Terms of Service

Welcome to Blake. These Terms of Service ("Terms") are a contract between you and Amanda Howard HQ, Inc., doing business as Blake ("Blake," "we," "us," or "our"). They govern your use of Blake's websites, including blakewith.com and blakewith.me, our mobile applications, and the related software and services (together, the "Services").

By creating an account, checking the box to accept these Terms, or using the Services, you agree to these Terms, our Privacy Policy, our Acceptable Use and Content Policy, and any additional terms that apply to features you use: the Affiliate Terms, the Blake Referral Program Terms, and the Copyright and DMCA Policy. If you use Blake for a business or other entity, you agree on its behalf and confirm you have authority to do so.

Please read Section 18 (Dispute Resolution). It requires most disputes to be resolved by individual binding arbitration and waives class actions, unless you opt out within 30 days.

1. What Blake is

Blake is software that lets creators run an online business: a storefront, digital products, courses, memberships, payment plans, coaching bookings, free downloads, email marketing, sales funnels, affiliate programs, analytics, and AI tools (Blakely and Blake Studio).

• Blake is a software provider, not a seller. Except for your subscription to a Blake plan, Blake is not a party to any sale between a creator and their customers. Those sales are solely between the creator and the customer. Blake does not create, own, endorse, or guarantee any product, content, or service a creator sells.
• Blake is not a bank or payment processor.
  • Sales: payments to creators are processed by Stripe, Inc. and its affiliates ("Stripe") directly into the creator's own Stripe account (Section 7).
  • Affiliate commissions: these are taken from referred sales through Stripe and passed on in full to the affiliate's own Stripe account (Section 9). Blake does not use creators' sale proceeds for anything else.
• Blake is not an income opportunity. Blake is software. We make no promise that you will earn any amount of money, and results depend on you, your products, your audience, and many factors outside our control.

2. Who can use Blake

• You must be at least 18 years old, and able to form a binding contract, to create a Blake account. Customers who buy from a creator's store must be old enough to make the purchase where they live, or have a parent's or guardian's permission.
• You may not use Blake if you are barred from receiving services under the laws of the United States or any other applicable jurisdiction, or if we previously terminated your account for a violation of these Terms.
• To sell, receive payments, or receive affiliate commissions, you must also meet Stripe's requirements, including identity verification, and be in a country Stripe supports for your account type.

3. Your account

• Registration. Anyone eligible may create a Blake account. An invitation or referral link is never required; a referral link only records who referred you (see the Referral Program Terms).
• Accuracy. Give accurate, current information and keep it up to date.
• Security. You are responsible for your login credentials and for activity under your account. Use a strong password and turn on two-factor authentication where offered. Tell us promptly at [support@blakewith.com] if you believe your account has been compromised.
• Workspaces and team members. A Blake store ("workspace") has an owner and may have team members with roles (admin, editor, support). The workspace owner is responsible for the workspace, including everything team members do in it, and for choosing whom to invite and which role to give them. Some actions are limited to owners and admins, including Cash Out and viewing financial balances and subscriber lists.
• Account ownership disputes. If there is a dispute over who controls an account or workspace, we may rely on our records (such as the email address that created it and the connected payment account) and may suspend the account until the dispute is resolved.

4. Plans, fees, and billing

• Plans. Blake offers Blake Launch (free), Blake Build, and Blake Scale. Features available on each plan are described on our pricing page and in the product, and may change under Section 4 ("Changes to plans and fees").
• No transaction fees. Blake does not charge a fee on your sales or on affiliate commissions. Stripe charges its own payment processing fees, which are deducted by Stripe from your payments under your agreement with Stripe.
• Subscription fees. Paid plans are billed in advance, monthly or annually, in U.S. dollars, through Stripe, to the payment method you provide. Prices do not include taxes; you are responsible for any applicable taxes, which we will add where required by law.
• Automatic renewal. YOUR PAID PLAN RENEWS AUTOMATICALLY at the end of each billing period, for the same period, at the then-current price, and we will charge your payment method unless you cancel before the renewal date. Your account's billing page shows your renewal date and price. You can cancel at any time from the billing page; cancellation takes effect at the end of the current paid period, and you can undo it until then.
• Upgrades and downgrades. Plan changes take effect immediately. When you change plans in the middle of a billing period, we prorate the charge or credit as shown at the time of the change.
• Refunds of Blake fees. Except where required by law or stated in these Terms, subscription fees are non-refundable, including for partial periods and unused time.
• Failed payments. If we cannot charge your payment method, we will notify you and retry. If payment is still not received [7] days after the due date, your workspace moves to Blake Launch until you pay (Section 4, "What happens on a downgrade").
• What happens on a downgrade. When a workspace moves to a lower plan, for any reason, features not included in the new plan stop working, your storefront stays online, products the new plan cannot sell are hidden (not deleted), customers keep access to what they already bought, and none of your content is deleted.
• Founding pricing. If you purchase a Founding annual plan, the Founding price applies for as long as that subscription stays continuously active on an annual plan. Switching between Blake Build and Blake Scale annual plans keeps Founding pricing; switching to monthly billing, or letting the subscription end, ends it permanently. Founding pricing is offered for a limited time after Blake's public launch, as announced.
• Founding reservations. If you reserve a Founding plan before launch, you authorize us to charge the saved payment method on Blake's public launch day, and you can cancel the reservation without charge before then using the link we email you.
• Disputing Blake charges. If you believe we charged you in error, contact us within 60 days. If you dispute a valid Blake charge with your bank instead of contacting us, we may suspend paid features until the matter is resolved.
• Changes to plans and fees. We may change plan features or prices. We will give you at least 30 days' notice of a price increase for your plan, and the new price applies from your next renewal after the notice period. If you do not agree, you may cancel before the new price applies.

5. Your content and your store

• You own your content. You keep all rights in the products, files, text, images, videos, store designs, email content, and other materials you upload or create on Blake ("Your Content"), including content you create with Blakely or Blake Studio.
• License to Blake. You grant Blake a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display, distribute, and adapt Your Content only as needed to operate, provide, secure, and improve the Services for you (for example, to show your storefront, deliver products to your customers, send your emails, and generate previews). This license ends when Your Content is deleted from the Services, except for copies we must keep for legal reasons, in backups for a limited time, or that a customer has already purchased or downloaded. We may also display your store's name and public storefront in Blake's own marketing only with your permission.
• Your responsibility. You are solely responsible for Your Content and for your products, including their accuracy, legality, quality, delivery, and any claims you make about them. You confirm you have all rights needed for Your Content and that it complies with these Terms and the Acceptable Use and Content Policy.
• Your customers. You are responsible for your relationship with your customers, including product descriptions, customer support, refunds (Section 8), and any terms, policies, or disclosures you are legally required to give them. Blake provides default buyer terms (the Customer Purchase Terms) that apply to purchases on your store unless you add your own terms that are consistent with them.
• Usernames and store addresses. Your store address on blakewith.me and any custom domain you connect must not infringe others' rights or impersonate anyone. We may reclaim an address that infringes, impersonates, or has been inactive for an extended period.
• Custom domains. If you connect your own domain, you are responsible for owning it, keeping its registration current, and setting its DNS records correctly.
• Storage. We may set reasonable limits on file sizes, storage, and other usage, and will tell you about them in the product.

6. Feedback and Blake's property

The Services, including our software, designs, templates, brand, and the Blake name and logos, belong to Blake and its licensors. These Terms do not give you any rights to them except the limited right to use the Services as permitted here. If you send us feedback or suggestions, we may use them without obligation to you.

7. Payments on your store (Stripe)

• Stripe Connect. To sell, a creator must connect a Stripe account through Blake. By doing so you agree to Stripe's terms, including the Stripe Connected Account Agreement (which includes the Stripe Services Agreement). Stripe's terms govern how Stripe processes your payments, holds your balance, verifies your identity, and pays out your funds.
• Your sales go to your Stripe account. Customer payments are charged directly on your own Stripe account, with you as the seller. Your balance is held by Stripe in your Stripe account, not by Blake. Blake does not hold creator sale proceeds.
• Blake's own Stripe account is used only to bill Blake plan subscriptions (Section 4) and to pay Blake Referral Program commissions from Blake's own revenue. It never receives your sales or your affiliate commissions.
• Who bears losses. Refunds, disputes, chargebacks, dispute fees, and Stripe's processing fees relating to your sales are charged to your Stripe account under your agreement with Stripe. You are responsible for them. Blake does not guarantee your sales or cover your losses.
• Blake's access to your Stripe account. You authorize Blake to use Stripe's services on your behalf to create and manage payments, refunds, payouts you request, affiliate commission fees (Section 9), and related records, and to receive information about your Stripe account needed to operate the Services. Blake receives this information from Stripe and does not store your full card or bank account numbers.
• Managing your Stripe account in Blake. Blake provides the screens through which you complete Stripe's onboarding, update your business details and bank account, view your balance, see alerts from Stripe, download tax documents Stripe provides, and respond to disputes. Stripe may contact you directly about your Stripe account. Keep your information current so Stripe can verify you and pay you.
• Taxes. You are responsible for determining, collecting, reporting, and paying any taxes on your sales, unless Blake is required by law to collect them and tells you so. Stripe may issue tax forms (such as Form 1099-K) for your payments.
• Test mode. Some features may be marked as test mode or switched off. No real money moves in test mode.

8. Refunds, disputes, and chargebacks on your sales

• Your refund policy. You decide whether and when to refund a customer, consistent with the law and any refund promise you make. You issue refunds in Blake. A full refund ends the customer's access to the refunded product; a partial refund does not.
• Disputes and chargebacks. If a customer disputes a payment with their bank, Stripe will debit the disputed amount and any dispute fee from your Stripe account under Stripe's terms. You can answer the dispute with evidence in Blake before the deadline Stripe sets. Blake will tell you when a dispute is opened but is not responsible for the outcome.
• Affiliate commissions on refunded or disputed sales. Commissions are adjusted as described in Section 9 and the Affiliate Terms.

9. Affiliate programs on Blake

• Creators may run affiliate programs (on plans that include them) that let approved affiliates earn a commission for sales of the creator's products they refer. Any Blake user may become an affiliate of another creator's program, on any plan, under the Affiliate Terms.
• You set the program. If you run an affiliate program, you set the commission rates, approval rules and attribution window (1 to 90 days, default 30). The settings in effect when a referred sale is made apply to that sale.
• Commissions are allocated automatically. When a referred buyer pays, the affiliate's commission is taken from that sale through Stripe (as an application fee on the charge on your Stripe account). Blake then transfers it, in full, to the affiliate's own Stripe account as soon as Stripe makes the funds available.
  • Blake takes no part of it and adds no holding period.
  • You never pay affiliates by hand.
  • If the affiliate has no payout-ready account when checkout starts, or commission payouts are not switched on, no commission is collected from the sale. It is shown to you and the affiliate as "not collected", and you keep that amount.
• What Blake does. Blake tracks referred sales, calculates each commission from your settings, collects and transfers it through Stripe, and shows you and your affiliates what was earned, collected, sent and owed.
• Refunds and chargebacks. If you refund or lose a dispute on a referred sale, the related commission is adjusted as described in the Affiliate Terms:
  • Not yet sent: the commission is returned to you.
  • Already sent: the transfer is reversed from the affiliate's balance where Stripe allows, and otherwise offset against that affiliate's later commissions from you.
  • Blake does not fund commissions or recoveries from its own money.
• Blake Referral Program. Commissions Blake pays for referring creators to Blake are a separate program, paid by Blake from its own revenue under the Referral Program Terms.

10. Manual Cash Out

• You choose when to cash out. On Blake, payouts from your Stripe balance to your bank are manual: your Stripe account is set so Stripe does not pay out automatically, and you start each payout with Cash Out in Blake.
  • Who can cash out: only workspace owners and admins.
  • Affiliates: they cash out their commission balance the same way, from their own payout account.
  • No holding period: Blake adds none to anyone's earnings.
  • Settings check: if Blake can't confirm with Stripe that payouts are set to manual, Cash Out pauses until it can.
• What you can cash out. Cash Out sends your full available balance, as reported by Stripe at the time, to the bank account on your Stripe account. Pending funds are not available until Stripe makes them available. The minimum Cash Out is $1.00 (or as shown in the product).
• Timing. A Cash Out request is sent to Stripe immediately. Blake confirms when Stripe accepts it. Bank arrival typically takes 1 to 2 business days after Stripe sends it but can take longer, and is controlled by Stripe and your bank.
• When a Cash Out cannot happen. Stripe may refuse or delay a payout, for example if your bank details are invalid, your identity is not verified, your account is under review, or your balance is needed to cover refunds, disputes, or negative balances. Blake may also pause Cash Out while we investigate suspected fraud or a violation of these Terms, or while a technical safeguard confirms your payout settings are correct. If Cash Out is paused, we will tell you why where we lawfully can.
• Funds held too long. Stripe limits how long funds can remain unpaid on a manual schedule (currently up to two years for U.S. accounts). If you do not cash out within that period, Stripe may pay out your balance to your bank account under its terms.
• If your account is closed. If you close your account or we terminate it, we will make Cash Out available for any remaining available balance for at least [90] days, except where Stripe or the law requires otherwise, and after that Stripe's terms govern your remaining balance.
• No other payout methods. Creators do not receive a Stripe-hosted dashboard on Blake and cannot start payouts through Stripe directly. Blake never pays your balance to anyone other than the bank account on your Stripe account.

11. Email marketing

If you use Blake's email marketing features, you are the sender of your emails and are responsible for complying with anti-spam, privacy, and consumer protection laws, including the U.S. CAN-SPAM Act, Canada's Anti-Spam Legislation, and the UK and EU rules on electronic marketing. In particular:

• Email engagement tracking. Blake measures opens, link clicks and resulting purchases for your marketing emails, and adds a short disclosure to the email footer. You can turn tracking off for your store. Where your recipients' laws require more (for example, consent before tracking), you are responsible for meeting it.
• You may only send marketing email to people who gave you their permission. Blake collects sign-ups with double opt-in and records consent; a purchase alone is not permission to send marketing email.
• Every marketing email you send through Blake includes your sender name, a valid physical postal address you provide (a P.O. box or commercial mail service is acceptable), and a working one-click unsubscribe. You must not hide or remove these.
• Unsubscribes take effect for your store immediately. Hard bounces and spam complaints suppress an address across all Blake stores.
• You must not import or upload contacts and email them through Blake unless they gave you permission that meets applicable law. Imported contacts are not emailed automatically.
• We may pause sending for a store with high complaint or bounce rates, or that we reasonably believe is sending unwanted email, while we review it.

For your contacts and customers, you decide why and how their personal information is used, and Blake processes it on your behalf to provide the Services, as described in the Data Processing section of the Privacy Policy.

12. Blakely and Blake Studio (AI features)

• What they do. Blakely is Blake's AI assistant. It can answer questions about Blake, look up information about your own store in read-only form using your own access (for example, product, order, checkout, and sales information), help you write, create digital product drafts and PDFs, and help with courses and analytics. Blake Studio proposes storefront, sales page, and funnel page designs. Proposals open as unsaved changes; nothing is published or sent until you choose to save it.
• Our AI provider. These features are powered by a third-party model provider, currently Anthropic, PBC. Your prompts and the information needed to answer them (which may include your store's information, and any customer information you type or that a lookup returns) are sent to the provider to generate a response.
• No training on your content. Blake does not use Your Content, your prompts, or AI outputs to train AI models, and does not permit our AI provider to do so under our agreement with it. [Legal to confirm against Anthropic's commercial terms.]
• Privacy of conversations. Blakely conversations are private to the person who had them; your team members cannot read them. You can delete a conversation. If you ask Blakely to connect you with a person, the conversation and the lookups it made are shared with Blake's support team. Conversations are kept for [12 months], unless you delete them sooner or we must keep them longer for legal reasons.
• Outputs. As between you and Blake, you own the outputs you generate, to the extent the law allows. Outputs may not be unique, and other users may receive similar outputs. AI can be wrong, incomplete, or out of date: review everything before you rely on it, publish it, or send it, and do not treat outputs as legal, financial, tax, medical, or other professional advice. You are responsible for your use of outputs, including making sure they do not infringe others' rights or make false or misleading claims (including income or earnings claims).
• Limits. We may set usage limits for AI features, which may differ by plan, and may suspend AI features at any time, including when a limit is reached.

13. Acceptable use

You must follow the Acceptable Use and Content Policy, which lists prohibited products, content, and conduct. Among other things, you must not use Blake to break the law, infringe others' rights, mislead customers, make unsubstantiated earnings claims, send spam, access other accounts' data, interfere with the Services, or circumvent Blake's or Stripe's security or limits.

14. Suspension and termination

• By you. You may stop using Blake at any time and may close your account by contacting [support@blakewith.com] [or from your account settings when available]. Cancel any paid plan first.
• By Blake. We may suspend or restrict your account, features (including Cash Out, selling, email sending, or AI), or a specific store, or terminate your account, if we reasonably believe you violated these Terms or any policy, your use creates legal, security, or financial risk for Blake, other users, customers, or Stripe, Stripe requires it, or we are required by law. Where reasonable and lawful, we will give you notice and a chance to fix the problem first. We may also terminate a free account that has been inactive for an extended period after giving notice.
• Effect. When your account ends, your right to use the Services ends. Customers keep access to products they already bought for a reasonable period [legal to confirm], we will keep Cash Out available as described in Section 10, and we may delete Your Content after a reasonable period, subject to the Privacy Policy and the law. Sections that by their nature should survive (including fees owed, Sections 5 (license as to purchased copies), 6, 8, 9 (commissions earned), and 15 to 19) survive.

15. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BLAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT AI OUTPUTS WILL BE ACCURATE, OR THAT YOU WILL MAKE ANY SALES OR EARN ANY AMOUNT. BLAKE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF STRIPE, OTHER THIRD-PARTY SERVICES, CREATORS, AFFILIATES, OR CUSTOMERS, OR FOR PRODUCTS SOLD THROUGH THE SERVICES.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) BLAKE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) BLAKE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID BLAKE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

17. Indemnity

You will defend, indemnify, and hold harmless Blake and its officers, directors, employees, and agents from any third-party claims, damages, losses, and costs (including reasonable attorneys' fees) arising out of Your Content, your products and services, your sales and customer relationships (including refunds, disputes, taxes, and product claims), your email marketing, your affiliate program or affiliate activity, your use of AI outputs, or your violation of these Terms or the law.

18. Dispute resolution and arbitration

• Informal resolution first. Before filing a claim, you and Blake agree to try to resolve the dispute informally for at least 30 days by written notice (to Blake at [legal@blakewith.com] and [ADDRESS]).
• Binding individual arbitration. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules for business users), except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property. The Federal Arbitration Act governs this section.
• Class action waiver. YOU AND BLAKE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND BLAKE WAIVE THE RIGHT TO A JURY TRIAL.
• Mass filings. If 25 or more similar arbitration demands are filed by or with the help of the same counsel, they may be administered in batches under the AAA's mass arbitration procedures.
• Opt out. You may opt out of this arbitration agreement by emailing [legal@blakewith.com] within 30 days after you first accept these Terms, with your name, account email, and a statement that you opt out.
• If arbitration does not apply, claims will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you and Blake consent to their jurisdiction.

19. General

• Governing law. These Terms are governed by the laws of the State of [STATE OF INCORPORATION], without regard to its conflict-of-laws rules, and the Federal Arbitration Act.
• Changes to these Terms. We may update these Terms. If a change is material, we will notify you by email or in the product at least 30 days before it takes effect (except where a change is required by law or addresses a new feature, which may take effect sooner). Continued use after a change takes effect means you accept it.
• Communications. You agree to receive notices and messages from Blake electronically, including by email and in the product.
• Third-party services. The Services work with third-party services (such as Stripe, embedded video hosts, and domain registrars) that have their own terms. We are not responsible for them.
• Mobile apps. If you download a Blake app from the Apple App Store or Google Play, the additional terms in the Mobile App Addendum [to be added before the apps launch] also apply.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Entire agreement; severability; no waiver. These Terms and the policies they reference are the entire agreement between you and Blake about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Contact. Amanda Howard HQ, Inc., doing business as Blake, [ADDRESS]. Email: [support@blakewith.com].