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Pomm's Watercolor Academy

Terms & Conditions

Effective Date: January 1st 2026 |  Last Updated: February 20th 2026

Please read these Terms carefully before purchasing or accessing any of our products or programs. By using our services, you agree to be bound by these Terms.

 

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and HTMT LLC, a Florida limited liability company doing business as Pomm's Watercolor Academy ("Company," "we," "us," or "our"), located at 2125 Biscayne Blvd, Ste 204 #24400, Miami, Florida 33137, USA.

 

These Terms govern your access to and use of our websites, digital products, downloads, and programs — including The Institute — across all platforms we operate, including our Kajabi site, ClickFunnels funnels, and Membership.io community.

 

1. Eligibility

By accessing or purchasing from us, you confirm that:

 

  • You are at least 18 years of age. Our services are intended for adults only. If you are under 18, you may not purchase or enroll without the express consent and participation of a parent or legal guardian, who will be bound by these Terms on your behalf.
  • You have the legal capacity to enter into a binding contract.
  • You are not barred from receiving our services under the laws of the United States or any other applicable jurisdiction.
  • All information you provide to us is accurate and complete.

 

2. Our Services

2.1 Digital Products and Downloads

We offer a range of digital products including workbooks, reference guides, brushstroke sheets, and other downloadable content. These are delivered electronically upon purchase. Because of the nature of digital goods, all sales are subject to our Refund Policy, available at [INSERT REFUND POLICY URL].

 

2.2 The Institute

The Institute is our flagship online watercolor program, priced at $5,000 USD. It includes course content, instructor access, and participation in a private member community hosted on Membership.io. Enrollment is subject to payment in full or an approved payment plan, and to the specific terms in Section 5 of these Terms.

 

2.3 Platform Access

Access to our content is provided through third-party platforms including Kajabi, ClickFunnels, and Membership.io. We are not responsible for downtime, technical issues, or changes to functionality caused by those platforms, though we will make reasonable efforts to address access issues promptly.

 

3. Your Account

To access our courses and programs, you will need to create an account. You are responsible for:

 

  • Keeping your login credentials confidential and not sharing them with any other person.
  • All activity that occurs under your account.
  • Notifying us immediately at hello@pommwatercoloracademy.com if you suspect unauthorized access to your account.

 

Your account and any purchased access is personal to you and may not be transferred, gifted, or shared with another individual. One login is for one person only. We reserve the right to terminate accounts found to be sharing access.

 

4. Payments and Billing

4.1 Pricing

All prices are listed in US Dollars (USD) unless otherwise stated. We reserve the right to change our pricing at any time. Price changes will not affect purchases already completed.

 

4.2 Payment Methods

We accept payment via our supported payment processors. For The Institute, we offer a single payment option, Buy Now Pay Later (BNPL) through third-party providers, and monthly payment plans financed through Kajabi Payments. By selecting a payment plan, you agree to all scheduled payments as presented at checkout.

 

4.3 Failed Payments

If a scheduled payment fails, we will attempt to contact you to resolve the issue. If payment cannot be collected within a reasonable time, we reserve the right to suspend or terminate your access to our services without further notice. Amounts already paid are subject to our Refund Policy.

 

4.4 Taxes

You are responsible for any applicable taxes, duties, or levies associated with your purchase. Where required by law, we may collect and remit sales tax.

 

4.5 BNPL Providers

If you pay using a Buy Now Pay Later provider, your agreement with that provider is separate from your agreement with us. We are not responsible for the terms, fees, or actions of any BNPL provider. Refunds processed through BNPL arrangements are subject to the provider's policies — see our Refund Policy for more detail.

 

5. The Institute — Specific Terms

This section applies specifically to students enrolled in The Institute and supplements the general Terms above.

 

5.1 Enrollment and Access

Upon receipt of full payment (or the first installment of a payment plan), you will receive access to The Institute's course materials and community platform. Access is granted for the duration of your enrollment as described at the time of purchase.

 

5.2 Student Conduct and Community Standards

The Institute includes a private member community. As a condition of enrollment, you agree to:

 

  • Treat all fellow students, instructors, and staff with respect. Harassment, bullying, discriminatory language, or any abusive behaviour will result in immediate removal from the community and, at our discretion, termination of your enrollment without refund.
  • Not share, distribute, upload, repost, or resell any course materials, recordings, lesson content, instructor communications, or community content to any third party or platform, whether for free or for payment.
  • Not screen-record, screenshot for distribution, or otherwise reproduce course sessions, live calls, or any video or audio content.
  • Not use any course content to create a competing product, program, or course.
  • Not solicit other students for any commercial purpose within the community.
  • Respect the confidentiality of other students' personal stories, artwork, and community contributions.

 

We reserve the right to remove any content from the community that we determine violates these standards, at our sole discretion and without prior notice.

 

5.3 Termination of Access

We reserve the right to suspend or permanently terminate your access to The Institute at any time if:

 

  • You breach any of the conduct standards in Section 5.2.
  • A scheduled payment fails and is not resolved within a reasonable period.
  • We determine, at our sole discretion, that your continued enrollment is disruptive or harmful to the community or to the Company.

 

Upon termination, your access to all Institute materials, community content, and resources will be revoked immediately. Refund eligibility in the event of termination is governed by our Refund Policy.

 

5.4 Results Disclaimer

Your results from The Institute depend entirely on your effort, commitment, consistency of practice, and individual circumstances. We make no guarantee that you will achieve any particular skill level, outcome, or result from your participation.

 

Testimonials and examples of student work shown on our website or in our marketing represent individual experiences and are not a promise or guarantee of what you will achieve. Every student's journey is different.

 

Painting is a skill that develops through practice over time. Progress requires your active participation. We provide the tools, instruction, and support — the results depend on you.

 

6. Intellectual Property

6.1 Our Content

All course content, lesson materials, instructional videos, audio recordings, written guides, reference sheets, brushstroke demonstrations, and teaching methodologies created by Pomm Hepner are the intellectual property of Pomm Hepner and are licensed to HTMT LLC for use in connection with Pomm's Watercolor Academy.

 

All website content, branding, marketing materials, logos, and commercial assets associated with Pomm's Watercolor Academy are owned by HTMT LLC.

 

No content from our platforms may be copied, reproduced, distributed, transmitted, displayed, published, or used to create derivative works without our express prior written permission.

 

6.2 Your License to Our Content

Upon purchase, we grant you a limited, personal, non-exclusive, non-transferable license to access and use our digital content for your own personal learning and creative development only. This license does not permit:

 

  • Sharing access with others
  • Reproducing or distributing content in any form
  • Using our content for commercial purposes
  • Creating derivative works for distribution or sale

 

6.3 Your Content — Student Artwork

You retain full ownership of any original artwork you create. By sharing your artwork in The Institute community or with us directly, you grant HTMT LLC a non-exclusive, royalty-free license to use, display, and reproduce your work for marketing and promotional purposes.

 

We will always seek your permission before using your work in our marketing materials. You may withdraw this permission at any time by contacting us at hello@pommwatercoloracademy.com.

 

6.4 DMCA and Copyright Infringement

If you believe any content on our platforms infringes your copyright, please notify us at hello@pommwatercoloracademy.com with the subject line "DMCA Notice" and include a description of the work, the location of the infringing content, your contact information, and a statement of good faith belief. We will investigate and respond promptly.

 

7. Refunds

Our Refund Policy is incorporated into these Terms by reference and is available in full at https://learn.pommwatercoloracademy.com/refund-policy. By purchasing any product or program, you agree to the terms of that policy.

 

8. Privacy

Your use of our services is also governed by our Privacy Policy, available at https://learn.pommwatercoloracademy.com/privacy-policy. By using our services, you consent to the collection and use of your information as described in that policy.

 

9. SMS Messaging Terms

By providing your mobile phone number to Pomm's Watercolor Academy, you consent to receive SMS or text messages from us related to your account, purchases, programs, or promotions.

9.1 Description of SMS Use

SMS messages may include, but are not limited to:

• Account notifications and login verification
• Purchase confirmations and payment reminders
• Program updates, lesson reminders, and student support communications
• Promotional messages related to our courses, events, or offers

Message frequency may vary depending on your interactions with our services.

9.2 Opt-Out Instructions

You can opt out of SMS messages at any time by replying STOP to any message you receive from us.

After you send STOP, we will send a confirmation message and you will no longer receive SMS communications from that number.

If you need assistance, reply HELP or contact us at hello@pommwatercoloracademy.com.

9.3 Message and Data Rates

Message and data rates may apply depending on your mobile carrier and mobile plan. Pomm's Watercolor Academy is not responsible for any charges incurred from your carrier.

9.4 Carrier Liability Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

 

10. Disclaimers and Limitation of Liability

10.1 Services Provided "As Is"

Our products and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

10.2 No Guarantee of Results

We make no representation or warranty that use of our products or participation in our programs will result in any particular outcome, skill level, career benefit, or financial result. All educational content is provided for informational and instructional purposes only.

 

10.3 Limitation of Liability

To the fullest extent permitted by applicable law, HTMT LLC, its owners, instructors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of — or inability to use — our services, even if we have been advised of the possibility of such damages.

 

Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

 

10.4 Third-Party Platforms

We are not responsible for the availability, content, policies, or actions of third-party platforms including Kajabi, ClickFunnels, Membership.io, or any BNPL provider. Your use of those platforms is governed by their respective terms of service.

 

11. Indemnification

You agree to indemnify, defend, and hold harmless HTMT LLC, its members, officers, instructors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of our services, your breach of these Terms, your violation of any third-party rights, or any content you post in our community.

 

12. Termination

We reserve the right to suspend or terminate your access to any or all of our services at any time, with or without notice, for any reason including breach of these Terms. Upon termination:

 

  • Your license to access our content is immediately revoked.
  • You must cease all use of our materials.
  • Any provisions of these Terms that by their nature should survive termination will do so, including intellectual property provisions, disclaimers, indemnification, and dispute resolution.

 

You may terminate your account at any time by contacting us at hello@pommwatercoloracademy.com. Termination of your account does not entitle you to a refund outside of our Refund Policy.

 

13. Dispute Resolution

13.1 Informal Resolution First

We prefer to resolve disputes without litigation. If you have a concern, please contact us first at hello@pommwatercoloracademy.com and give us a reasonable opportunity to resolve the issue before pursuing formal proceedings.

 

13.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles.

 

13.3 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to personal jurisdiction in those courts.

 

13.4 Waiver of Class Action

To the fullest extent permitted by law, you agree that any dispute will be resolved on an individual basis and not as part of a class, collective, or representative action.

 

13.5 International Users

Our services are operated from the United States. If you access our services from outside the US, you do so at your own initiative and are responsible for compliance with your local laws. Nothing in these Terms limits rights you may have under applicable consumer protection laws in your jurisdiction.

 

14. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and HTMT LLC regarding your use of our services and supersede all prior agreements.
  • Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
  • No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights at any time without restriction.
  • Updates: We reserve the right to modify these Terms at any time. We will notify you of material changes by email or by posting a notice on our website. Continued use of our services after changes take effect constitutes your acceptance of the updated Terms.

 

15. Contact Us

If you have any questions about these Terms, please contact us at:

 

HTMT LLC DBA Pomm's Watercolor Academy

2125 Biscayne Blvd, Ste 204 #24400, Miami, Florida 33137, USA

hello@pommwatercoloracademy.com

 

These Terms & Conditions were prepared for HTMT LLC DBA Pomm's Watercolor Academy and are intended as a good-faith starting point. They do not constitute legal advice. We recommend review by a qualified Florida-licensed attorney before publication.