Terms of Service

1. WHO WE ARE AND ACCEPTANCE OF THESE TERMS

These Terms of Service ("Terms") are a legally binding agreement between you ("you" or "your") and Lennart Nacke, operating as The Acagamic ("Company," "we," "us," or "our"), governing your access to and use of our websites, digital products, membership community, coaching services, and related offerings (collectively, the "Service").

BY PURCHASING, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO 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; and
• You will comply with all applicable laws and regulations.

Preservation of consumer rights. If you are a consumer, you may have rights under mandatory consumer protection laws in your jurisdiction (including the Consumer Protection Act, 2002 (Ontario), the Consumer Protection Act (Quebec), and equivalent laws elsewhere) that cannot be excluded, limited, or waived by contract. Nothing in these Terms excludes, limits, or waives any such rights. Where these Terms conflict with a non-waivable statutory right, the statutory right prevails.

2. DEFINITIONS

• "Content" means any text, images, audio, video, software, data, or other materials made available through the Service.
• "Digital Products" means one-time-purchase digital goods such as online courses, workshops, webinars, templates, e-books, and downloads.
• "Membership" means any recurring, subscription-based offering that provides ongoing access to Content, community spaces, live sessions, or other benefits for as long as the subscription remains active and paid.
• "Coaching Services" means one-on-one or group coaching, consulting, mentoring, office hours, or advisory sessions delivered live (in person or remotely) or asynchronously.
• "User Content" means any content you submit, post, or transmit through the Service, including community posts, comments, questions, and materials shared in coaching sessions.
• "Personal Information" has the meaning set out in the Personal Information Protection and Electronic Documents Act (PIPEDA).

3. SERVICES WE PROVIDE

We provide online educational and professional-development services, including:

• Online courses, webinars, workshops, paid newsletters, and digital downloads;
• A paid Membership community with ongoing content, live calls, and interactive features;
• One-on-one and group Coaching Services;
• Free content such as newsletters, articles, and social media posts.

We may change, add, or discontinue features of the Service. If we discontinue a paid offering entirely, Section 13 (Termination) governs any refund of prepaid, unused fees.

4. ACCOUNTS AND SECURITY

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Accounts and Membership seats are personal to you and may not be shared, resold, or transferred. Notify us promptly at legal@lennartnacke.com if you suspect unauthorized use of your account.

5. MEMBERSHIPS AND SUBSCRIPTIONS

5.1 Automatic Renewal

MEMBERSHIPS RENEW AUTOMATICALLY at the end of each billing period (monthly or annual, as selected at checkout) and your payment method will be charged the then-current subscription fee, UNTIL YOU CANCEL. The billing amount, currency, and renewal interval are disclosed at checkout before you complete your purchase.

5.2 Cancellation

You may cancel your Membership at any time through your account settings on the applicable platform or by emailing legal@lennartnacke.com. Cancellation takes effect at the end of your current paid billing period. You retain access until then. Except where required by law or expressly stated otherwise, fees already paid for the current billing period are non-refundable, and no pro-rata refunds are issued for partial periods.

5.3 Price Changes

We may change Membership pricing. We will give you at least 30 days' advance notice by email before a price change applies to your subscription. If you do not agree with the new price, you may cancel before the change takes effect; continuing your subscription after the effective date constitutes acceptance of the new price.

5.4 Free Trials and Promotional Pricing

If a Membership includes a free trial or introductory price, the trial length, the date of first charge, and the regular price after the trial are disclosed at signup. Unless you cancel before the trial or promotional period ends, your payment method will be charged the regular price.

5.5 Effect of Cancellation or Non-Payment

Upon cancellation, expiry, or failed payment (after reasonable retry attempts and notice), your access to Membership Content and community spaces ends. Membership Content is licensed for the duration of your active Membership only; it is not purchased outright unless expressly stated.

6. COACHING SERVICES

6.1 Nature of Coaching is not Professional Advice

Coaching Services are educational and developmental in nature. Coaching is not — and must not be relied upon as — psychotherapy, counselling, medical or mental-health treatment, financial, investment, accounting, tax, or legal advice. No physician-patient, therapist-client, fiduciary, or other professional relationship is created by these Terms or by participation in Coaching Services. You should consult appropriately qualified, licensed professionals before making medical, mental-health, financial, or legal decisions. If you are in crisis or experiencing a mental-health emergency, contact local emergency services.

6.2 Your Responsibility for Results

You are solely responsible for your decisions, actions, and results. Coaching outcomes depend on many factors within and outside your control, including your own effort, circumstances, and market conditions. We do not guarantee any particular outcome, result, income, admission, promotion, publication, or other achievement.

6.3 Scheduling, Rescheduling, and No-Shows

• Sessions must be scheduled through the booking system we provide.
• You may reschedule a session with at least 24 hours' notice at no charge.
• Sessions cancelled with less than 24 hours' notice, or missed without notice ("no-shows"), are forfeited and will be counted as delivered, except where the cancellation results from circumstances beyond your reasonable control or where applicable law requires otherwise.
• If we need to reschedule, we will offer you a replacement session at no additional cost.

6.4 Session Validity Period

Unless otherwise stated in your coaching agreement or offer page, prepaid coaching sessions or packages must be used within 12 months of purchase. Unused sessions expire after this period, except where prohibited by applicable law.

6.5 Recordings

Coaching and group sessions may be recorded for delivery, quality, and (for group programs) replay purposes. We will tell you when a session is recorded. By participating in a session you know is being recorded, you consent to the recording and to its use for delivering the program to you and other enrolled participants. We will not use recordings that identify you for marketing purposes without your separate, express consent.

6.6 Confidentiality

We will keep information you share in one-on-one coaching sessions confidential, except: (a) with your consent; (b) where disclosure is required by law; or (c) where we reasonably believe there is a risk of serious harm to you or others. Group-program participants are asked to keep other members' information confidential, but we cannot guarantee the conduct of other participants — do not share anything in group settings that you need to keep secret.

7. PAYMENTS, TAXES, AND THIRD-PARTY PLATFORMS

7.1 Payment Terms

Payment is due at the time of purchase unless otherwise stated. Prices are displayed in the currency stated at checkout (US dollars unless otherwise indicated) and are exclusive of applicable taxes unless stated otherwise. Applicable GST/HST/QST, VAT, or other sales taxes are calculated and disclosed at checkout.

7.2 Third-Party Platforms and Payment Processors

We sell through third-party platforms and payment processors (which may include, for example, Stripe, Payhip, Skool, ThriveCart, Ghost, Substack, Kit, Luma, and Calendly). Your payment information is handled by those processors, not stored by us. Where a platform acts as the merchant of record for a purchase (this is stated at checkout or on your receipt), your purchase contract for payment purposes is with that platform and its purchase terms also apply; these Terms continue to govern your access to and use of the underlying Content and Service.

7.3 Failed Payments and Chargebacks

If a payment fails, we may retry the charge and notify you before suspending access. Initiating a chargeback or payment dispute for a charge you authorized, instead of contacting us first, is a violation of these Terms; we reserve the right to suspend access while a dispute is investigated and to contest illegitimate chargebacks. This does not limit your right to raise legitimate billing disputes with us or your card issuer.

8. REFUND POLICY

8.1 Statutory Rights First

This policy is in addition to — and does not reduce — any refund, cancellation, or cooling-off rights you have under applicable consumer protection law, including rights under the Ontario Consumer Protection Act, 2002 relating to internet agreements.

8.2 Digital Products — 7-Day Guarantee

We offer a 7-day money-back guarantee on Digital Products, on these conditions, which you accept at purchase:

• The refund request must be submitted to legal@lennartnacke.com within 7 days of purchase;
• For implementation-based programs, you must show that you made a genuine attempt to use the program (for example, completed exercises or worksheets), as described on the specific product's sales page;
• Refunds are not available where these Terms have been materially violated (for example, unauthorized redistribution of the materials);
• Approved refunds are processed to the original payment method within 14 days of approval.

Where a specific product's sales page states a different guarantee (longer period or unconditional), the sales-page terms govern for that product.

8.3 Memberships

Membership fees for a billing period already started are non-refundable except as required by law; instead, you may cancel future renewals at any time under Section 5.2. If you were charged in error, contact us within 30 days and we will correct it.

8.4 Coaching Services

Unpurchased and unscheduled prepaid coaching sessions in a package may be refunded on a pro-rata basis (total paid minus the standard single-session rate for sessions already delivered) if requested before the package validity period ends. Delivered sessions and no-show forfeitures under Section 6.3 are non-refundable.

8.5 EU/UK Consumers — Withdrawal Right and Digital Content

If you are a consumer in the European Union or United Kingdom, you generally have a 14-day right of withdrawal for distance purchases. For Digital Products delivered immediately, by requesting immediate access at checkout you expressly consent to immediate performance and acknowledge that you thereby lose the statutory right of withdrawal to the extent permitted by law. Our 7-day guarantee in Section 8.2 applies independently of this.

9. INTELLECTUAL PROPERTY

9.1 Our Intellectual Property

All Content, materials, features, and functionality of the Service — including text, graphics, logos, images, audio, video, software, course materials, frameworks, and design — are owned by us or our licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

9.2 Your License to Use Our Content

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its Content for your personal, non-commercial educational purposes. You may not:

• Reproduce, distribute, publicly display, resell, or create derivative works from our Content without our prior written permission;
• Share course materials, Membership content, or login credentials with non-purchasers;
• Remove or alter any copyright, trademark, or proprietary notices;
• Use our Content to train machine-learning or AI models, or for any automated content-generation service, without our prior written permission;
• Reverse engineer, decompile, or disassemble any software component of the Service.

Nothing in this section limits uses permitted under the Copyright Act (Canada), including fair dealing.

9.3 License You Grant Us for User Content

You retain ownership of your User Content. By submitting User Content through the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt (for technical display purposes), publish, and display that User Content for the purposes of operating, providing, improving, and promoting the Service. This license continues for content that has been shared with other users (for example, community posts that remain part of ongoing discussions) even after you leave, but we will remove or anonymize your identifiable User Content on request where reasonably practicable, subject to legal retention requirements.

9.4 Moral Rights

To the extent permitted by applicable law (including the Copyright Act (Canada)), you waive, and agree not to assert against us, any moral rights you may have in User Content, solely to the extent needed for us to exercise the license in Section 9.3.

9.5 Testimonials

We will only use your name, likeness, or story in testimonials, case studies, or marketing with your separate, express consent (for example, a signed release or a clear written opt-in). Consent may be withdrawn prospectively at any time by emailing legal@lennartnacke.com; withdrawal does not affect materials already printed or published before withdrawal where removal is not reasonably practicable.

9.6 Feedback

If you send us suggestions or feedback about the Service, we may use them without restriction or compensation, and you agree they are non-confidential.

10. USER CONDUCT AND COMMUNITY RULES

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;
• Harass, bully, threaten, or discriminate against any user or staff member;
• Transmit harmful, defamatory, obscene, or otherwise objectionable content;
• Post spam, advertisements, or solicitations, or recruit members for competing offerings, without our permission;
• Share, leak, or publicly post private community discussions or other members' personal information;
• Interfere with or disrupt the Service, servers, or networks;
• Attempt to gain unauthorized access to any portion of the Service or another user's account;
• Use robots, spiders, scrapers, or other automated means to access, monitor, or copy the Service without our prior written consent;
• Violate any intellectual property or privacy rights.

We may moderate community spaces. We reserve the right (but have no obligation) to remove, edit, or refuse to post User Content that violates these Terms, is unlawful, infringes rights, contains others' personal information, or is spam. Enforcement is described in Section 13 (Termination).

11. USER CONTENT — RESPONSIBILITY AND RISK

You are solely responsible for your User Content and any consequences of posting it. 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 law. Participation in community forums and interactive features is at your own risk: we do not monitor all User Content, and we do not endorse or verify opinions, recommendations, or advice posted by users. Reliance on User Content is at your own risk.

12. PRIVACY

Our collection, use, and disclosure of your Personal Information are governed by our Privacy Policy, which is incorporated into these Terms by reference and reflects PIPEDA's fair information principles. If you are located outside Canada, your Personal Information may be transferred to and processed in Canada and in other jurisdictions where our service providers operate, where privacy laws may differ from those in your jurisdiction.

13. TERMINATION

13.1 Termination by You

You may close your account at any time by contacting us or using the account tools on the applicable platform. Membership cancellations are governed by Section 5.2; refunds are governed by Section 8.

13.2 Suspension or Termination by Us — For Cause

We may suspend or terminate your access immediately, with notice to you stating the reason, if you materially violate these Terms (including the conduct rules in Section 10), engage in fraudulent or illegal activity, or create risk or legal exposure for us or other users. Where the violation is curable, we will normally give you an opportunity to cure it before termination. No refund is owed for termination for cause, except any non-waivable statutory entitlement.

13.3 Termination by Us — Without Cause / Discontinuation

If we terminate your access or discontinue a paid offering without cause, we will refund you the pro-rata unused portion of any prepaid fees for that offering. This is your exclusive remedy for such termination, to the maximum extent permitted by law.

13.4 Effect of Termination

Upon termination, your license to access the Service and its Content ends. Sections that by their nature should survive — including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution — survive termination.

14. DISCLAIMERS

14.1 Educational Purposes Only

Content provided through the Service is for educational and informational purposes only and is not professional advice of any kind (see also Section 6.1). Consult qualified professionals before acting on information from the Service.

14.2 Earnings and Results Disclaimer

Any income figures, career outcomes, success stories, or testimonials shared through the Service are individual experiences, are not typical, and are not promises or guarantees of your results. Your results depend on factors including your background, effort, and circumstances.

14.3 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE OPERATION, AND NON-INFRINGEMENT. SOME JURISDICTIONS (INCLUDING ONTARIO AND QUEBEC, FOR CONSUMERS) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. These disclaimers apply only to the extent permitted by law and do not affect the statutory rights described in Section 1.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE; AND
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM, AND (B) CAD $100.

Exceptions. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any liability that cannot be excluded or limited under applicable law, including non-waivable consumer protection rights. Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, and agents from and against claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your violation of any law or third-party right; or (c) your User Content — except to the extent any such claim arises from our own negligence, willful misconduct, or breach of these Terms.

17. COPYRIGHT — NOTICE AND NOTICE REGIME

We respect the intellectual property rights of others. Canada operates under the "notice and notice" regime of the Copyright Act, not the U.S. DMCA. If you believe content on our Service infringes your copyright, send a notice to legal@lennartnacke.com including:

• Your name and address;
• Identification of the copyrighted work claimed to be infringed and your interest in it (owner, licensee, etc.);
• The location of the allegedly infringing material on our Service;
• A description of the alleged infringement, including date and time if known; and
• A statement of your good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.

Upon receiving a compliant notice, we will forward it to the alleged infringer as required by Canadian law and may remove or disable access to the material where appropriate.

18. DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION

18.1 Talk to Us First

Before starting any formal proceeding, you agree to contact us at legal@lennartnacke.com describing the dispute, and both parties will attempt in good faith to resolve it informally within 30 days. This step is not a precondition where it would cause you to lose a limitation-period or statutory right.

18.2 Governing Law and Forum

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Subject to Sections 18.3 and 18.4, disputes shall be brought in the courts of the Province of Ontario.

18.3 Small Claims Carve-Out

Either party may bring an individual claim in the small claims court of your province or territory of residence if the claim qualifies.

18.4 Consumer Carve-Out

If you are a consumer, nothing in this Section 18 deprives you of: (a) the protection of mandatory consumer protection laws of your place of residence; or (b) any non-waivable right to bring or participate in proceedings in the courts of your place of residence (including, for Quebec residents, the courts of Quebec). Nothing in these Terms requires arbitration or waives any right to commence or participate in a class proceeding where such a waiver is unenforceable.

19. CHANGES TO THESE TERMS

We may modify these Terms from time to time. For material changes, we will give you at least 30 days' advance notice by email (to the address on your account) and/or prominent notice on the Service, together with the new "Last Updated" date. If you do not agree with a material change, you may cancel the affected Service before the change takes effect (with a pro-rata refund of prepaid, unused fees where the change materially reduces what you paid for). Continued use of the Service after the effective date constitutes acceptance. Non-material changes (such as clarifications or typo fixes) take effect on posting.

20. GENERAL PROVISIONS

20.1 Affiliate Disclosure

We may participate in affiliate programs and may earn commissions from purchases made through affiliate links. This does not change the price you pay. We disclose affiliate relationships where they exist and only recommend products or services we believe provide value.

20.2 Force Majeure

Neither party is liable for failure to perform (other than payment obligations) due to circumstances beyond its reasonable control, including natural disasters, epidemics or pandemics, war, terrorism, labour disruptions, internet or platform outages, or government actions.

20.3 Severability

If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable (or severed if modification is not possible), and the remaining provisions remain in full force and effect.

20.4 Entire Agreement

These Terms, together with our Privacy Policy, any product-specific terms stated on a sales or checkout page, and any signed coaching agreement, constitute the entire agreement between you and us regarding the Service. In case of conflict, a signed coaching agreement or product-specific terms prevail over these Terms for that offering.

20.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee assumes our obligations to you.

20.6 Waiver

No waiver of any provision is effective unless in writing. A failure to enforce a provision is not a waiver of the right to enforce it later.

20.7 Notices

We may provide notices to you by email to the address associated with your account or purchase. You may provide notices to us at the contact details in Section 21.

21. CONTACT INFORMATION

Lennart Nacke / The Acagamic
Mail: 330 Av Avro, Pointe-Claire, QC H9R 5W5, Canada
Email: 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 / AVIS AUX RÉSIDENTS DU QUÉBEC: Vous avez demandé que ce contrat soit rédigé en anglais après avoir eu la possibilité d'en examiner une version française. The parties confirm that they have expressly requested that this agreement be drawn up in English after having been given the opportunity to review a French version. Rien dans les présentes conditions ne limite les droits que vous confère la Loi sur la protection du consommateur (Québec).

ADDITIONAL PROVINCIAL NOTICES: Nothing in these Terms limits rights you may have under the consumer protection legislation of your province or territory. For information about your rights, contact your provincial or territorial consumer protection office.