END USER LICENSE AGREEMENT & PROGRAM TERMS OF USE

Shunammite Enterprises, LLC • Becoming Whole Institute • Kelly Smith Speaks


Effective: July 2026


PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS YOUR PURCHASE, ACCESS, AND USE OF ALL PROGRAMS, COURSES, ASSESSMENTS, DIGITAL PRODUCTS, AND CONTENT OFFERED BY SHUNAMMITE ENTERPRISES, LLC. IT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19) THAT AFFECT YOUR LEGAL RIGHTS.



KEY TERMS AT A GLANCE

This summary is for convenience only. The full terms below control.

1. ACCEPTANCE OF THIS AGREEMENT

This End User License Agreement and Program Terms of Use (“Agreement”) is a legally binding contract between you (“you,” “user,” or “participant”) and Shunammite Enterprises, LLC, a California limited liability company, on behalf of itself, Becoming Whole Institute, and Kelly Smith Speaks (collectively, “Shunammite,” “we,” “us,” or “our”).

You accept this Agreement by doing any of the following: (a) clicking a checkbox, button, or other affirmative consent mechanism (“clickwrap”) presented at enrollment, checkout, or portal entry; (b) purchasing any product or program; (c) enrolling in, accessing, or completing any program, course, assessment, or portal; or (d) otherwise using the Materials as defined below. If you do not agree, do not purchase, enroll, or access the Materials.

This Agreement incorporates by reference our Privacy Policy, our Coaching & Educational Services Disclaimer, our Merchant Policies, and any program-specific clickwrap agreement you accept at enrollment (Versions A–E, as applicable). If a program-specific agreement conflicts with this Agreement, the program-specific agreement controls for that program only.

Age Requirement: You represent and warrant that you are at least eighteen (18) years of age. Our Site, programs, and Materials are not intended for, marketed to, or available to minors.

2. DEFINITIONS

“Materials” means all content we create, license, or provide in any form or medium, including without limitation: books, eBooks, workbooks, course lessons, videos, audio recordings, podcast episodes, assessments and their results pages, frameworks, worksheets, templates, slides, emails, portal content, coaching session content, live or recorded workshop content, and any updates or derivatives of the foregoing.

“Frameworks” means our proprietary methodologies and teaching systems, including without limitation the Shunammite Framework™, the Identity Audit™, the Language of Misalignment™, the Identity Reset Experience™, the 90-Day Becoming Whole Pathway, Stewardship of Rest™, and the Zoe Life Reset Assessment.

“Program” means any paid or free offering, including courses, workshops, coaching engagements, assessments, portals, events, and speaking-related deliverables.

3. LICENSE GRANT

Subject to your compliance with this Agreement and payment of all applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials for your own individual, non-commercial personal development.

This is a license, not a sale. You acquire no ownership interest in any Materials or Frameworks, regardless of the amount paid or the format delivered. Downloading, printing, or saving Materials does not transfer ownership.

4. LICENSE RESTRICTIONS

Except as expressly permitted in writing by Shunammite Enterprises, LLC, you may NOT:

  • Share, lend, sell, resell, rent, lease, distribute, or transfer the Materials, your enrollment, or your login credentials to any other person or entity;
  • Copy, reproduce, republish, upload, post, publicly display, or publicly perform the Materials, in whole or in part, on any website, platform, social media account, file-sharing service, or physical medium;
  • Record, screenshot, screen-capture, transcribe, or otherwise capture live sessions, coaching calls, workshops, or video content;
  • Teach, train, coach, license, certify, or facilitate others using the Frameworks or Materials, or represent yourself as authorized, certified, or affiliated with Shunammite, Becoming Whole Institute, or Kelly Smith Speaks;
  • Create derivative works, adaptations, translations, or competing products based on the Materials or Frameworks;
  • Remove, alter, or obscure any copyright, trademark, or proprietary notice;
  • Use the Materials, in whole or in part, to train, fine-tune, or develop any artificial intelligence model, dataset, or automated system, or scrape, crawl, or harvest any content from our Site or portals;
  • Circumvent, disable, or interfere with access controls, payment requirements, or security features of any portal or platform.

Any violation of this Section automatically terminates your license under Section 15, without refund, and may subject you to civil liability, including statutory damages for copyright and trademark infringement.

5. INTELLECTUAL PROPERTY AND TRADEMARKS

All Materials and Frameworks are the exclusive property of Shunammite Enterprises, LLC or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. “Shunammite Enterprises,” “Becoming Whole Institute,” “Kelly Smith Speaks,” the Shunammite Framework™, the Identity Audit™, the Language of Misalignment™, the Identity Reset Experience™, and Stewardship of Rest™, together with associated logos, crests, and trade dress, are trademarks or service marks of Shunammite Enterprises, LLC. Nothing in this Agreement grants you any right to use our names, marks, or branding.


Completing a Program — including the 90-Day Becoming Whole Pathway or any workshop — does not certify, license, or authorize you to teach, deliver, or commercialize the Frameworks in any form.

6. ACCOUNTS, ACCESS, AND SECURITY

  • Access to portals and Programs is licensed to one named individual. Credentials may not be shared.
  • You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.
  • Unless a Program states a different access period at purchase, access to self-paced digital Programs is provided for the period stated on the applicable sales or enrollment page, or, if none is stated, for the life of the Program as offered by us.
  • We may suspend or revoke access for violation of this Agreement, suspected fraud, chargebacks filed in breach of Section 8, or conduct that disrupts other participants.
  • We reserve the right to modify, update, or discontinue Programs, courses, or digital content at any time. Material changes to Programs in which you are actively enrolled will be communicated to you.

7. PURCHASES, PRICING, AND PAYMENT

Prices are stated in U.S. dollars and may change at any time; changes do not affect completed purchases. We accept payment through the processors identified at checkout (which may include PayPal, Venmo, Cash App, and card processors integrated with our platforms). Your use of any payment processor is also governed by that processor’s own terms. You are responsible for any applicable sales or use taxes. We reserve the right to cancel and refund any order affected by a pricing, listing, or system error.

8. REFUND AND CANCELLATION POLICY

General Rule — All Sales Final: Because our Programs and digital products deliver immediate access to proprietary content, all sales are final and non-refundable except as expressly stated in this Section or required by law. By purchasing digital content with immediate access, you expressly consent to immediate delivery and acknowledge that this consent is the basis for the limited refund terms below.

Exceptions. We will honor the following exceptions:

How to Request: Email [email protected] with the subject line “Refund Request,” your order confirmation, the date of purchase, and a description of the issue. We will respond within seven (7) business days. Approved refunds are issued to the original payment method within ten (10) business days of approval.


Live Events and Workshops: Tickets and registrations for live events are non-refundable but transferable to another person with written notice to us at least 48 hours before the event, unless the event page states otherwise.


Coaching Engagements: Scheduled coaching sessions may be rescheduled with at least 24 hours’ notice. Sessions missed without notice are forfeited. Unused sessions in multi-session packages expire twelve (12) months from purchase unless the engagement agreement states otherwise.


Chargebacks: You agree to contact us and complete the process above before initiating any chargeback or payment dispute. Chargebacks filed in violation of this Section may result in immediate suspension of access and referral of the outstanding balance for collection. Nothing in this paragraph waives rights you may have under your card agreement or applicable law.


Statutory Rights: Nothing in this Section limits any non-waivable right you hold under the California Consumer Legal Remedies Act or other applicable consumer protection laws.

9. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

We do not currently offer subscriptions or automatically renewing billing. If we introduce any offering that bills on a recurring or automatically renewing basis, the following terms will apply, consistent with the California Automatic Renewal Law (Bus. & Prof. Code § 17600 et seq.) and other applicable law:

  • Clear Disclosure Before Checkout: The renewal price, billing frequency, length of the renewal term, and cancellation method will be presented clearly and conspicuously before you complete the purchase.
  • Affirmative Consent: You will be required to take a separate affirmative action consenting to the automatic renewal terms; renewal terms will never be buried in general terms acceptance.
  • Confirmation: You will receive a post-purchase confirmation that includes the renewal terms and cancellation instructions in a form you can retain.
  • Renewal Reminders: For terms of one year or longer, we will send a renewal reminder notice 15 to 45 days before renewal. For free or discounted trial periods longer than 31 days, we will send a reminder 3 to 21 days before the trial converts to a paid term.
  • Easy Cancellation: You will be able to cancel online through a method at least as easy as the method used to sign up, and cancellation will take effect no later than the end of the then-current billing period. No cancellation fees will apply.
  • Price Changes: We will provide advance written notice of any renewal price increase, with a clear opportunity to cancel before the increase takes effect.

10. COACHING AND EDUCATIONAL SERVICES — NOT THERAPY OR MEDICAL CARE

All Programs and Materials are faith-based coaching and educational experiences. They are not clinical counseling, psychotherapy, psychiatric treatment, psychological evaluation, medical care, or any other licensed health service, and no client-therapist or patient-provider relationship is created. Kelly E. Smith is not a licensed mental health provider. The full Coaching & Educational Services Disclaimer, including emergency resources, is incorporated into this Agreement by reference, and you reaffirm it with each Program you access. If you experience a mental health emergency, call or text 988 (Suicide and Crisis Lifeline) or call 911.

11. NO GUARANTEED RESULTS; TESTIMONIALS

Personal growth outcomes depend on many factors unique to each individual, including effort, circumstances, and consistency. We make no representation, warranty, or guarantee that you will achieve any particular result, transformation, income, relationship outcome, or other benefit from any Program. Testimonials and examples shared on our Site or in our marketing reflect individual experiences and are not typical, promised, or guaranteed results. Assessment tools — including the Identity Audit™ and the Zoe Life Reset Assessment — are educational and reflective instruments, not validated clinical or diagnostic tests.

12. FAITH-BASED CONTENT

Our Programs and Materials are grounded in a Christian worldview and include scripture, prayer, and biblically based teaching. By enrolling, you acknowledge the faith-based nature of the content. Participation does not require any particular religious affiliation, and the presence of faith-based content is not a substitute for, or a form of, licensed pastoral counseling.

13. USER CONDUCT AND COMMUNITY GUIDELINES

In any live session, workshop, portal, comment area, or community space we operate, you agree not to: harass, demean, or threaten any participant or facilitator; share another participant’s personal information or story outside the space; post unlawful, infringing, obscene, or commercially solicitous content; or disrupt sessions. Confidentiality within group settings is a condition of participation: what is shared in the room stays in the room. We may remove content or participants who violate this Section without refund.

14. USER-GENERATED CONTENT AND DMCA

If you submit content to us or our platforms (comments, testimonials, questions, community posts), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with operating and promoting our Site and Services, consistent with the Name, Image, and Likeness and User-Generated Content provisions of our Privacy Policy. You represent that you own or control the rights to anything you submit. Copyright infringement claims are handled under the DMCA Notice and Takedown procedure set out in our Privacy Policy, and that procedure is incorporated here by reference.

15. TERMINATION

By Us: We may suspend or terminate your license and access, without refund, if you materially breach this Agreement, including any violation of Sections 4, 6, 8 (chargeback abuse), or 13. Where practical, we will provide notice and an opportunity to cure breaches that are curable.

By You: You may stop using the Materials at any time. Termination by you does not create a refund right except as provided in Section 8.

Survival: Sections 4, 5, 8, 10, 11, 14, and 16 through 22 survive termination.

16. DISCLAIMER OF WARRANTIES

THE MATERIALS, PROGRAMS, SITE, AND PORTALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT THE SITE OR PORTALS WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHUNAMMITE ENTERPRISES, LLC, BECOMING WHOLE INSTITUTE, KELLY SMITH SPEAKS, AND KELLY E. SMITH INDIVIDUALLY, TOGETHER WITH THEIR OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PROGRAM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE PROGRAM GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shunammite Enterprises, LLC, Becoming Whole Institute, Kelly Smith Speaks, and Kelly E. Smith, and their respective officers, members, employees, contractors, and agents, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of this Agreement; (b) your violation of any law or third-party right; (c) content you submit; or (d) your unauthorized use, reproduction, or distribution of the Materials or Frameworks.

19. BINDING ARBITRATION, GOVERNING LAW, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION IS IDENTICAL IN SUBSTANCE TO THE DISPUTE RESOLUTION PROVISION IN OUR PRIVACY POLICY, AND THE TWO ARE INTENDED TO BE READ AND ENFORCED CONSISTENTLY.


Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the Site or Services, any Program, or any purchase — including disputes about the scope or enforceability of this arbitration provision — shall be resolved exclusively through binding individual arbitration, except as stated below.

Governing Law: All disputes shall be governed by the laws of the State of California, without regard to its conflict-of-law principles, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) shall govern the interpretation and enforcement of this arbitration provision.

Arbitration Rules: Arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules (claims under $250,000) or Comprehensive Arbitration Rules (claims over $250,000). The arbitrator shall apply California substantive law.


CLASS ACTION WAIVER: YOU AND SHUNAMMITE ENTERPRISES, LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY.


Exceptions: Either party may bring an individual claim in small claims court if it qualifies. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm — including unauthorized use or distribution of the Materials or Frameworks — while arbitration is pending. Nothing in this provision limits either party’s right to file a complaint with a regulatory agency.

Pre-Arbitration Notice: The initiating party must first send written notice to [email protected] (Subject: “Dispute Notice”) or to the notice address provided by us, describing the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute for thirty (30) days before either party may initiate formal arbitration.

Venue and Format: Arbitration shall take place in Contra Costa County or Los Angeles County, California, or via videoconference at the claimant’s election. For any claims not subject to arbitration, the parties consent to exclusive personal jurisdiction in the state and federal courts located in Contra Costa County or Los Angeles County, California.

Costs: Filing fees and arbitrator’s compensation shall be allocated per JAMS rules. Each party bears its own attorneys’ fees unless the arbitrator finds a claim frivolous or brought in bad faith, or a statute provides otherwise.

30-Day Opt-Out: You may opt out of this arbitration provision by emailing [email protected] with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting this Agreement, stating your name and the email used at purchase. Opting out of arbitration does not affect any other part of this Agreement.

Severability: If any part of this arbitration provision is found unenforceable, the remaining provisions continue in effect; provided that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court rather than in class arbitration.

20. ACCESSIBILITY COMMITMENT

Shunammite Enterprises, LLC is committed to making our Site, portals, and Materials accessible to the widest possible audience, including people with disabilities. We aim to align our digital properties with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, and we work with our platform providers on an ongoing basis toward that standard.

If you experience difficulty accessing any part of our Site, portals, or Materials, or need content in an alternative format (such as large print or an accessible digital file), contact us at [email protected] with the subject line “Accessibility Request.” We will respond within five (5) business days and work with you in good faith to provide the information or service you need through a reasonable alternative method. Accessibility feedback is welcome and helps us improve.

21. FORCE MAJEURE

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, government actions, internet or platform outages, or failures of third-party service providers. Where a live event is affected, Section 8 (Event or Program Cancellation) governs your remedy.

22. GENERAL PROVISIONS

  • Entire Agreement: This Agreement, together with the documents incorporated by reference, is the entire agreement between you and us regarding the Materials and Programs, and supersedes prior discussions on the subject.
  • Changes: We may update this Agreement from time to time. Material changes will be posted on our Site with a new effective date, and continued use after the effective date constitutes acceptance. Changes do not apply retroactively to disputes that arose before the change.
  • Assignment: You may not assign this Agreement. We may assign it in connection with a sale, merger, or reorganization of our business.
  • No Waiver: Our failure to enforce any provision is not a waiver of the right to enforce it later.
  • Severability: If any provision is held unenforceable, the remainder continues in full force.
  • Headings: Headings are for convenience only and do not affect interpretation.
  • Electronic Agreement: You agree that clickwrap acceptance and electronic records satisfy any requirement that this Agreement be in writing or signed, consistent with the federal E-SIGN Act and California UETA.

23. CONTACT

Shunammite Enterprises, LLC

Email: [email protected]

Website: www.shunammiteenterprises.com

Refund Requests: Subject line “Refund Request” • Disputes: Subject line “Dispute Notice” • Accessibility: Subject line “Accessibility Request”


Identity • Healing • Freedom