to a party include that party's permitted successors and assigns.

15. CONTACT INFORMATION

If you have questions, concerns, or requests regarding these Terms or our Services, please contact us:

Tempest Prep LLC
Email: general@tempestprep.com
Support: support@tempestprep.com
Website: tempestprep.com

For legal inquiries: general@tempestprep.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.