App Terms of Use

SMART GIRL SELF DEFENSE BY JACKSON WINK

Terms of Service and End User License Agreement (EULA)

Confidentiality and Non-Disclosure Agreement

This Confidentiality and Non-Disclosure Agreement (“Agreement”) is entered into by and between Smart Girl Self Defense by Jackson Wink (“Company”) and the undersigned user, subscriber, contractor, employee, instructor, affiliate, beta tester, or other recipient of confidential information (“Recipient”).

 

1. Purpose

Recipient understands that the Company provides proprietary self-defense training, educational content, videos, curriculum, methodologies, techniques, written materials, digital resources, business strategies, and related intellectual property through the Smart Girl Self Defense by Jackson Wink App and associated programs.

Recipient agrees to maintain the confidentiality of such information and to use it solely for authorized personal training purposes.

 

2. Definition of Confidential Information

Confidential Information includes, but is not limited to:

• Training videos and instructional content
• Self-defense curriculum and lesson plans
• Freeze Response Training methodologies
• Freeze Breaker Habit Training materials
• Training progressions and teaching methods
• Downloadable guides, worksheets, quizzes, and resources
• Proprietary drills, exercises, and training sequences
• Business processes and operational information
• Marketing strategies and business plans
• Pricing structures and membership models
• Software features and functionality not publicly disclosed
• User manuals and educational materials
• Any information designated as confidential
• Any information that a reasonable person would understand to be proprietary or confidential

Confidential Information includes information provided in written, oral, digital, video, audio, visual, or any other form.

 

3. Exclusions

Confidential Information does not include information that:

a. Is publicly available through no fault of Recipient;

b. Was lawfully known to Recipient before disclosure;

c. Is independently developed without use of Company Confidential Information;

d. Is disclosed pursuant to a court order or legal requirement, provided Recipient gives prompt notice to Company when legally permitted.

 

4. Non-Disclosure Obligations

Recipient agrees:

• Not to disclose Confidential Information to any third party.
• Not to copy, reproduce, record, screenshot, download, distribute, publish, upload, transmit, or share Confidential Information except as expressly authorized.
• Not to provide account access to another person.
• Not to permit any third party to access Company materials through Recipient’s subscription or account.
• Not to use Confidential Information for commercial purposes.

 

5. Non-Competition Regarding Proprietary Materials

Recipient shall not:

• Use Company materials to create competing courses, programs, applications, workshops, memberships, certifications, or training systems.
• Teach, license, sell, or distribute Company curriculum without written permission.
• Reverse engineer, replicate, or substantially reproduce Company’s proprietary methodologies or training systems.

Nothing in this Agreement prevents Recipient from teaching generally known self-defense concepts acquired through independent training or public sources.

 

6. Intellectual Property Ownership

All content provided through the Smart Girl Self Defense by Jackson Wink App remains the exclusive property of the Company.

This includes:

• Copyrights
• Trademarks
• Trade secrets
• Training methodologies
• Videos and media
• Written content
• Graphics and designs
• Software-related content
• Logos and branding

No ownership rights are transferred to Recipient.

Recipient acknowledges that Smart Girl Self Defense by Jackson Wink, its logos, branding, and associated marks are protected intellectual property and may not be used without prior written authorization.

 

7. Limited License

Recipient receives a limited, revocable, non-transferable, non-exclusive license to access and use Company materials solely for personal educational purposes during an active subscription period.

No right is granted to:

• Copy content
• Redistribute content
• Commercialize content
• Create derivative works
• Use content for instruction of others

 

8. Injunctive Relief

Recipient acknowledges that unauthorized disclosure or use of Confidential Information may cause irreparable harm.

The Company shall be entitled to seek:

• Temporary restraining orders
• Injunctive relief
• Specific performance
• Monetary damages
• Recovery of attorney fees and costs where permitted by law

without the necessity of proving actual damages.

 

9. Term

This Agreement begins upon access to the Company’s materials and continues indefinitely with respect to trade secrets and confidential information until such information becomes publicly available through lawful means.

 

10. Return or Destruction of Materials

Upon request or termination of access, Recipient agrees to delete, destroy, or return any Confidential Information in their possession, including downloaded copies, recordings, notes, or reproductions.

 

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflict of law principles.

 

12. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning Confidential Information and supersedes any prior understandings regarding confidentiality.

 

13. Severability

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

 

14. Acceptance

By accessing, downloading, subscribing to, viewing, or using the Smart Girl Self Defense by Jackson Wink App or its materials, Recipient acknowledges that they have read, understood, and agree to be bound by this Agreement.