4Winners Merch — Subscription Program Terms and Conditions

These Subscription Terms and Conditions ("Terms") govern the subscription programs (including but not limited to the Platinum, Diamond, Gold, and Silver packages, and any future subscription tier) offered by GO4THEWIN Inc., a Nevada corporation doing business as 4Winners Merch ("4Winners," "we," "us," or "our"), whose principal place of business is 3825 W. Cheyenne Ave., Suite 605, North Las Vegas, NV 89032. By enrolling in any 4Winners subscription program, submitting a subscription order, or making a subscription payment, you ("Client," "Subscriber," or "you") accept and agree to be bound by these Terms.

If you do not agree to these Terms, do not enroll and do not submit payment.

1. The Subscription Program

1.1 Deliverables

Each subscription package includes the specific benefits and deliverables described on the subscription tier page or marketing packet applicable to the tier you purchased (the "Package Description"). Deliverables may include, without limitation: mystery boxes, product samples, on-call design services, custom packaging, custom neck tags, a dedicated custom web store, a dedicated account manager, and a stated production turnaround window. The Package Description is incorporated into these Terms by reference.

1.2 Access, Not Inventory

Unless expressly stated otherwise in the Package Description, a subscription grants you access to services, design capacity, and preferred pricing — it does not entitle you to a specific fixed quantity of physical goods. Individual merchandise orders are placed separately, quoted separately, and produced against the applicable Package pricing.

1.3 Design and Sample Allowances

Any monetary "value" figures stated in a Package Description (for example "$2,000 in samples per year" or "$1,500 in free designs") represent the maximum aggregate retail value of services you may request during the applicable term. Unused allowances do not roll over and have no cash value upon expiration, cancellation, or non-renewal.

2. Term, Renewal, and Cancellation

2.1 Initial Term

Unless a different term is stated in your signed order or invoice, the initial subscription term is twelve (12) months commencing on the date of your first payment (the "Effective Date").

2.2 Automatic Renewal

At the end of the initial term and each renewal term, your subscription will automatically renew for successive twelve (12) month periods at our then-current published rate for the same tier, unless either party provides written notice of non-renewal at least thirty (30) days before the end of the current term.

2.3 Cancellation by Client

You may cancel your subscription at any time by providing written notice to accounting@4winnersmerch.com. Cancellation takes effect at the end of the then-current billing cycle. You are responsible for all subscription fees and any merchandise orders placed, produced, or in production up to the effective date of cancellation.

2.4 Suspension for Non-Payment

If any subscription payment is more than fifteen (15) days past due, we may suspend services (including access to your dedicated web store, design services, and account manager) without further notice. If any payment is more than thirty (30) days past due, we may terminate the subscription for cause and pursue collection of all amounts owed, including reasonable attorneys' fees.

2.5 Termination by 4Winners

We may terminate your subscription for cause at any time upon written notice for (a) non-payment beyond the cure periods in Section 2.4, (b) material breach of these Terms, (c) abusive, unlawful, or fraudulent conduct, or (d) any conduct that in our reasonable judgment damages 4Winners' reputation, staff, or vendor relationships.

3. Payment Terms

3.1 Billing

Subscription fees are billed monthly in advance unless a different cadence (quarterly or annual) is stated in your signed order. All fees are in U.S. dollars and are exclusive of taxes, duties, and shipping.

3.2 Payment Methods

We accept payment by credit card (via Stripe), ACH, and wire transfer. Credit card payments are automatically charged on the same day of each month as your Effective Date. You authorize us to charge your saved payment method for all recurring subscription fees and for any separately quoted merchandise orders you approve.

3.3 Failed Payments

If a scheduled payment fails, we will attempt to re-charge the payment method up to three times over ten (10) days. A $25 processing fee may be applied to each failed payment. See Section 2.4 for suspension and termination consequences.

3.4 Merchandise Orders Are Separate

Individual merchandise orders (apparel, drinkware, promotional products, custom packaging beyond your monthly allowance, etc.) are quoted separately, invoiced separately, and require full payment before production begins unless a written credit arrangement is in place.

4. No Refunds

4.1 Non-Refundable Fees

All subscription fees are non-refundable. This includes, without limitation, prorated portions of unused months, unused design hours, unused sample allowances, and any monetary "values" stated in the Package Description. Cancellation stops future billing; it does not create a refund.

4.2 Non-Refundable Production

Custom merchandise is manufactured to your specification and cannot be resold. Accordingly, all custom merchandise orders are non-refundable and non-returnable once production has begun. "Production has begun" means artwork has been approved, digital proofs have been accepted, or materials have been cut, printed, decorated, or committed to a vendor purchase order — whichever occurs first.

4.3 Sole Remedy for Defects

If merchandise you receive is materially defective or materially non-conforming to the approved digital proof, you must notify us in writing at accounting@4winnersmerch.com within five (5) business days of delivery, including photographs of the defect and the shipping label. Your sole and exclusive remedy is, at our option, either (a) reprint and replacement of the defective units, or (b) a credit toward a future order equal to the value of the defective units. We do not issue cash refunds for defects.

4.4 Chargebacks

Initiating a chargeback for any charge covered by these Terms without first exhausting the dispute process in Section 10 constitutes a material breach. We reserve the right to recover any chargeback amounts, plus a $50 administrative fee per disputed transaction, and to terminate your subscription immediately.

5. Delivery, Title, and Risk

5.1 Turnaround

Stated turnaround windows (e.g., "7–10 business days") begin the business day after artwork is approved in writing and payment (if applicable) is received in full. Turnaround windows are estimates and not guarantees. Delays caused by vendor stockouts, shipping carriers, customs, weather, force majeure, or client-requested changes do not entitle Client to a refund.

5.2 Shipping

Shipping is billed separately unless expressly included in the Package Description. Title and risk of loss pass to Client upon our delivery of goods to the carrier (FOB Origin).

5.3 Held Inventory

If Client requests that 4Winners store completed merchandise for later release (including "on-call" fulfillment), such inventory remains Client property but is held at Client's risk. If Client fails to provide release instructions or pay outstanding balances within ninety (90) days of production completion, 4Winners may, upon fifteen (15) days' written notice, invoice a monthly storage fee of $50 per pallet or $10 per box (whichever is lower), and after one hundred eighty (180) days of non-response may liquidate or dispose of the inventory to offset outstanding amounts.

6. Intellectual Property

6.1 Client Content

You retain ownership of all trademarks, logos, brand assets, and artwork you provide to us ("Client Content"). You grant 4Winners a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Content solely to perform the services under these Terms and to display Client Content in our marketing portfolio unless you opt out in writing.

6.2 4Winners Work Product

Designs, mockups, artwork variations, and derivative files created by 4Winners designers ("Work Product") remain 4Winners property until paid in full. Upon full payment, ownership of the final approved production-ready files for accepted designs transfers to Client. Preliminary concepts, unused variations, and internal working files remain 4Winners property.

6.3 Warranty of Rights

You represent and warrant that you own or have all necessary rights to Client Content and that Client Content does not infringe any third-party rights. You will indemnify and hold 4Winners harmless from any third-party claim arising from Client Content.

7. Limitation of Liability

7.1 Cap on Liability

To the maximum extent permitted by law, 4Winners' total aggregate liability arising out of or relating to your subscription, these Terms, or any merchandise ordered hereunder shall not exceed the total amount actually paid by Client to 4Winners in the twelve (12) months immediately preceding the event giving rise to the claim.

7.2 Excluded Damages

In no event will 4Winners be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

7.3 Basis of Bargain

Client acknowledges that the pricing of the subscription reflects the allocation of risk set forth in these Terms and that these limitations are an essential basis of the bargain between the parties.

8. Confidentiality

Each party agrees to hold in confidence all non-public information disclosed by the other party in connection with this Agreement, including pricing, vendor sources, customer lists, artwork in development, and business plans, and to use such information solely to perform under these Terms. This obligation survives termination for two (2) years.

9. Force Majeure

Neither party will be liable for any delay or failure to perform (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, tariffs, labor disputes, vendor failure, shipping carrier disruption, or utility outage.

10. Dispute Resolution

10.1 Good-Faith Notice

Before initiating any formal proceeding, the complaining party must send a written "Notice of Dispute" to the other party describing the claim and the relief sought. The parties will attempt in good faith to resolve the dispute within thirty (30) days of the notice.

10.2 Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

10.3 Exclusive Venue

Any unresolved dispute shall be brought exclusively in the state or federal courts located in Clark County, Nevada, and each party consents to personal jurisdiction and venue in those courts. Each party waives any objection based on inconvenient forum.

10.4 Jury Trial Waiver

Each party knowingly and voluntarily waives any right to a trial by jury in any action arising out of or relating to these Terms.

10.5 Attorneys' Fees

In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

11. General Provisions

11.1 Entire Agreement

These Terms, together with your signed order form, Package Description, and any written amendments signed by both parties, constitute the entire agreement between the parties and supersede all prior discussions, marketing statements, proposals, and understandings.

11.2 Order of Precedence

In the event of a conflict, the order of precedence is: (1) a signed written amendment, (2) your signed order form, (3) these Terms, (4) the Package Description or marketing packet.

11.3 Modification of Terms

We may update these Terms from time to time. Material changes will be posted at 4winnersmerch.com/subscription-terms and, for existing subscribers, communicated by email at least thirty (30) days before taking effect. Continued use of the subscription after the changes take effect constitutes acceptance.

11.4 No Waiver

Failure to enforce any provision is not a waiver of that or any other provision.

11.5 Severability

If any provision is held unenforceable, the remaining provisions remain in full force.

11.6 Assignment

Client may not assign these Terms without our prior written consent. 4Winners may assign these Terms in connection with a merger, acquisition, or sale of substantially all its assets.

11.7 Notices

All formal notices must be sent to: 4Winners Merch, Attn: Legal, 3825 W. Cheyenne Ave., Suite 605, North Las Vegas, NV 89032, with a copy by email to accounting@4winnersmerch.com. Notices to Client may be sent to the email and address on file.

11.8 Electronic Acceptance

Enrollment in a subscription program, submission of a subscription payment, or clicking "I Agree" during checkout constitutes your electronic signature and binding acceptance of these Terms under the Nevada Uniform Electronic Transactions Act.

12. Contact

4Winners Merch (a d/b/a of GO4THEWIN Inc.)
3825 W. Cheyenne Ave., Suite 605
North Las Vegas, NV 89032
Phone: (702) 630-4646
Email: accounting@4winnersmerch.com
Web: www.4winnersmerch.com

By enrolling, you acknowledge that you have read, understood, and agree to be bound by these Subscription Terms and Conditions.