Terms of Service

1. ACCEPTANCE OF AGREEMENT

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Lennart Nacke/The Acagamic, a company registered in Ontario, Canada ("Company," "we," "us," or "our") governing your access to and use of our website, products, and services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

By using the Service, you represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity to enter into this agreement
• You will comply with all applicable laws and regulations

2. DEFINITIONS

For the purposes of these Terms:

• "Content" means any text, images, audio, video, software, data, or other materials
• "Digital Products" means webinars, online courses, educational materials, and other digital content provided through the Service
• "Personal Information" has the meaning set out in the Personal Information Protection and Electronic Documents Act (PIPEDA)
• "User Content" means any content submitted, posted, or transmitted by users through the Service

3. SERVICE DESCRIPTION

We provide online educational services including but not limited to:

• Webinars and live training sessions
• Online courses and educational materials
• Digital downloads and resources
• Community forums and interactive features
• Coaching and consulting services

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Our Intellectual Property

All content, materials, features, and functionality of the Service, including but not limited to text, graphics, logos, images, audio, video, software, and design, are owned by us or our licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes only, subject to these Terms.

4.2 User-Generated Content License

By submitting, posting, or transmitting User Content through the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any form, media, or technology now known or later developed, for any purpose, including but not limited to:

• Marketing and promotional activities
• Improving and developing our services
• Creating testimonials and case studies
• Educational and commercial purposes

4.3 Permitted Uses

You may use the Service and our content solely for your personal, non-commercial educational purposes. You may not:

• Reproduce, distribute, or create derivative works without written permission
• Remove or modify any copyright, trademark, or other proprietary notices
• Use our content for commercial purposes without authorization
• Reverse engineer, decompile, or disassemble any software components

5. USER CONDUCT AND PROHIBITED ACTIVITIES

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable laws
• Impersonate any person or entity or misrepresent your affiliation
• Transmit any harmful, offensive, or inappropriate content
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any portion of the Service
• Engage in any form of harassment, bullying, or discrimination
• Violate any intellectual property rights
• Engage in data mining, scraping, or automated data collection
• Share your account credentials with third parties
• Post spam, advertisements, or solicitations without permission

6. USER-GENERATED CONTENT

6.1 Participation at Your Own Risk

You acknowledge that participation in forums, chat rooms, and other interactive features of the Service is at your own risk. We do not monitor all User Content and are not responsible for the accuracy, completeness, or appropriateness of any User Content.

6.2 No Monitoring or Endorsement

We do not routinely monitor User Content and do not endorse any opinions, recommendations, or advice expressed by users. Your reliance on any User Content is at your own risk.

6.3 User Responsibility

You are solely responsible for your User Content and any consequences arising from its posting or transmission. You represent and warrant that you have all necessary rights to post your User Content and that it does not violate these Terms or any applicable laws.

6.4 Content Removal

We reserve the right, but have no obligation, to remove, edit, or refuse to post any User Content that:

• Violates these Terms
• Is illegal, harmful, or offensive
• Infringes intellectual property rights
• Contains personal information of others
• Is spam or commercial in nature

6.5 User Expulsion and Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for any violation of these Terms or for any other reason.

6.6 Hold Harmless and Indemnification

You agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to your User Content or your use of the Service.

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of your Personal Information is governed by our Privacy Policy, which is incorporated herein by reference and complies with the Personal Information Protection and Electronic Documents Act (PIPEDA).

7.2 Data Collection and Use

We collect Personal Information in accordance with PIPEDA's fair information principles, including:

• Accountability for information under our control
• Identifying purposes for collection before or at the time of collection
• Obtaining your knowledge and consent
• Limiting collection to identified purposes
• Limiting use, disclosure, and retention to identified purposes
• Maintaining accuracy of information
• Implementing appropriate safeguards
• Making our policies and practices available to you
• Providing access to your Personal Information upon request
• Establishing procedures for addressing compliance concerns

7.3 International Data Transfer

If you are located outside Canada, your Personal Information may be transferred to and processed in Canada, where privacy laws may differ from those in your jurisdiction.

8. PAYMENT TERMS AND REFUND POLICY

8.1 Payment Terms

Payment for Digital Products and services is due at the time of purchase unless otherwise specified. We accept payment by credit card, debit card, and other approved payment methods. All prices are in Canadian dollars unless otherwise stated.

8.2 Refund Policy

We offer a 7-day, 100% money-back guarantee on all Digital Products, subject to the following conditions:

• You must actively participate in the program and implement the strategies taught
• You must provide evidence of implementation and efforts made
• Refund requests must be submitted within 7 days of purchase
• Refunds are not available if you have violated these Terms
• Refunds will be processed using the original payment method within 30 days of approval

8.3 Earnings Disclaimer

Any income, earnings, or success stories shared are not typical results and should not be considered as guarantees of future performance. Individual results may vary based on numerous factors including but not limited to individual effort, market conditions, and business experience.

9. DISCLAIMERS

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SECURITY OR ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR DATA
• BUSINESS INTERRUPTION
• PERSONAL INJURY
• COST OF SUBSTITUTE GOODS OR SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Educational Content Disclaimer

The content provided through our Service is for educational and informational purposes only and should not be considered as professional advice. You should consult with qualified professionals before making any decisions based on the information provided.

10. AFFILIATE DISCLOSURE

10.1 Affiliate Relationships

We may participate in affiliate marketing programs and may receive commissions from purchases made through affiliate links on our website. These affiliate relationships do not affect the price you pay for products or services.

10.2 Recommendation Disclosure

When we recommend products or services, we may receive compensation from the companies whose products or services we recommend. We only recommend products and services that we believe will provide value to our users.

10.3 Transparency

We are committed to full transparency regarding our affiliate relationships and will clearly disclose when content contains affiliate links or when we receive compensation for recommendations.

11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) / NOTICE AND NOTICE

11.1 Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. Canada operates under a "notice and notice" system rather than the U.S. DMCA system.

11.2 Notice and Notice Procedure

If you believe that content on our Service infringes your copyright, please provide us with a notice containing:

• Your name and address
• Identification of the copyrighted work claimed to be infringed
• Your interest in the work (owner, licensee, etc.)
• Location of the allegedly infringing material
• Description of the alleged infringement
• Date and time of the infringement
• A statement of good faith belief that the use is not authorized

11.3 Response to Notices

Upon receiving a proper notice, we will forward it to the alleged infringer as required by Canadian law and may take appropriate action including removal of content if necessary.

12. TERMINATION

12.1 Termination by You

You may terminate your account at any time by contacting us or by ceasing to use the Service.

12.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, for any reason, including but not limited to:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Extended periods of inactivity
• Technical or security reasons

12.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

13. MISCELLANEOUS PROVISIONS

13.1 Prohibition Against Data Mining

You may not use any automated means, including but not limited to robots, spiders, or data mining tools, to access, monitor, or copy any part of the Service without our prior written consent.

13.2 Intended Audience

The Service is intended for users who are at least 18 years of age or have reached the age of majority in their jurisdiction. We do not knowingly collect Personal Information from minors.

13.3 Compliance with Laws

You agree to comply with all applicable federal, provincial, and local laws and regulations when using the Service.

13.4 Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

13.5 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Ontario, Canada.

13.6 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.7 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and us concerning the Service.

13.8 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without your consent.

13.9 Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by us.

13.10 Modification

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service with a new "Last Updated" date. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.

13.11 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

13.12 Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.

14. CONTACT INFORMATION

If you have any questions about these Terms or the Service, please contact us at:

Lennart Nacke/The Acagamic
Mail: 330 Av Avro Pointe-Claire, QC H9R 5W5 Canada
E-Mail: legal@lennartnacke.com

ACKNOWLEDGMENT: By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

NOTICE FOR QUEBEC RESIDENTS: Les parties aux présentes conviennent que le présent contrat soit rédigé en langue anglaise. The parties agree that this contract be drafted in the English language.

ADDITIONAL PROVINCIAL NOTICES: This document complies with applicable provincial consumer protection legislation in Ontario. For specific consumer rights in your province, please consult your provincial consumer protection office.