Privacy Policy, Cookie Notice, and Terms of Use

Privacy Policy

Last Updated: December 26, 2025

UpNext Publishing, Inc. DBA Bandwidth Executive Functioning ("we," "us," or "our") respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, subscribe to our newsletter, or use our services.

1. Information We Collect

1.1 Personal Data You Provide

  • Contact Information: Name, email address, phone number, mailing address

  • Account Information: Username, password (encrypted), preferences

  • Payment Information: Billing address, payment card details (processed securely through third-party payment processors)

  • Professional Information: Job title, company name, industry (when relevant to our services)

  • Communication Data: Content of inquiries, workshop registrations, consulting requests, and service communications

1.2 Automatically Collected Data

  • Usage Data: IP address, browser type, device information, operating system, pages visited, time spent on pages, referring URLs

  • Cookies and Tracking Technologies: See our Cookie Notice below

2. How We Use Your Information

We process your personal data for the following purposes:

  • Service Delivery: Providing workshops, consulting services, newsletters, and 1-1 coaching

  • Communication: Responding to inquiries, sending service updates, and delivering requested content

  • Marketing: Sending promotional emails about our services (with your consent or as permitted by law)

  • Payment Processing: Processing transactions for paid services

  • Analytics: Understanding website usage and improving our services

  • Legal Compliance: Meeting regulatory requirements and protecting our legal rights

Legal Bases for Processing (GDPR)

  • Contract Performance: Processing necessary to deliver services you've requested

  • Legitimate Interests: Improving our services, fraud prevention, and business operations

  • Consent: Marketing communications and non-essential cookies (where required)

  • Legal Obligation: Compliance with applicable laws

3. How We Share Your Information

We do not sell your personal data. We may share your information with:

  • Service Providers: Email platforms (e.g., Beehiiv), payment processors, web hosting, analytics providers, and automation tools (e.g., Zapier) who process data on our behalf

  • Professional Advisors: Lawyers, accountants, and consultants who require access for professional services

  • Business Transfers: In connection with any merger, sale, or acquisition of our business

  • Legal Requirements: When required by law, court order, or to protect our rights and safety

All third-party processors are contractually required to maintain appropriate security measures.

4. International Data Transfers

We are based in New York, USA. If you are located in the European Economic Area (EEA), UK, or Switzerland, your data may be transferred to and processed in the United States. We ensure adequate safeguards through:

  • Standard Contractual Clauses approved by the European Commission

  • Data Processing Agreements with service providers

  • Compliance with applicable data transfer frameworks

5. Data Retention

We retain your personal data only as long as necessary for the purposes outlined in this policy:

  • Active Customers/Subscribers: Duration of relationship plus 7 years for tax/legal requirements

  • Marketing Lists: Until you unsubscribe or request deletion

  • Inquiry Data: 3 years from last contact

  • Legal/Accounting Records: As required by law (typically 7 years)

6. Your Privacy Rights

For All Users:

  • Access: Request a copy of your personal data

  • Correction: Update inaccurate or incomplete information

  • Deletion: Request deletion of your data (subject to legal retention requirements)

  • Opt-Out: Unsubscribe from marketing emails via the link in each message

  • Objection: Object to processing based on legitimate interests

For EEA/UK Users (GDPR):

  • Data Portability: Receive your data in a structured, machine-readable format

  • Restrict Processing: Limit how we use your data in certain circumstances

  • Withdraw Consent: Withdraw consent for consent-based processing at any time

  • Lodge a Complaint: File a complaint with your local data protection authority

For California Residents (CCPA/CPRA):

  • Know: What personal information we collect, use, disclose, and sell (we do not sell)

  • Delete: Request deletion of your personal information

  • Opt-Out of Sale: Not applicable as we do not sell personal information

  • Non-Discrimination: We will not discriminate against you for exercising your rights

  • Shine the Light: Request information about data shared with third parties for marketing (we do not share for this purpose)

To Exercise Your Rights: Email or write to us at the address below.

UpNext Publishing, Inc. DBA Bandwidth Executive Functioning 

99 Wall Street #1937

New York, NY 10005

info@bandwidthadhd.com

7. Security

We implement appropriate technical and organizational measures to protect your data, including:

  • SSL/TLS encryption for data transmission

  • Encrypted storage for sensitive data

  • Access controls and authentication

  • Regular security assessments

  • Secure payment processing through PCI-DSS compliant processors

However, no method of transmission over the internet is 100% secure. We cannot guarantee absolute security.

8. Children's Privacy

Our services are not directed to individuals under 18. We do not knowingly collect personal data from children. If you believe we have collected data from a child, please contact us immediately.

9. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices of these external sites. Please review their privacy policies.

10. Changes to This Policy

We may update this Privacy Policy periodically. We will notify you of material changes by posting the new policy with an updated "Last Updated" date. For significant changes, we will provide more prominent notice (such as email notification).

11. Contact Us

UpNext Publishing, Inc. DBA Bandwidth Executive Functioning

99 Wall Street #1937

New York, NY 10005

info@bandwidthadhd.com


Cookie Notice

Last Updated: December 26, 2025

This Cookie Notice explains how UpNext Publishing, Inc. DBA Bandwidth Executive Functioning uses cookies and similar tracking technologies on our website.

What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help websites remember your preferences and understand how you use the site.

Types of Cookies We Use

1. Strictly Necessary Cookies

These cookies are essential for the website to function and cannot be disabled.

  • Session management

  • Security and authentication

  • Load balancing

Legal Basis: Legitimate interest in website operation

2. Functional Cookies

These cookies enable enhanced functionality and personalization.

  • Language preferences

  • User interface preferences

  • Previously entered form data

Legal Basis: Consent (EEA/UK) or Legitimate interest (elsewhere)

3. Analytics Cookies

These cookies help us understand how visitors interact with our website.

  • Google Analytics or similar analytics platforms

  • Page views, bounce rates, traffic sources

  • User journey analysis

Legal Basis: Consent (EEA/UK) or Legitimate interest with opt-out (elsewhere)

4. Marketing Cookies

These cookies track your activity to deliver relevant advertisements and measure campaign effectiveness.

  • Email campaign tracking

  • Social media pixels 

  • Conversion tracking

Legal Basis: Consent

Third-Party Cookies

We use the following third-party services that may set cookies:

  • Analytics: Google Analytics, Squarespace Analytics

  • Email Marketing: Beehiiv

  • Payment Processing: Stripe

  • Automation: Zapier

  • Forms and Surveys: Jotform

Each third party has its own privacy policy governing their use of your data.

Your Cookie Choices

Browser Controls

You can control cookies through your browser settings:

  • Chrome: Settings > Privacy and Security > Cookies

  • Firefox: Settings > Privacy & Security > Cookies and Site Data

  • Safari: Preferences > Privacy > Cookies and website data

  • Edge: Settings > Cookies and site permissions

Note: Blocking necessary cookies may affect website functionality.

Opt-Out Tools

Cookie Consent Management

For EEA/UK visitors, you can manage your cookie preferences through our cookie consent banner that appears on your first visit. You can change your preferences at any time by clicking Visitor Settings in our website footer.

Do Not Track Signals

Our website does not currently respond to Do Not Track (DNT) browser signals, as there is no industry standard for compliance.

Mobile Devices

Mobile devices may have settings to limit tracking. Consult your device documentation for instructions.

Updates to This Notice

We may update this Cookie Notice to reflect changes in technology or legal requirements. The "Last Updated" date will be revised accordingly.

Contact Us

For questions about our use of cookies, contact us at info@bandwidthadhd.com.

Terms of Use

Last Updated: December 26, 2025

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and UpNext Publishing, Inc. DBA Bandwidth Executive Functioning ("Company," "we," "us," or "our") concerning your access to and use of our website, newsletters, workshops, consulting services, and 1-1 services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent that you meet this requirement and have the authority to enter into these Terms.

3. Description of Services

We provide:

  • Website: Information about executive functioning and related content

  • Newsletters: Email communications about executive functioning topics

  • Workshops: Educational programs on executive functioning skills

  • Consulting Services: Professional advisory services

  • 1-1 Services: Individual support sessions

Service availability, content, and features may change at our discretion.

4. Account Registration

For certain Services, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information

  • Maintain the security of your password

  • Notify us immediately of any unauthorized access

  • Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Intellectual Property Rights

5.1 Our Content

All content on our website and in our Services (including text, graphics, logos, images, videos, software, and course materials) is owned by or licensed to UpNext Publishing, Inc. and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, distribute, or create derivative works from our content

  • Use our content for commercial purposes without written permission

  • Remove copyright, trademark, or proprietary notices

  • Use automated systems (bots, scrapers) to access our Services

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms.

5.3 Your Content

You retain ownership of content you submit (inquiries, feedback, testimonials). By submitting content, you grant us a worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content for business purposes, including marketing and service improvement.

6. Payment Terms

6.1 Fees

Certain Services require payment. All fees are stated in U.S. Dollars and are non-refundable unless otherwise specified or required by law.

6.2 Payment Processing

Payments are processed through third-party providers. You agree to their terms and authorize us to charge your designated payment method.

6.3 Subscriptions

For subscription services:

  • Subscriptions automatically renew unless cancelled

  • You may cancel anytime; cancellation takes effect at the end of the current billing period

  • We may change subscription fees with 30 days' notice

6.4 Refund Policy

  • Workshops: Refunds available up to 7 days before the start date

  • 1-1 Services: Refunds available for unused sessions with 48 hours' notice

  • Digital Products: No refunds after access is granted

  • Consulting Services: Refunds subject to individual agreement terms

7. Professional Services Disclaimer

Our workshops, consulting, and 1-1 services provide educational information and professional guidance on executive functioning. We do not provide medical, psychological, or therapeutic services. Our Services are not a substitute for professional medical or mental health care.

You should consult qualified healthcare professionals for medical or psychological conditions.

8. User Conduct

You agree not to:

  • Violate any applicable laws or regulations

  • Infringe upon others' intellectual property or privacy rights

  • Transmit harmful code, viruses, or malicious software

  • Harass, threaten, or harm others

  • Impersonate any person or entity

  • Use Services for unauthorized commercial purposes

  • Interfere with the proper functioning of our Services

  • Attempt to gain unauthorized access to our systems

9. Third-Party Links and Services

Our Services may contain links to third-party websites or integrate with third-party services (e.g., Beehiiv, Zapier, payment processors). We are not responsible for:

  • The content, privacy practices, or terms of third-party sites

  • Any transactions between you and third parties

  • The availability or performance of third-party services

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • "AS IS" BASIS: Services are provided "as is" and "as available" without warranties of any kind, express or implied

  • NO WARRANTIES: We disclaim all warranties, including merchantability, fitness for a particular purpose, accuracy, and non-infringement

  • NO GUARANTEE: We do not guarantee Services will be uninterrupted, error-free, or secure

  • RESULTS: We do not guarantee specific outcomes from using our Services

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

UpNext Publishing, Inc., its officers, directors, employees, and agents shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages

  • Lost profits, revenue, data, or business opportunities

  • Service interruptions or errors

  • Third-party conduct or content

MAXIMUM LIABILITY: Our total liability for all claims shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow limitation of implied warranties or liability for certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless UpNext Publishing, Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms

  • Your use of our Services

  • Your violation of any third-party rights

  • Your violation of applicable laws

13. Termination

We may suspend or terminate your access to Services immediately, without notice, for:

  • Violation of these Terms

  • Fraudulent, abusive, or illegal activity

  • Non-payment of fees

  • Any reason at our sole discretion

Upon termination:

  • Your right to use Services ceases immediately

  • Provisions regarding intellectual property, disclaimers, liability, and indemnification survive

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at the address below to attempt informal resolution. We'll attempt to resolve disputes within 60 days.

UpNext Publishing, Inc. DBA Bandwidth Executive Functioning 

99 Wall Street #1937

New York, NY 10005

info@bandwidthadhd.com

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a claim, you agree to contact us at [legal@bandwidthef.com] to attempt informal resolution. We'll attempt to resolve disputes within 60 days.

14.3 Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.3.1 Agreement to Arbitrate

You and UpNext Publishing, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, or your relationship with us (collectively, "Disputes") will be resolved by binding arbitration, except as provided in Section 14.3.8 below.

This arbitration agreement applies to all Disputes, including but not limited to:

  • Contract disputes

  • Tort claims

  • Statutory claims (federal or state)

  • Claims arising under consumer protection laws

  • Claims for breach of privacy or data security

  • Disputes regarding billing or payment

  • Claims that arose before you accepted these Terms

14.3.2 Arbitration Rules and Forum

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as modified by this arbitration agreement. The AAA Rules and filing forms are available at www.adr.org or by calling 1-800-778-7879.

If the AAA is unavailable or unwilling to conduct the arbitration, the parties shall mutually select an alternative arbitration provider. If the parties cannot agree, a court with proper jurisdiction shall appoint the arbitration provider.

14.3.3 Arbitrator Authority and Limitations

The arbitrator shall have exclusive authority to:

  • Resolve all Disputes, including disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement

  • Determine the arbitrability of all claims

  • Award all remedies available under applicable law

The arbitrator shall NOT have authority to:

  • Conduct class arbitrations, representative actions, or consolidated proceedings

  • Award punitive or exemplary damages except where permitted by statute

  • Modify or ignore any terms of these Terms

  • Issue declaratory or injunctive relief benefiting anyone other than the parties

The arbitrator's award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

14.3.4 Arbitration Procedures

  • Location: Arbitration hearings shall take place in New York County, New York, or at another mutually agreed location. For claims under $25,000, the arbitration shall be conducted remotely (telephonically, by video conference, or based on written submissions) at your option unless the arbitrator determines an in-person hearing is necessary.

  • Governing Law: The arbitrator shall apply New York substantive law and the applicable statute of limitations. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

  • Discovery: Discovery shall be limited to information directly relevant to the dispute and proportional to the amount in controversy, as determined by the arbitrator.

  • Confidentiality: All arbitration proceedings, filings, and awards shall remain confidential, except as necessary to enforce the award or as required by law.

  • Fees and Costs: Each party shall pay their own attorneys' fees and costs unless the arbitrator awards fees and costs to the prevailing party as permitted by law. For claims under $25,000, we will pay all AAA filing, administration, and arbitrator fees. For claims over $25,000, fees shall be allocated according to AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, you agree to reimburse us for all arbitration fees.

14.3.5 Small Claims Court Exception

Notwithstanding this arbitration agreement, either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.

14.3.6 Batch Arbitration Protocol

If 25 or more similar arbitration demands are asserted against us by the same or coordinated counsel or are otherwise coordinated ("Mass Filing"), the parties agree to a batch arbitration process:

  1. Bellwether Proceedings: Counsel for the claimants and counsel for us shall each select 10 arbitration demands to proceed first as bellwether cases. Only those 20 cases may be filed with the arbitration provider, and only those cases shall be assessed filing and administrative fees.

  2. Mediation: While the bellwether cases are adjudicated, no other cases may be filed or assessed fees. The parties shall engage in a single mediation of all remaining cases after the bellwether awards are rendered.

  3. Subsequent Proceedings: If the parties cannot resolve the remaining cases after mediation, either party may elect to opt out of arbitration and resolve claims through litigation. If neither party opts out, the remaining cases shall be filed and arbitrated in groups of 50, with filing and administrative fees assessed only as each group is filed.

This bellwether process shall not be construed as authorizing class arbitration.

14.3.7 Class Action and Representative Action Waiver

YOU AND UPNEXT PUBLISHING, INC. 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, REPRESENTATIVE, OR COLLECTIVE ACTION.

Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, representative, or collective proceeding.

If a court determines that this class action waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief shall be severed and brought in court, while all other claims shall proceed in arbitration.

14.3.8 Exceptions to Arbitration Agreement

Notwithstanding the above, the following Disputes are not subject to arbitration:

  • Claims seeking injunctive or other equitable relief for alleged infringement or misappropriation of intellectual property rights

  • Claims that may be brought in small claims court (as provided in Section 14.3.5)

  • Claims for temporary or preliminary injunctive relief in aid of arbitration

  • Any claim that cannot be arbitrated as a matter of law

For these excepted claims, you consent to the exclusive jurisdiction and venue of state and federal courts located in New York County, New York.

14.3.9 30-Day Right to Opt Out

You have the right to opt out of this arbitration agreement. To opt out, you must notify us in writing within 30 days of first accepting these Terms (or within 30 days of any material change to this arbitration agreement).

Your opt-out notice must:

  • Be sent to: 

UpNext Publishing, Inc. DBA Bandwidth Executive Functioning 

99 Wall Street #1937

New York, NY 10005

info@bandwidthadhd.com

  • Include your full name, email address, phone number, and mailing address

  • State clearly: "I opt out of the arbitration agreement"

  • Be personally signed by you (electronic signatures accepted)

If you opt out, all other provisions of these Terms remain in effect. Opting out will not affect any prior arbitration agreements you may have with us.

14.3.10 Severability of Arbitration Agreement

If any portion of this arbitration agreement (other than the class action waiver in Section 14.3.7) is found to be invalid or unenforceable, the remainder of this arbitration agreement shall continue in full force and effect.

If the class action waiver is found to be invalid or unenforceable, the entire arbitration agreement (except for the exceptions in Section 14.3.8) shall be null and void, and any remaining claims shall proceed in court.

14.3.11 Survival

This arbitration agreement shall survive the termination of your relationship with us and the expiration or termination of these Terms.

14.4 Jurisdiction and Venue (For Non-Arbitrable Claims)

For any Disputes not subject to arbitration under Section 14.3.8, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York. You waive any objection to jurisdiction or venue in these courts.

14.5 Class Action Waiver

You agree to bring claims only in your individual capacity, not as a plaintiff or class member in any class or representative action.

15. Modifications to Terms

We may modify these Terms at any time by posting updated Terms with a new "Last Updated" date. Material changes will be communicated via:

  • Prominent notice on our website

Continued use of Services after changes constitutes acceptance of modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and us.

16.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

16.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

16.4 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

16.6 Notice

Legal notices should be sent to info@bandwidthadhd.com or our mailing address below.

17. Contact Information

UpNext Publishing, Inc. DBA Bandwidth Executive Functioning 

99 Wall Street #1937

New York, NY 10005

info@bandwidthadhd.com