Effective Date: July 13, 2026

This Terms of Service Agreement ("Agreement") is entered into between Drew O'Brien Creative LLC, a New Jersey limited liability company doing business as Make Cool Sh*t ("Provider," "we," "us," or "our"), and the subscriber ("Client," "you," or "your"), effective as of the date the Client subscribes to the Services.

By subscribing, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms. If the Client is subscribing on behalf of an organization, the individual accepting these Terms represents and warrants that they have the authority to bind that organization to this Agreement.

1. The Service

1.1 Description. The Provider offers the Unlimited Cool Sh*t Design Subscription (the "Service"), a monthly subscription that provides Client with access to design, creative production, and strategy work by the Provider's team. The Client may submit unlimited requests through a shared project management platform (currently Trello). The Provider will work on the Client's active requests concurrently based on the Client's subscription tier.

1.2 Scope. The Service covers ongoing design, creative execution, and strategy work. The Service does not include full brand foundation builds, ground up rebrands, custom website builds from scratch, photo or video productions, or podcast productions. Those are offered by the Provider as separate studio projects and are governed by their own scopes of work and agreements.

1.3 Turnaround and Concurrency. Turnaround times and the number of concurrent active projects vary by tier and are described on the Provider's website at the time of subscription. The Provider will use commercially reasonable efforts to meet stated turnaround times but does not guarantee delivery dates for complex or multi phase work.

1.4 Use of AI Tools. The Provider may use artificial intelligence tools to accelerate certain creative tasks. All AI assisted output is reviewed and directed by the Provider's team before delivery.

2. Subscription Tiers

2.1 Current Tiers. The Service is offered in the following tiers as of the Effective Date:

• The Breakthrough: $4,999 per month

• The Takeover: $7,999 per month

Full descriptions of each tier are available on the Provider's website.

2.2 Changes to Tiers. The Provider reserves the right to modify tier names, pricing, offerings, and Terms from time to time. Active subscribers will be notified in writing of any price changes at least thirty (30) days before those changes take effect.

2.3 Power Ups. Requests that fall outside the scope of the Client's subscription tier may be offered as an additional Power Up charge. The Provider will discuss any Power Up charges with the Client in advance and obtain written approval before charging the payment method on file.

2.4 Returning Clients. If a Client cancels the Service and later re subscribes, the pricing, tier names, tier offerings, and Terms in effect at the time of re subscription will apply. The Client is not entitled to any prior pricing, structure, or terms from a previous subscription period.

3. Payment and Billing

3.1 Subscription Fee. The Client agrees to pay the applicable monthly subscription fee for their chosen tier.

3.2 Billing Cycle. The subscription fee is billed monthly on the same day of each month, corresponding to the day the Client first subscribed. The Provider will automatically charge the payment method the Client provides at checkout.

3.3 Non Payment. If a payment fails, the Provider will attempt to notify the Client. If payment is not resolved within seven (7) days, the Provider may pause the Service until the account is current. The Provider may charge a late fee of the lesser of 1.5% per month or the maximum rate permitted by law on any past due amounts.

3.4 No Refunds. All subscription fees are non refundable, including any partial month use of the Service after a cancellation date.

3.5 Chargebacks. The Client agrees not to initiate a chargeback or dispute any charge for Services rendered without first contacting the Provider in writing at contact@wemakecoolshit.co and allowing at least ten (10) business days to resolve the issue. If the Client initiates a chargeback in violation of this section, the Provider may suspend or terminate the Service, and the Client remains responsible for the disputed amount plus any chargeback fees and reasonable collection costs.

4. Minimum Commitment, Automatic Renewal, and Cancellation

4.1 Minimum Commitment. All subscriptions require a three (3) month minimum commitment. The Client agrees to pay for at least three (3) full months of the Service at their chosen tier before the commitment converts to month to month.

4.2 Automatic Monthly Renewal. After the three month minimum is fulfilled, the subscription automatically renews at the end of each monthly billing cycle for another one (1) month term. Renewal continues on this rolling basis until the Client provides written notice of cancellation. There is no cap on the number of renewals.

4.3 How to Cancel. To cancel, the Client must send written notice to contact@wemakecoolshit.co. Cancellations take effect at the end of the then current billing cycle, and the Client will not be charged for any billing cycles after that date. The Provider does not accept verbal cancellations.

4.4 Early Cancellation During the Minimum. If the Client wishes to cancel before the three month minimum is complete, the Client remains responsible for the remaining monthly fees within the initial commitment period.

4.5 Cancellation by Provider. The Provider reserves the right to cancel or suspend the Service at any time, including but not limited to non payment, abusive conduct toward the team, or misuse of the Service. If the Provider cancels the Service for any reason other than a material breach by the Client, the Provider will refund any prepaid amounts for future months.

4.6 Plan Changes. The Client may upgrade or downgrade between subscription tiers once per month by providing written notice. Tier changes take effect at the start of the next billing cycle.

5. Client Responsibilities

5.1 Content and Feedback. The Client agrees to provide reasonable direction, source materials, brand assets, feedback, and approvals in a timely manner so the Provider can perform the Service effectively.

5.2 Communication. All communication regarding requests should be made through the Client's designated Trello board or, where applicable to the tier, direct communication channels made available by the Provider.

5.3 Third Party Materials. The Client is responsible for ensuring they have the rights to any content, images, fonts, logos, or other materials they provide to the Provider for use in deliverables.

5.4 Acceptable Use. The Client agrees not to use the Service to create, request, or produce any work that: (a) infringes the intellectual property, publicity, or privacy rights of any third party; (b) is defamatory, obscene, harassing, or otherwise unlawful; (c) promotes hate, violence, or discrimination; (d) is intended to deceive, defraud, or impersonate any person or entity; or (e) violates any applicable law or regulation. The Provider reserves the right to refuse any request that violates this section, and repeated violations may result in termination of the Service without refund.

5.5 Backup of Client Materials. The Client is responsible for maintaining backups of any materials, files, or content they provide to the Provider. The Provider is not responsible for the loss of Client materials.

6. Intellectual Property

6.1 Deliverables. Upon full payment for the applicable billing cycle, all intellectual property rights in the final deliverables created by the Provider for the Client transfer to the Client. The Client owns every deliverable.

6.2 Provider Materials. The Provider retains ownership of any pre existing materials, tools, templates, workflows, and processes it uses in providing the Service, including general know how developed during the engagement that is not specific to the Client's deliverables.

6.3 Third Party Assets. Where the Provider incorporates licensed third party assets (fonts, stock imagery, plugins, and similar) into deliverables, the Client's use of those assets is subject to the terms of the applicable third party license.

6.4 Feedback. Any feedback, suggestions, or ideas the Client provides regarding the Service may be used by the Provider without obligation or compensation to the Client.

7. Portfolio and Publicity

7.1 Portfolio Use. The Provider reserves the right to feature work created for the Client in the Provider's portfolio, case studies, website, social media, and marketing materials, unless the Client requests in writing that specific work be excluded.

7.2 Confidential Materials. The Provider will not disclose Client information marked as confidential in portfolio use.

8. Confidentiality

8.1 Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged during the subscription. Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party.

9. Holidays, Time Off, and Force Majeure

9.1 U.S. Federal Holidays. The Provider observes all U.S. federal holidays, including New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and the day after, and Christmas Eve and Christmas Day. Service turnaround times do not include days on which the Provider is closed.

9.2 Studio Closures and Planned Time Off. In addition to federal holidays, the Provider may close for up to two (2) weeks of additional planned time off per calendar year for team retreats, training, and rest. The Provider will provide reasonable advance notice of planned closures.

9.3 Unplanned Closures. The Provider may close on short notice for illness, family emergencies, or other unforeseen circumstances, and will notify the Client when reasonably possible.

9.4 No Refunds or Credits. No refunds or credits will be issued for any holidays, planned closures, or unplanned closures.

9.5 Force Majeure. The Provider is not liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, pandemics, war, civil unrest, government orders, infrastructure failures, or utility outages.

10. Warranties and Disclaimers

10.1 Service Warranty. The Provider warrants that the Service will be performed in a professional and workmanlike manner consistent with industry standards.

10.2 Disclaimer. Except as expressly stated in Section 10.1, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory. The Provider disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non infringement, and any warranty arising from course of dealing or usage of trade. The Provider does not warrant that the Service will meet the Client's specific requirements, achieve any particular business result, or be uninterrupted or error free.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, the Provider's total liability arising out of or related to this Agreement will not exceed the total subscription fees paid by the Client to the Provider in the three (3) months immediately preceding the event giving rise to the claim.

11.2 The Provider will not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, lost revenue, or business interruption, even if advised of the possibility of such damages.

12. Indemnification

12.1 The Client agrees to indemnify, defend, and hold harmless the Provider, its officers, employees, and contractors from any third party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's use of the deliverables; (b) claims of intellectual property infringement based on materials the Client provided to the Provider; (c) the Client's violation of the Acceptable Use provisions in Section 5.4; or (d) the Client's breach of this Agreement.

13. Independent Contractor Relationship

13.1 The Provider is an independent contractor. Nothing in this Agreement creates an employer employee, partnership, joint venture, or agency relationship between the parties. Neither party has the authority to bind or obligate the other.

14. Assignment

14.1 The Client may not assign or transfer this Agreement, in whole or in part, without the Provider's prior written consent. The Provider may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.

15. Governing Law, Venue, and Jurisdiction

15.1 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. This applies to all Clients regardless of the Client's state of residence or place of business.

15.2 Exclusive Venue. Any dispute arising out of or related to this Agreement will be resolved exclusively in the state or federal courts located in Essex County, New Jersey. By subscribing, the Client consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum, improper venue, or lack of personal jurisdiction, regardless of where the Client resides or does business.

15.3 Class Action Waiver. Both parties agree that any dispute will be brought on an individual basis only, and not as a class or collective action.

15.4 Waiver of Jury Trial. To the maximum extent permitted by law, both parties waive the right to a trial by jury in any action arising out of or related to this Agreement.

15.5 Informal Resolution. Before initiating any legal action, the parties agree to attempt in good faith to resolve any dispute through direct discussion for at least thirty (30) days after written notice of the dispute.

16. Notices

16.1 All notices required or permitted under this Agreement must be in writing and sent by email to contact@wemakecoolshit.co (to the Provider) or to the email address the Client provided at checkout (to the Client). Notices are deemed given on the date the email is sent.

17. Changes to These Terms

17.1 The Provider may update these Terms from time to time. Material changes will be communicated to active subscribers via email at least thirty (30) days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Miscellaneous

18.1 Entire Agreement. This Agreement, together with any scope of work or project agreements referenced herein, constitutes the entire agreement between the parties and supersedes all prior discussions or agreements, whether written or oral.

18.2 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

18.3 No Waiver. A failure or delay by either party to enforce any right under this Agreement does not waive that right or any other right.

18.4 Headings. Section headings are for convenience only and do not affect interpretation.

19. Contact

Drew O'Brien Creative LLC, d/b/a Make Cool Sh*t
411 Pompton Ave, Suite 6
Cedar Grove, NJ 07009
contact@wemakecoolshit.co