Terms of Service

Win Elements LLC · Effective 1/25/2026 · Last Updated 7/22/2026

01Agreement & Scope

These Terms of Service (“Terms”) govern your access to and use of winelements.com (the “Site”) and the purchase of physical goods, including Safe Pouch® hardware and branded merchandise, from Win Elements LLC (“we,” “us,” or “our”), a California limited liability company.

02Product Definition & Patent Notice

To ensure clarity regarding the nature of our goods and to distinguish them from electronic locking systems:

• Non-Electronic Hardware: You acknowledge that the Safe Pouch® is a mechanical, fabric-based locking container protected by U.S. Patent No. 10,980,324.
• No Electronic Functionality: The Safe Pouch contains no microprocessors, GPS trackers, RFID tags, or Bluetooth sensors. It functions strictly through manual mechanical locking and magnetic unlocking. It does not constitute an electronic “system” and does not restrict device functionality via signal blocking or software integration.
• Intellectual Property: Win Elements LLC is an independent entity. We are not affiliated with, endorsed by, or sponsored by Yondr, Inc.

03Orders, Pricing, and Payment

• Product Availability: We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction (e.g., restricting sales of certain items to authorized school administrators).
• Pricing: Prices are listed in U.S. dollars and are subject to change without notice. The price applicable to your order is the price displayed at the time of purchase. Applicable sales tax and shipping are added at checkout.
• Payment Methods: We accept major credit and debit cards, digital wallets, and, for qualified schools and districts, purchase orders as described below.

04School & District Purchasing

• Purchase Orders: Schools and districts may order by purchase order subject to our acceptance. Payment is due within thirty (30) days of invoice date unless otherwise agreed in writing.
• Cooperative Contracts: Win Elements is available through TIPS Contract #250802 and is an approved NYC DOE vendor (Vendor ID: WIN575612). Where a purchase is made under a cooperative purchasing contract, the terms of that contract control to the extent they conflict with these Terms.
• Tax-Exempt Purchases: Tax-exempt organizations must provide a valid exemption certificate prior to or at the time of purchase. Contact us to establish a tax-exempt account.

05Custom Orders & Customer Artwork

• Custom Orders (Final Sale): Orders requiring customization (e.g., school logos printed on pouches, custom colors, engraving, or specific numbering) are Final Sale. Once a digital proof is approved, the order cannot be canceled or refunded.
• Customer-Submitted Artwork: By uploading logos or artwork for custom printing, you represent that you have the legal right to use those images. You grant Win Elements a limited license to use that artwork solely for the purpose of fulfilling your order. Providing a school logo for printing does not imply a legal partnership or endorsement between Win Elements and that school or district.

06User Conduct & Prohibited Uses

In addition to other prohibitions, you are prohibited from using the Site or its products:

• (a) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (b) To reverse-engineer the mechanical locking mechanism of the Safe Pouch for the purpose of creating a replica or counterfeit product;
• (c) To submit false or misleading information regarding your status as a school administrator or educator;
• (d) To violate any applicable law, transmit malicious code, attempt unauthorized access to our systems, or interfere with the Site’s operation.

07Shipping & Delivery

• We ship from Lake Elsinore, California via our designated carriers.
• Shipping times are estimates, not guarantees. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier.
• Please inspect shipments upon arrival and report shipping damage or shortages within ten (10) business days of delivery.

08Returns & Warranty

• Standard Returns: Standard (non-custom) hardware may be returned within thirty (30) days of delivery, subject to a fifteen percent (15%) restocking fee. Returned items must be unused and in original condition. Buyer is responsible for return shipping unless the return results from our error.
• Final Sale Items: Custom items and apparel are Final Sale unless defective.
• Repair Warranty — School & District Purchases: Safe Pouch® hardware purchased by a school, district, or educational institution (including purchases by purchase order or cooperative contract) includes our Free Unlimited Repair Program for three (3) years from the date of delivery.
• Repair Warranty — Individual Purchases: Safe Pouch® hardware purchased by individuals (including parent and family purchases) includes our Free Unlimited Repair Program for one (1) year from the date of delivery.
• Repair Scope: Covered repairs include normal-wear failures such as zippers, stitching, flaps, and lock housings. We prioritize repair over replacement to reduce waste. The repair program does not cover intentional destruction, misuse, alteration, or loss; for damage outside normal wear we will provide a per-unit repair or replacement quote.
• To Request a Repair or Return: Contact hello@winelements.com with your order number for an authorization before shipping anything back.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, PRODUCTS ARE PROVIDED “AS IS,” AND WIN ELEMENTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

09Product Use, Safety & Limitation of Liability

• Intended Use: Safe Pouch® products are intended to store mobile phones and similar personal electronic devices during school hours, events, or other phone-free settings, consistent with the instructions provided.
• Magnet Safety: Release magnets are strong magnets. Keep magnets away from pacemakers and other implanted medical devices, magnetic media, and small children. Magnets are not toys.
• Implementation Responsibility: Win Elements LLC is not liable for any damages to mobile devices stored within our pouches, nor for student conduct, academic performance, or behavioral outcomes resulting from the implementation of a phone-free policy. Implementation, enforcement, and emergency procedures — including distribution of release magnets and staff training — are the sole responsibility of the school or district.
• Service Interruptions: We do not guarantee that your use of our e-commerce site will be uninterrupted or error-free.
• Indemnification: You agree to indemnify and hold harmless Win Elements LLC and its owner, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or your misuse of the Site or products.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIN ELEMENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO WIN ELEMENTS FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10Dispute Resolution, Governing Law & Arbitration

• Governing Law: These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
• Informal Resolution First: Before initiating any proceeding, you agree to contact us at hello@winelements.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
• Binding Arbitration: Any dispute arising out of or relating to these Terms or your purchase of products shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be seated in Riverside County, California, and conducted in English.
• Class Action Waiver: You and Win Elements LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11Software Services

The following baseline terms apply to MySafePouch, SafePouchPass, and Sleedu, except where superseded by a dedicated agreement under Section 1.

• License: Subject to these Terms, we grant your school or organization a limited, non-exclusive, non-transferable license to access and use the Software Services for internal educational and operational purposes during the applicable service period.
• Service Periods & Pricing: MySafePouch is provided free of charge to schools. SafePouchPass is provided free for the first year for every school, and free for three (3) years for campuses with a schoolwide Safe Pouch® deployment; renewal terms after the free period will be stated at or before renewal, and either party may cancel at any time with no long-term contracts. Sleedu plans and pricing are stated at sleedu.com.
• Accounts: You are responsible for maintaining the confidentiality of account credentials and for all activity under your school’s accounts. Notify us promptly of any unauthorized access.
• Your Data: As between the parties, your school or district owns the data it submits to the Software Services, including rosters and records. We process that data solely to provide the service, acting as a “school official” under FERPA where applicable. We do not sell student data, use it for advertising, or combine it across services.
• Student Privacy: Use of a Software Service involving student information is subject to the service’s privacy policy and, where executed, a student data privacy agreement (including the National Data Privacy Agreement). Schools may request export or deletion of their data at any time; upon cancellation, school data is deleted within thirty (30) days, including from backups.
• Acceptable Use: You may not use the Software Services to violate law, infringe rights, transmit malicious code, attempt unauthorized access, resell access, or subject any portion of the services to security scanning or load testing without written permission.
• Availability: The Software Services are provided “AS IS” and “AS AVAILABLE.” We do not guarantee uninterrupted or error-free operation. We may modify features, and may suspend or discontinue a Software Service with reasonable notice; in the event of discontinuation, schools will be given an opportunity to export their data.
• Software Liability: The liability cap and disclaimers in Section 9 apply equally to the Software Services. For Software Services provided free of charge, our total liability shall not exceed one hundred dollars ($100).

12Changes to Terms

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website with a revised “Last Updated” date. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

13Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver. These Terms, together with our Privacy Policy, Copyright & IP Policy, and any applicable cooperative contract terms, constitute the entire agreement between you and Win Elements regarding the Site, hardware purchases, and baseline use of the Software Services.

14Contact Information