TERMS OF USE
Last Updated: April 28, 2026
1. Introduction
The website www.newmaterial.xyz and related digital properties, including content hosted on theimmaterial.substack.com (collectively, the “Website”), are owned and operated by Material Form, LLC, doing business as “New Material” (the “Company,” “we,” “us,” or “our”). By accessing and using the Website, including all content, newsletters, communications, information, materials, goods, services, digital products, and functionality offered by the Company (collectively, the “Services”), users (“you”) accept and agree to be bound by these Terms of Use (“Terms”). These Terms should be read together with our Privacy Policy and Website Disclaimer, which are incorporated by reference. Terms relating to data processing or personal information are defined in our Privacy Policy. Any links, section headers, resources, or examples are provided for reference, convenience, organizational, or illustrative purposes only and do not modify or expand the scope of these Terms. To contact the Company for questions, concerns, or requests related to these Terms, please refer to Section 20.
2. Eligibility
You must be of the age of majority in your jurisdiction and have the legal capacity to enter into this binding agreement with the Company. If you are acting on behalf of a business entity, you must have the authority to bind that entity to these Terms. If you do not agree to these Terms, please do not access or use the Website or Services.
3. Description of Services
The Company provides information, resources, services, and other content through the Website and related platforms, which may include:
articles and commentary on business strategy, growth, and industry news;
recommendations or reviews of products and services;
affiliate, sponsored, or promotional content;
videos, podcasts, interviews, and other multimedia content;
resources such as downloadable templates, guides, and other educational materials;
newsletters, subscriptions, and other content; and
consulting or advisory services, subject to availability.
The Company may add, change, suspend, or discontinue any part of the Website or Services at any time without prior notice.
4. Newsletter and Subscription Terms
The Company may provide subscription content, emails, newsletters, communications, and other materials on the Substack platform and through our Services. The Company may receive and use certain subscriber and engagement data from Substack to operate our newsletter, measure performance, and improve our content and Services. For additional details regarding how the Company collects, uses, and protects personal information, please refer to our Privacy Policy.
4.1 Content and Scope
Your use of the Substack platform is governed by Substack’s own Terms (https://substack.com/tos) and Privacy Policy (https://substack.com/privacy) with respect to platform use and functionality. The Company does not own, operate, or control Substack and is not responsible for any disruption, loss of access, or changes resulting from the platform.
Your relationship with the Company, access to our content, and use of our Services are governed by these Terms, including the intellectual property provisions, disclaimers, and limitations of liability. The Company may change the availability, pricing, tiers, or features of any content and subscriptions at its discretion.
4.2 Paid Subscriptions and Auto-Renewal
The following terms apply to paid or subscription content:
• Platform Availability. The Company does not guarantee that the Services will be uninterrupted, secure, or error-free. Platforms may modify, suspend, or discontinue features at any time. Content availability and functionality may be affected by outages, maintenance, technical failures, or other issues beyond the Company’s control.
• Email Delivery. The Company does not guarantee delivery of emails, communications, or notifications, which may be affected by third-party infrastructure and spam filters.
• Subscription Fees. Paid subscriptions are offered at the rates displayed at the time of purchase, and all fees are stated in U.S. dollars unless otherwise indicated. Payment processing, billing management, or refund procedures remain subject to the platform’s own applicable terms and policies.
• Free Trials. Following any free trial period, your subscription will automatically convert to a paid subscription at the rate and billing frequency disclosed at signup, unless canceled before the period ends.
• Auto-Renewal. Paid subscriptions will renew automatically at the then-current subscription rate at the end of each billing period, either monthly or annually, depending on the option selected at purchase. By subscribing, you authorize recurring charges to your payment method on file.
• Cancellation. You may cancel your subscription at any time through your account settings. Cancellation and access changes will take effect at the next billing period. No partial refunds will be issued for any unused portion of a billing period.
• Changes. If pricing changes affect your active subscription, notice may be provided through the platform or by email. Your continued subscription after such notice constitutes acceptance of the updated pricing for the next billing period. If the Company moves its content to a different platform, account transition instructions will be provided as necessary.
• No Refunds. All sales are final. The Company does not offer refunds for change of mind, dissatisfaction, or failure to cancel prior to renewal. If you believe you were charged in error (for example, a duplicate charge or a charge after cancellation), you may contact the Company within thirty (30) days of the charge. The Company will review such inquiries on a case-by-case basis and determine, in its sole discretion, whether further action is appropriate.
5. Intellectual Property
For notices, requests, questions, or concerns related to intellectual property, please contact the Designated Contact identified at the end of this Section.
5.1 Proprietary Company Content
All text, graphics, logos, images, audio, video, downloadable resources, and other content on the Website or provided through our Services are proprietary materials of the Company or its suppliers (collectively, “Company Content”) and are protected by copyright and other intellectual property laws and treaties.The Company respects the intellectual property rights of others and expects users to do the same. All rights not expressly granted herein are reserved.
5.2 Limited License
Except as expressly permitted in these Terms or under a separate written agreement, your access to Company Content and use of the Services grant you a limited, revocable, non-exclusive, non-transferrable license for personal use only, provided that you retain all copyright, trademark, and other proprietary notices. This license does NOT include:
the right to download, copy, or reproduce Company Content, except as necessary to access or view it on your device;
the right to create derivative works, adaptations, or modifications;
the right to distribute, transmit, display, perform, publish, sublicense, assign, transfer, or license Company Content to any third party; or
the right to use Company Content for commercial purposes without our prior written consent.
The Company reserves the right to revoke this license at any time, for any reason, and to fully enforce its intellectual property rights. Unauthorized use is strictly prohibited. To request permission to reproduce, republish, or use Company Content, please contact the Designated Contact identified in this section.
5.3 Digital Millennium Copyright Act (“DMCA”) Takedown Notices and Copyright Claims
If you believe that content available through the Services infringes your rights, you may send a written notice to the Designated Contact listed below with “DMCA Request” in the subject line. Your notice must include:
a description of the original copyrighted works you believe have been infringed;
a description of the material you believe is infringing and information to locate it;
your name, mailing address, telephone number, and email address;
a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on their behalf; and
your physical or electronic signature.
Upon receiving a valid DMCA Request, the Company may remove or disable access to the material without notice or liability and may contact the party who submitted it. The Company also reserves the right to remove content, limit access to the Services, or terminate accounts of repeat infringers.
If you believe your content was removed or disabled by mistake, you may send a written counter-notification to the Designated Contact listed below with “DMCA Counter-Notification” in the subject line. Your counter-notification must include:
a description of the material at issue and where it appeared before it was removed or disabled;
your name, mailing address, telephone number, and email address;
a statement under penalty of perjury that you have a good faith belief the material was removed or disabled by mistake or misidentification;
a statement that you consent to the jurisdiction of the Federal District Court for the district where your address is located, or, if you live outside the United States, any judicial district where the Company may be found, and that you will accept service of process from the party who submitted the original takedown notice or request; and
your physical or electronic signature.
If the Company receives a valid counter-notification, we may restore the material in accordance with the law, unless the original complaining party first notifies us that it has filed a court action to stop the allegedly infringing activity.
5.4 Designated Contact
Mia Reyes, Owner, Material Form, LLC
Phone: (929) 551-4920
Address: [MAILING ADDRESS]
Email: hello@newmaterial.xyz
6. User Conduct and Obligations
If you create an account for our Services or otherwise access protected portions of the Website, you must maintain the confidentiality and security of your credentials, usernames, and passwords, and are responsible for all activities that occur under your account. The Company may, in its sole discretion and without notice or liability, suspend or terminate your access to our Services at any time and for any reason, such as violating these Terms or engaging in prohibited conduct.
6.1 Prohibited Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You may NOT:
scrape, crawl, harvest, copy, or collect data, content, or user information by automated means, including through robots, spiders, scrapers, crawlers, or similar tools or processes;
bypass, disable, interfere with, or circumvent any security feature, access control, authentication measure, or other access restriction;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of any part of our Website or Services;
access the Website unlawfully, including by hacking or other unauthorized means;
interfere with or disrupt the Website, Services, or related infrastructure;
use the Website or Services for any unlawful, fraudulent, deceptive, harassing, abusive, or harmful purpose;
impersonate the Company, its employees, representatives, or any other person or entity;
use our Website, Services, or content to create, support, or operate any product or service that substitutes for, is derived from, or competes with the Company’s offerings; or
authorize any third party to engage in prohibited or unlawful conduct.
6.2 Feedback, Submissions, and Non-Confidential Information
Any information, ideas, suggestions, feedback, materials, or communications you submit to us are non-confidential, and the Company may use them for any lawful purpose in connection with the Services without restriction or payment to you, unless governed by a separate written agreement.
7. User-Generated Content
Users may submit comments, testimonials, materials, communications, or other content to the Company. By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute it. You are solely responsible for any content you submit, and you represent and warrant that you are the age of majority in your jurisdiction, and that it does not violate any law or third-party rights. You agree not to post, upload, or transmit any unlawful, harmful, defamatory, obscene, or otherwise objectionable material in violation of these Terms. The Company may review, remove, refuse, or moderate user-generated content in its sole discretion, subject to applicable law.
8. Third-Party Links and Services
The Website may include elements of third-party websites, services, platforms, and content. Any links or references do not necessarily constitute an endorsement or recommendation. The Company does not control and is not responsible for the availability, accuracy, quality, conduct, or legality of any third party or their content. The Company is not liable for any damage or loss related to your use of third-party websites, services, platforms, or content, which may be governed by their own terms, policies, and practices.
9. Payment Terms and Refund Policy
You must be the age of majority in your jurisdiction to utilize our Services and other offerings. When making purchases, you agree to pay the stated price in U.S. dollars unless otherwise indicated or required. You authorize the Company to charge your payment method for the full amount stated.Payment will be processed through the processor or platform designated by the Company, such as Stripe, PayPal, or Shopify, and its service providers. The Company does not directly collect, store, or process full payment card numbers or banking credentials. Where payment processors are governed by their own terms and privacy policies, the Company is not responsible for their conduct or security practices.
All sales are final and all charges are non-refundable, unless expressly provided by a separate written agreement. If you have a concern regarding a payment or Service, you may contact the Company within thirty (30) days of purchase with a brief explanation of your circumstances. The Company may review such inquiries on a case-by-case basis and will determine, in its sole discretion, whether any action is appropriate.
10. Scheduling and Booking Policy
Appointments, consultations, and meetings may be requested through the Website or a third-party scheduler, subject to availability. When booking a session, you must provide accurate contact information, and you agree to cancel at least 24 hours in advance of the set time to avoid a cancellation fee or forfeiture of your full payment. If you miss a booked session without prior notice, it may be treated as completed, and the Company may deny a refund or rescheduling.
11. Disclaimers
THE WEBSITE AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ACCURACY. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT OR INFORMATION PROVIDED WILL BE COMPLETE, ACCURATE, RELIABLE, OR AVAILABLE.
12. Limitation of Liability
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK, AND THE COMPANY DISCLAIMS LIABILITY FOR LOSSES ARISING FROM OR RELATED TO YOUR USE OF, ACCESS TO, DISPLAY OF, OR RELIANCE ON THE WEBSITE, CONTENT, OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, CONTENT, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, OR RELIANCE ON INFORMATION PROVIDED THROUGH THE WEBSITE, CONTENT, OR SERVICES.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100), OR (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IF YOU AND THE COMPANY HAVE A SEPARATE WRITTEN AGREEMENT WITH ITS OWN LIABILITY LIMITS, THOSE TERMS WILL APPLY TO CLAIMS UNDER THAT AGREEMENT.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, members, managers, employees, agents, contractors, service providers, licensors, and their respective successors and assigns from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees where permitted, arising from or related to:
your breach of these Terms or any separate agreement;
your access to, use of, or misuse of the Services;
your violation of applicable law or the rights of any third party;
any content you submit, post, transmit, or otherwise make available through the Services;
your access to or use of third-party platforms, services, integrations, or content; or
your acts or omissions in connection with the Services.
14. Dispute Resolution
14.1 Waiver of Jury Trial
To the fullest extent permitted by applicable law, you acknowledge and agree that by accepting these Terms you are waiving your right to a jury trial for any dispute, claim or controversy arising from or related to the Services.
14.2 Scope
Any dispute, claim, or controversy—including but not limited to breach of contract, tort, intellectual property disputes, or consumer protection claims—shall be resolved in accordance with the resolution procedures herein and subject to the disclaimers and limitations of liability set forth in these Terms and any other applicable agreements. Claims for injunctive or equitable relief and disputes that cannot be arbitrated under applicable law are excluded.
14.3 Good Faith Negotiation
Before commencing arbitration or any other formal legal proceeding, the parties agree to first attempt to resolve the dispute through informal negotiations. To begin this process, the complaining party must give the other party written notice describing the dispute by email or another reasonable method. The parties agree to make good-faith efforts to resolve the dispute for at least forty-five (45) days after that notice is given. The parties may also agree to participate in mediation with a neutral mediator or another dispute resolution process.
14.4 Mandatory and Binding Arbitration
If the dispute cannot be resolved through good-faith negotiation or mediation, either party may submit the dispute to final and binding arbitration. Arbitration shall be conducted in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules then in effect, or other comparable rules applicable to the dispute. Unless the parties agree otherwise, the arbitration will be administered by a single neutral arbitrator selected in accordance with those rules, held in Kings County, New York, and conducted in English. In any arbitration, the prevailing party may recover from the non-prevailing party its reasonable costs and attorneys’ fees, unless the arbitrator rules or applicable law provides otherwise. Judgment on the arbitration award shall be binding on the parties and may be entered in any court with proper jurisdiction.
14.5 Class Action Waiver
Any dispute resolution procedure or arbitration will be conducted on an individual basis only. You may not bring or participate in any class action, class arbitration, or representative action against the Company.
14.6 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to the Company by email within thirty (30) days of first accepting these Terms. Notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the remainder of these Terms will continue to apply.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. If a dispute is permitted to be brought in court under the arbitration provisions of these Terms, it must be brought only in the state or federal courts located in Kings County, New York, unless the parties agree otherwise in writing. Each party agrees to the jurisdiction and venue of those courts and waives any objection to improper or inconvenient forum.
16. Survival, Severability, and No Waiver
Certain provisions of these Terms will remain in effect even after your use of the Services ends, including those relating to intellectual property, indemnification, limitation of liability, dispute resolution, and governing law. If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will be modified only to the extent necessary or will be severed, while the remaining provisions continue in full force and effect.
No delay or decision by the Company not to enforce any part of these Terms will constitute a waiver of its rights. Any waiver must be in writing, applies only to that specific instance, and does not waive future enforcement.
17. Accessibility
The Company is committed to ensuring the Website is accessible to the public and individuals with disabilities. If you encounter any barriers or have suggestions for improvements to accessibility and display of content, please contact the Company. For more information, please refer to our Accessibility Statement.
18. Entire Agreement
These Terms, together with our Privacy Policy and Website Disclaimer, each incorporated by reference, constitute the entire agreement between you and the Company, unless a separate written agreement expressly governs a specific service or engagement.
19. Modifications to Terms
The Company reserves the right to modify these Terms at any time. The Company may notify users of material changes through the Website, posting the updated Terms with a revised “Last Updated” date, or by email associated with the account. Your continued use of the Services after receiving such notice constitutes acceptance of the modified Terms and applicable policies; if you do not agree to the modifications, you must discontinue use of the Services.
20. Contact Information
For questions, concerns, or requests related to these Terms, contact the Company at:
Mia Reyes, Owner, Material Form, LLC
Phone: (929) 551-4920
Address: [MAILING ADDRESS]
Email: hello@newmaterial.xyz