Terms of Service (Hardware & Merchandise)
Effective Date: 1/25/2026
1. Agreement & 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").
• IMPORTANT SEPARATION OF SERVICES: These Terms apply only to the sale of physical hardware and apparel. These Terms do not apply to the "Sleedu" software platform, professional development services, or Learning Management Systems (LMS). If you are accessing Sleedu, please refer to the separate Terms of Service located at sleedu.com. We do not combine data or liability between these distinct operational entities.
2. Product 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" or 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. [Source 196].
3. Orders, Pricing, and Customization
• Product Availability: We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction (e.g., restricting sales to authorized school administrators).
• Custom Orders (Final Sale): Orders requiring customization (e.g., school logos printed on pouches, custom colors, 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/district.
4. Shipping, Returns, and Warranty Your purchase is subject to our specific policies, which are incorporated into these Terms by reference:
• Return Policy: Standard hardware may be returned within 30 days subject to a 15% restocking fee. Custom items and Apparel are Final Sale unless defective.
• Warranty: We offer a Free 1-Year Unlimited Repair Program for Safe Pouch hardware. We prioritize repair over replacement to reduce waste.
• Shipping: Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier (UPS/FedEx).
5. User 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 (including Yondr, Inc.);
• (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.
6. Limitation of Liability
• Hardware Use: Win Elements LLC is not liable for any damages to mobile devices stored within our pouches, nor are we liable for student conduct, academic performance, or behavioral outcomes resulting from the implementation of a phone-free policy. Implementation and enforcement are the sole responsibility of the school/district.
• Service Interruptions: We do not guarantee that your use of our e-commerce site will be uninterrupted or error-free.
7. Dispute Resolution & Arbitration
• 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.
• 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.
8. Changes to Terms We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
9. Contact Information Questions about the Terms of Service should be sent to us at: Email: hello@winelements.com Address: Win Elements LLC,
If you have any questions about these Terms, please contact us at hello@winelements.com
If you are unable to contact us, you may contact our Registered Agent:
California Registered Agent Inc
1401 21st ST STE R,
Sacramento, CA 95811
Tel: (530) 232-5985