Terms of Service

1. Who we are and agreement to these terms

The Peninsular Company, LLC (“The Peninsular Company,” “we,” “us,” or “our”) is a privately held Michigan limited liability company based in Detroit, Michigan, for new ventures in technology and beyond.

These terms cover our website at thepeninsularcompany.com and anything you buy directly from us, such as subscriptions, digital products, physical products, or client services. By using the website or buying from us, you agree to these terms. If you accept them for a business, you confirm that you have authority to do so. Our Privacy Policy explains how we handle personal information.

2. Products and their own terms

Each product listed on our website has its own website, terms, and privacy policy, which govern your use of that product:

• The Ollin Tuner: ollintuner.com/terms.html
• Learn to Play Cards: learntoplaycardsapp.com/terms.html
• Heirloom: heirloomapp.io/terms.html
• Daily Canvas: dailycanvasapp.com/terms.html

Some products are in beta or not yet released. A product listed on our website may not be for sale today, and we may not offer every kind of purchase these terms describe at any given time.

Purchases made in an Apple app through the App Store are processed by Apple, not by us, under Apple’s terms. Apple handles their billing, cancellations, and refunds. To request an App Store refund, visit reportaproblem.apple.com.

For anything we charge you for directly, sections 3 through 8 control payment, subscriptions, cancellation, and refunds, even if a product’s own terms say something different, unless the product’s terms give you more rights. For everything else about using a product, the product’s own terms control.

3. Orders, prices, and payment

We are the seller of anything you buy directly from us, and we are responsible for the transaction. Prices are in US dollars unless shown otherwise. Before you pay, checkout or your invoice shows what you are buying, the total including any taxes, shipping, and fees, and the currency.

You pay when you place an order or as your invoice states. If you pay before a physical product ships, or pay a deposit before client work is done, you agree to pay in advance for goods or work we will provide later.

We accept major credit and debit cards and the other payment methods shown at checkout. You must be authorized to use the payment method you provide. Payments are processed by Stripe and, where applicable, its affiliates. Your payment details go directly to Stripe, which handles them under its privacy policy. We do not see or store your full card number. We send a receipt by email after each charge.

If we find an error in the price or description of something you ordered, we will tell you, and you can continue at the correct price or cancel for a full refund. We may also refuse or cancel an order before we fulfill it, for example if an item is unavailable or we suspect fraud. If we cancel after you have paid, we will refund the full amount to your original payment method.

4. Subscriptions

Before you subscribe, we will clearly show you the price, how often you will be charged, that the subscription renews automatically until you cancel, and how to cancel, and ask for your agreement. By agreeing, you authorize us to charge your payment method at the start of each billing period until you cancel, at the price you agreed to or a new price we told you about under this section. After you subscribe or start a trial, we will email you a confirmation with these details.

You can cancel at any time, online, without giving a reason. Email hello@thepeninsularcompany.com to cancel, or use the customer billing portal link in your receipts or account where we offer one. If you write from a different address, include the one you subscribed with. If your email reaches us before a renewal date, we will not charge you for that renewal, even if we process your email later. We will confirm your cancellation by email.

Cancellation takes effect at the end of your current paid period. You keep access until then and will not be charged again. We do not automatically refund partial periods, but you can ask for a refund under section 8.

If we change a subscription price, we will email you the new price, the date it starts, and how to cancel. The new price starts at your first renewal that is at least 30 days after that email, and you can cancel before then to avoid it.

For subscriptions billed every 6 months or less often, such as yearly plans, we will email you a reminder at least 7 days before each renewal, with the renewal date, the price, and how to cancel. We will also send any other reminder the law requires.

If a renewal payment fails, we may retry it and will ask you to update your payment method. If we cannot collect payment, we may pause or end your subscription.

5. Free trials and introductory offers

If we offer a free trial or an introductory price, we will show its terms before you enter your payment details: how long it lasts, what it includes, the price after it ends, when you will first be charged, and how to cancel. You agree to those terms when you start the offer.

A trial that requires a payment method converts to a paid subscription when it ends unless you cancel first, using any method in section 4. Before a trial or introductory price ends, we will email you a reminder with the date and amount of your first regular charge and how to cancel. We send it 7 days before the offer ends, or when the offer starts if it lasts 7 days or less.

We do not charge hidden fees, and we will not sign you up for a paid plan or add a charge without your clear agreement. The only automatic charges are the renewals and trial conversions you agreed to, at the price you agreed to or a new price we told you about under section 4.

6. Digital products

After you pay for a digital product, we deliver it as described at checkout, such as by download link, by email, or by giving you access in the relevant app or website. If you do not receive it or cannot access it, email us and we will fix it or refund you.

We give you a limited, personal, non-exclusive, non-transferable license to use the digital products you buy, and we or our licensors keep all ownership rights. Unless we agree in writing, you may not resell, redistribute, sublicense, or publicly share them. If a product has its own license terms, we will show them at purchase and they will control.

7. Physical products

Shipping options, costs, and estimated delivery dates are shown at checkout. If we cannot ship within the time we stated, or within 30 days of your order if we stated no time, we will email you before that time passes with a new estimate, and you can choose to wait or cancel for a full refund. We ship only to the locations offered at checkout and to the address you provide, so please check it before you pay.

Some products may be made or shipped by third-party suppliers on our behalf, and one order may arrive in separate packages. We remain the seller and are responsible for your order. Ownership and risk of loss pass to you on delivery.

If an item arrives damaged, defective, or wrong, or your order does not arrive, email us as soon as you can so we can resolve it quickly with the carrier or supplier. Include your order number, a description of the problem, and photos of any damaged or wrong items. We will make it right as described in section 8.

8. Refunds and returns

We consider refund requests case by case, with no fixed refund window, and review each one fairly based on what you bought, what went wrong, and what outcome is reasonable. App Store purchases are handled by Apple, as explained in section 2.

In these cases we will always make it right:

• If you were charged in error, or charged more than once for the same thing, we will refund the incorrect charge.
• If something you paid for was never delivered, or was defective, damaged, wrong, or not as described, we will replace it, fix it, or refund you. If we cannot replace or fix it within a reasonable time, we will refund you.
• If the law requires a refund, we will give one.

To ask for a refund, email hello@thepeninsularcompany.com with “Refund request” in the subject line. Please include:

• your name and the email address used for the purchase;
• your order number, invoice number, or receipt;
• why you are asking, with photos if an item is damaged or wrong; and
• what you would like, such as a refund, replacement, or exchange.

We will reply within 10 business days with a decision or with any questions we need answered. If we decline a request, we will explain why.

Approved refunds go back to your original payment method. We may give a partial refund where that is fair, such as for part of a subscription period. A refund usually takes 5 to 10 business days to appear, depending on your bank or card issuer. We will confirm each refund by email.

To return or exchange an undamaged physical item, email us before sending anything back. We consider these requests case by case, including whether the item is unused and in its original condition. If we approve a return, we will tell you where to send the item, who pays for return shipping, and how much we will refund, and we will issue the refund after we receive the item. For items that were defective, damaged, or wrong, we cover return shipping or may not require a return at all.

If you were charged for a subscription renewal you did not intend, tell us promptly and we will consider a refund. Refunds for client work follow the written agreement for that work, and this section applies where the agreement is silent.

If you have a problem with a charge, please contact us first. This does not limit any right you have to dispute a charge with your card issuer or bank.

9. Client services

We provide client services, including websites, marketing and growth, apps and software, and IT and systems. Each engagement is governed by the written proposal, agreement, or invoice we give you for it, which describes the work, the fees, and how to pay, and which controls if it conflicts with these terms.

We send invoices through Stripe, payable as stated on the invoice. We will charge a saved payment method automatically, such as for a monthly retainer, only with your authorization, which will state when you will be charged, how the amount is set, and how to stop automatic charges.

Ownership of the deliverables, and any license to tools or code we created before or outside your project, are set by the written agreement for that engagement. Third-party components, such as fonts, software libraries, and stock images, remain subject to their own licenses. We will not name you as a client or show your project publicly without your permission.

10. No gambling or prizes

None of our products involve gambling, wagering, or betting, or offer prizes of money or anything of value. Learn to Play Cards teaches card games for learning and practice only.

11. Using the website

You may use our website only for lawful purposes. Do not try to gain unauthorized access to it or the systems that host it, disrupt or overload it, introduce harmful code, or pretend to be us or falsely claim a connection with us.

The content of the website and our name and logo belong to us. You may not use them without our written permission, except to refer to us or our products accurately. Websites we link to, such as Apple and Stripe, have their own terms, and we are not responsible for them.

12. Disclaimers

Except as stated in these terms, in a product’s own terms, or in a written agreement with us, and to the extent the law allows, our website, products, and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

This section does not limit any implied warranty the law gives you for a physical product you buy from us for personal, family, or household use. Nothing in these terms limits any rights you have under consumer protection laws that cannot be waived or limited by contract.

13. Limitation of liability

To the extent the law allows, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from these terms, the website, or anything you buy from us. Our total liability for all such claims is limited to the greater of the amount you paid us in the 12 months before the event that led to the claim, or US$100.

These limits do not apply to liability for fraud, gross negligence, or willful misconduct, to death or personal injury caused by our negligence or by a product we sold you, or to anything else the law does not allow us to limit. They also do not reduce our obligations under section 8.

14. Governing law and disputes

These terms are governed by the laws of the State of Michigan, without regard to its conflict of law rules.

If you have a concern, please email us first, and we will work with you in good faith to resolve it informally. If we cannot, either of us may bring a claim in the state or federal courts located in the State of Michigan, and both of us agree to the personal jurisdiction of those courts. This section does not take away any rights you have under the consumer protection laws of the place where you live.

15. Electronic communications and signatures

You agree that we may send receipts, invoices, notices, and other communications electronically, such as by email. To the extent the law allows, they meet any requirement to be in writing. Please keep your email address current, and ask us if you need a copy of any receipt or notice.

When you accept these terms, a subscription, a payment authorization, or a proposal by clicking or signing electronically, it has the same effect as signing on paper.

16. General

You must be at least 18, or the age of majority where you live if that is higher, to buy from us.

If a court finds part of these terms unenforceable, the rest stays in effect. If we do not enforce a term right away, we can still enforce it later. You may not transfer your rights under these terms without our written consent. We may transfer ours to a business that takes over the relevant part of our business, and your rights will stay the same.

These terms, together with any product terms, order, invoice, or written agreement they refer to, are the whole agreement between you and us about their subject.

17. Changes to these terms

When we update these terms, we will post the new version on this page and update the date at the top. Before a material change takes effect, we will post a notice on our website and email customers with an active subscription or open order.

Changes apply from their effective date and do not change the terms of a purchase you have already made unless you agree. For an active subscription, a material change applies starting with your first renewal that is at least 30 days after our notice, and you can cancel before then. If you keep using the website after a change takes effect, you accept the updated terms.

18. Contact

To ask a question about these terms, cancel a subscription, request a refund, or report a problem with an order, email us at hello@thepeninsularcompany.com.

The Peninsular Company, LLC, Detroit, Michigan, United States