TERMS OF USE AND SERVICE AGREEMENT

I. PREAMBLE AND ACCEPTANCE OF TERMS

This Terms of Use Agreement (the "Agreement") constitutes a legally binding contract between you (the "User," "you," or "your") and Confused Productions LLC, a limited liability company organized under the laws of the State of Colorado (the "Company," "we," "us," or "our").

This Agreement governs your access to and use of the Company’s digital ecosystem, including but not limited to the websites located at confusedidealist.com, heliumheadspace.com, inkandoxygen.com, theconfusedidealist.com, theshyphoenix.com, shyphoenix.com, and confusedproductions.com(collectively, the "Platform"), as well as any mobile applications, podcasts, e-commerce stores, and media content associated therewith.

BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU EXPRESSLY AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY.

II. ELIGIBILITY AND AGE RESTRICTION

The Platform contains mature themes, strong language, and discussions regarding sensitive topics including, but not limited to, trauma, substance use, and mental health. Accordingly, the Platform is intended solely for users who are at least eighteen (18) years of age or older. By accessing the Platform, you represent and warrant that you are of legal age to form a binding contract and meet all foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Platform.

III. ACCOUNT CREATION, SUBSCRIPTIONS, AND TERMINATION OF ACCESS

A. Account Registration and Security

To access specific features of the Platform—including but not limited to expedited e-commerce checkout, saved payment information, and exclusive blog content—you may be required to register for a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate. You are solely responsible for safeguarding your password and for all activities or actions that occur under your account. Confused Productions expressly disclaims any liability arising from your failure to maintain the security of your account credentials.

B. Paid Subscriptions, Auto-Renewal, and Free Trials

The Platform offers premium, paid account tiers that grant access to exclusive content, including restricted blog posts.

1 Free Trials: Certain paid subscriptions may begin with a seven (7) day free trial. Unless you explicitly cancel your subscription prior to the expiration of the seven-day trial period, your registered payment method will automatically be charged the applicable subscription fee.

2 Auto-Renewal: All subscriptions automatically renew at the end of their respective billing cycles (e.g., monthly or annually). By signing up for a paid account, you authorize Confused Productions to continuously charge your payment method for the subscription renewal until you cancel. You may cancel your subscription at any time through your account settings.

3 No Refunds: ALL SUBSCRIPTION FEES ARE STRICTLY NON-REFUNDABLE. We do not provide refunds, prorated refunds, or credits for any partial-month subscription periods, accidental renewals, or unused content. If you cancel your auto-renewal, you will retain access to the premium features through the remainder of your currently paid billing period, after which your access will be downgraded or revoked.

C. Third-Party Memberships (Patreon)

Confused Productions maintains an external community and subscription service via Patreon, which may also feature a seven (7) day free trial. Your creation of an account on Patreon, the management of your free trial, auto-renewal cancellations, and the processing of all payments are governed entirely by Patreon’s Terms of Service and Privacy Policy. Confused Productions assumes no liability for billing issues, refund requests, or disputes arising from Patreon's platform. Confused Productions reserves the right to ban, block, or remove any user from our specific Patreon community for violating the conduct standards outlined in this Agreement, subject to Patreon’s operational guidelines.

D. General Termination and Access Restriction

Confused Productions reserves the right, in its sole discretion, to terminate or suspend your access to the Platform, your user account (both free and paid), and any related services at any time, for any reason, and without prior notice or liability.

1 Strict No-Refund Policy Upon Termination: If your account is terminated, suspended, or otherwise restricted by Confused Productions for any reason whatsoever (including, but not limited to, a violation of this Agreement or general platform changes), you will not be entitled to any refund, prorated or otherwise, for unused portions of a paid subscription. There are absolutely no refunds under any circumstances.

2 Data Retention: Upon termination, your right to use the Platform will immediately cease. Confused Productions may, without liability, delete your account and any associated data, including saved e-commerce preferences and order history.

3 Platform Availability: We further reserve the right to withdraw, amend, or suspend the Platform in our sole discretion. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time.

IV. INTELLECTUAL PROPERTY RIGHTS

A. Ownership

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Confused Productions LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

B. No AI Generation Warranty

The Company represents that the core literary and artistic works presented on the Platform are works of human authorship. We assert full copyright protection over these works.

C. Restrictions on Use

These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform. All Rights Reserved.

D. Trademarks

The Company name, the terms "Confused Productions," "The Shy Phoenix," "Helium Headspace," "Ink & Oxygen," "The Confused Idealist," and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company.

V. E-COMMERCE TERMS (THE SHY PHOENIX)

A. General Terms of Sale

All orders placed through The Shy Phoenix are subject to our acceptance. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.

B. Third-Party Fulfillment

You acknowledge that the Company utilizes third-party print-on-demand and fulfillment services (including, but not limited to, Printful) to manufacture and ship products. By placing an order, you acknowledge that the Company is not liable for delays, manufacturing errors, or shipping issues caused by these third-party providers, except as expressly provided herein.

C. Return and Refund Policy

ALL SALES ARE FINAL. Because our products are custom-manufactured upon order, we do not offer returns or exchanges for buyer's remorse or size exchanges. Refunds or replacements are only offered in the event of a manufacturing error or product defect, strictly in accordance with the policies of our fulfillment partner (Printful). Claims for misprinted, damaged, or defective items must be submitted within thirty (30) days after the product has been received.

D. International Shipping and Customs

We ship to most international locations, excluding countries subject to U.S. government sanctions. If you order products for delivery outside the United States, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. You agree that you are responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount.

VI. DISCLAIMERS: HEALTH, MENTAL HEALTH, AND LIABILITY

A. No Professional Advice

THE CONTENT PROVIDED ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO PODCASTS ("HELIUM HEADSPACE"), BLOG POSTS, AND VIDEO CONTENT, IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, NOR DOES IT CONSTITUTE PROFESSIONAL PSYCHOLOGICAL COUNSELING.

B. Mental Health Acknowledgment

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR MENTAL HEALTH CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD, OR SEEN ON THE PLATFORM.

C. Sensitive Content Warning

The Platform frequently discusses "life journeys" involving themes of trauma, depression, anxiety, and political ideology. By accessing the Platform, you acknowledge that you may be exposed to content that you find offensive, indecent, or objectionable. You agree to use the Platform at your own risk.

VII. USER-GENERATED CONTENT (UGC)

A. User Contributions

The Platform may contain message boards, comment sections, review capabilities, and other interactive features (collectively, "Interactive Services") that allow users to post content ("User Contributions").

B. License Grant to Company

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant the Company and our affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

C. Monitoring and Enforcement

We have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right, or could create liability for the Company.

VIII. PRIVACY, DATA COLLECTION, AND ACCESSIBILITY

A. Data Tracking

You acknowledge that the Platform employs tracking technologies, including but not limited to pixels and cookies from third parties (e.g., Meta, Google, TikTok), to collect data regarding user behavior. Your use of the Platform constitutes consent to such tracking as detailed in our Privacy Policy.

B. Accessibility Disclaimer

The Company strives to ensure the Platform is accessible to all persons. However, you acknowledge that as a small business entity, we may not yet meet all WCAG (Web Content Accessibility Guidelines) standards. We disclaim liability for any claims regarding accessibility barriers, provided we make reasonable efforts to assist users upon request.

IX. MONETIZATION AND AFFILIATE DISCLOSURE

The Platform engages in affiliate marketing, which is done by embedding tracking links into the Platform. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

X. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, OR LOSS OF DATA.

XI. DISPUTE RESOLUTION: ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

A. Governing Law

All matters relating to the Platform and this Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.

B. Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Denver, Colorado, before one arbitrator. Judgment on the award may be entered in any court having jurisdiction.

C. Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

XII. COPYRIGHT INFRINGEMENT (DMCA)

The Company respects the intellectual property rights of others. If you believe that any User Contributions violate your copyright, please send a notice of copyright infringement to our Copyright Representative at the address below. It is the policy of the Company to terminate the user accounts of repeat infringers.

XIII. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Platform.

XIV. SEVERABILITY

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

XV. CHANGES TO THE TERMS OF USE

We reserve the right to revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

XVI. CONTACT INFORMATION

All notices of copyright infringement claims, legal notices, and other communications relating to this Agreement should be directed to:

Confused Productions LLC

1500 N Grant Street, Suite 5091

Denver, Colorado 80203

Email: Legal@ConfusedProductions.com

Last Updated: January 26, 2026