Terms and Conditions

EFFECTIVE DATE: December 1, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES.

These Terms and Conditions ("Terms") are a legally binding agreement between you ("User," "you," or "your") and BossUP Academy ("Company," "we," "us," or "our"). These Terms govern your access to and use of our website, online platforms, courses, templates, consulting services, and any other products or services provided by BossUP Academy (collectively referred to as the "Services").

By purchasing, accessing, browsing, registering for, or using our Services in any manner, you:

  • Acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
  • Affirm that you are at least 18 years of age and have the legal capacity to enter into these Terms.
  • Agree to comply with all applicable laws and regulations concerning your access to and use of the Services.
  • Accept that these Terms contain important information regarding your legal rights, remedies, and obligations, including limitations and exclusions, and provisions that govern how disputes will be resolved.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.


Table of Contents

  1. Modifications to the Terms
  2. Eligibility and Authority
  3. Important Disclaimers
  4. Consent to Electronic Communications
  5. Nature of Services
  6. Privacy Policy and Data Security Commitment
  7. Disclaimer of Professional Advice
  8. Content Disclaimer
  9. Customer Responsibilities
  10. Intellectual Property and Usage Rights
  11. Refunds and Cancellation Policy
  12. Changes to Terms and Services
  13. Limitation of Liability and Downtime Disclaimer
  14. Customer Support
  15. Termination for Misconduct
  16. Dispute Resolution and Binding Arbitration
  17. Force Majeure
  18. Severability Clause
  19. Electronic Signature Consent
  20. Privacy Policy Incorporation
  21. Modifications to Services
  22. Age Restrictions
  23. Third-Party Content and Services
  24. Confidentiality
  25. Acknowledgment and Acceptance of Terms
  26. Contact Information
  27. Entire Agreement
  28. No Waiver
  29. Assignment
  30. Headings and Interpretation
  31. Governing Law and Jurisdiction
  32. Survival

1. Modifications to the Terms

BossUP Academy reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time without prior individual notice. Such changes will be effective immediately upon posting the updated Terms on our website or through other reasonable means. It is your responsibility to periodically review these Terms for any changes.

  • Continued Use Constitutes Acceptance: Your continued use of the Services after any modifications to the Terms constitutes your acceptance of those changes. If you do not agree to the amended Terms, you must stop using the Services immediately.

  • No Obligation to Notify: We are not obligated to notify you of changes to these Terms. It is your responsibility to review the Terms periodically.

2. Eligibility and Authority

By accessing or using the Services, you represent and warrant that:

  • Legal Capacity: You have the legal right and authority to enter into these Terms and to comply with all of its obligations.

  • Organization Use: If you are accessing the Services on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms. In such cases, the terms "you" and "your" refer to both you and the entity.

  • Accuracy of Information: All information you provide to BossUP Academy is truthful, accurate, and complete, and you will maintain the accuracy of such information.

3. Important Disclaimers

  • No Guarantee of Results: BossUP Academy does not guarantee any specific results from the use of the Services. Individual outcomes may vary based on a multitude of factors beyond our control, including but not limited to personal aptitude, business environment, market conditions, and adherence to provided guidelines.

  • Assumption of Risk: You acknowledge and agree that your use of the Services is at your sole risk, and that the Services are provided on an "as is" and "as available" basis.

4. Consent to Electronic Communications

By using our Services, you consent to receive electronic communications from us, including but not limited to:

  • Notices About Your Account or Transactions: This includes confirmations, invoices, technical notices, updates, security alerts, and support messages.

  • Changes to Policies, Terms, or Other Important Information: We may communicate changes to these Terms or other policies.

  • Marketing and Promotional Materials: Unless you opt out, we may send you information about services, features, newsletters, offers, promotions, and events.

Legal Requirement Satisfaction: You agree that any such communications satisfy any legal requirement that such communications be in writing.

5. Nature of Services

BossUP Academy offers a range of educational and professional development resources designed to assist individuals and businesses in enhancing their knowledge, skills, and operational effectiveness. Our Services include, but are not limited to:

  • Self-Paced Online Courses: Covering topics such as business development, entrepreneurship, marketing, and operational strategies.

  • Downloadable Templates: Business templates, worksheets, and guides to assist in planning and execution.

  • Consulting Services: Personalized consulting, strategy sessions, and mentorship programs.

  • Webinars and Workshops: Live and recorded sessions featuring industry experts and interactive learning.

Content Development and Use of Artificial Intelligence

  • AI-Assisted Content: Some of our content, including templates, presentations, instructional materials, and interactive tools, may be developed with the assistance of Artificial Intelligence (AI) technologies.

  • Quality and Accuracy: While we endeavor to ensure the quality and accuracy of AI-assisted content, we do not warrant that such content is free from errors or omissions.

No Guarantee of Results

  • Individual Results May Vary: While we strive to provide valuable and actionable information, BossUP Academy makes no guarantees, representations, or warranties regarding the effectiveness, success, or outcomes of implementing the concepts, strategies, techniques, or materials provided through our Services.

Access and Availability of Services

  • Limited Access Period:

    • Access Duration: Access to purchased courses and materials is provided for a period of thirty (30) days from the date of purchase ("Access Period").

    • Customer Responsibility: Customers are solely responsible for completing their courses and downloading any materials within this timeframe.

    • Disabling Access: BossUP Academy reserves the right to disable access to the Services after the Access Period without further notice to manage overhead costs and system maintenance.

  • Extended Access Options:

    • Requesting Extensions: Any requests for extensions to the Access Period must be made in writing to hello@bossup.academy prior to the expiration of the initial Access Period.

    • Discretionary Approval: Granting extensions is at the sole discretion of BossUP Academy and may be subject to additional fees.

Updates and Modifications to Content

  • Course Material Updates:

    • Enhancements and Revisions: BossUP Academy may update, modify, or enhance course materials and content during the Access Period to ensure relevance, accuracy, and quality.

    • Access to Updates: Customers will have access to these updates at no additional cost during the Access Period.

  • Discontinuation of Content:

    • Right to Modify: We reserve the right to discontinue, replace, or modify any part of the Services without liability to you.

    • Alternative Content: In such cases, we may provide alternative content of equal or greater value at our discretion.

Discontinuation of Operations

  • Notice of Discontinuation:

    • Advance Notice: In the event that BossUP Academy decides to discontinue its operations or any part of the Services, customers will be notified at least fifteen (15) days in advance via email or through prominent notices on our website.
  • No Refunds upon Discontinuation:

    • Completion of Active Courses: Customers may complete any active courses during the notice period.

    • No Refunds or Credits: No refunds, credits, or prorated fees will be issued for unused Services unless otherwise expressly stated in writing by BossUP Academy.

Beta Features and Previews

  • As-Is Basis:

    • Evaluation Purposes Only: BossUP Academy may offer beta features, pilot programs, or previews of new Services ("Beta Features") to certain users.

    • No Warranty on Beta Features: These Beta Features are provided on an "as-is" and "as-available" basis and are for evaluation purposes only.

  • Discontinuation of Beta Features:

    • No Obligation for Support: BossUP Academy is not obligated to provide support for Beta Features.

    • Right to Discontinue: We may discontinue Beta Features at any time without notice.

Third-Party Services and Links

  • Integration with Third Parties:

    • Enhanced Functionality: Our Services may include links or integrations to third-party websites, applications, or services ("Third-Party Services") for enhanced functionality and user experience.
  • No Endorsement or Responsibility:

    • Access at Your Own Risk: BossUP Academy does not endorse, control, or assume responsibility for any Third-Party Services.

    • Subject to Third-Party Terms: Access and use of Third-Party Services are at your own risk, and you are subject to the terms and conditions of those third parties.

Geographic Availability

  • Service Availability:

    • Regional Differences: The availability of our Services may vary based on geographic location.
  • Compliance with Local Laws:

    • User Responsibility: Customers accessing the Services are responsible for compliance with all local laws, rules, and regulations applicable in their jurisdiction.

Professional and Ethical Use

  • Compliance with Professional Standards:

    • Ethical Use: Customers are expected to use the Services in a manner that is ethical and in compliance with all professional standards applicable to their industry.
  • No Misrepresentation:

    • Accurate Representation: You agree not to misrepresent your qualifications or affiliations with BossUP Academy when using or promoting knowledge or skills acquired through our Services.

Technical Requirements

  • Minimum System Requirements:

    • Hardware and Software: Access to the Services may require certain hardware, software, and internet connections.

    • User Responsibility: Customers are responsible for ensuring that they meet all technical requirements necessary to access and use the Services.

  • No Liability for Technical Issues:

    • Beyond Our Control: BossUP Academy is not liable for any technical issues or failures that are beyond our control, including but not limited to internet outages, hardware failures, or incompatibilities with user systems.

Modification and Discontinuation of Services

  • Right to Modify:

    • Service Changes: BossUP Academy reserves the right to modify, suspend, or discontinue any part of the Services at any time.
  • Notice of Changes:

    • Advance Notice: In such events, we will provide at least fifteen (15) days' notice via email or through prominent notices on our website.
  • No Liability for Modifications:

    • Disclaimer of Liability: We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

By acknowledging this Nature of Services section, you understand and agree to the scope, limitations, and conditions under which BossUP Academy operates and provides its Services.

6. Privacy Policy and Data Security Commitment

BossUP Academy is committed to safeguarding your privacy and ensuring the security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect your personal data in connection with our Services. By using our Services, you consent to the collection and use of your information as described in this Privacy Policy.

a. Information We Collect

We may collect various types of information from you, including but not limited to:

  • Personal Identification Information:

    • Name, email address, mailing address, phone number, and other contact information.
  • Account Credentials:

    • Username, password, and other security information for authentication and access.
  • Payment Information:

    • Credit card numbers, billing address, and other financial details necessary to process transactions.
  • Usage Data:

    • Information about how you access and use our Services, including device information, IP addresses, browser type, operating system, referral URLs, page views, clickstream data, and other usage details.
  • Communication Records:

    • Copies of your correspondence with us, including emails and customer support inquiries.
  • Location Data:

    • Geographical location information collected through your IP address or other location-aware technologies.

b. How We Use Your Information

Your personal information may be used for the following purposes:

  • Service Delivery and Account Management:

    • To provide, maintain, and improve our Services.

    • To process your registrations, orders, payments, and fulfill other transactions.

    • To authenticate your identity and provide access to your account.

  • Communication:

    • To send administrative information, such as confirmations, invoices, technical notices, updates, security alerts, and support messages.

    • To respond to your comments, questions, and requests.

  • Marketing and Promotional Activities:

    • To inform you about services, features, newsletters, offers, promotions, and events.

    • Opt-Out Option: You may opt out of receiving marketing communications at any time by following the unsubscribe instructions provided in the communication.

  • Personalization:

    • To tailor content and resources according to your preferences.
  • Analytics and Improvement:

    • To monitor and analyze trends, usage, and activities to improve our Services.
  • Legal Compliance and Security:

    • To enforce our Terms and Conditions and other agreements.

    • To comply with legal obligations, resolve disputes, and protect our rights and property.

c. Disclosure of Your Information

We may share your personal information under the following circumstances:

  • With Service Providers:

    • Third-party vendors, consultants, and other service providers who need access to such information to carry out work on our behalf.

    • Confidentiality Obligations: These parties are contractually obligated to protect your data and are prohibited from using it for any other purpose.

  • Business Transfers:

    • In connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Legal Requirements:

    • If required to do so by law or in response to valid requests by public authorities.
  • Protection of Rights:

    • To enforce our Terms and Conditions, protect our rights, privacy, safety, or property, and/or that of you or others.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

d. Data Security

We implement a variety of security measures to maintain the safety of your personal information:

  • Encryption:

    • Data encryption in transit using Secure Sockets Layer (SSL) technology and at rest where applicable.
  • Access Controls:

    • Limited access to personal information to authorized employees and contractors who are bound by confidentiality obligations.
  • Security Protocols:

    • Regular review of information collection, storage, and processing practices, including physical security measures.

Please Note: While we strive to protect your personal information, no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee absolute security.

e. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law:

  • Account Information:

    • Retained until your account is deleted or as needed to provide you with Services.
  • Legal Compliance:

    • Retained as necessary to comply with legal obligations, resolve disputes, and enforce our agreements.

f. Your Rights and Choices

Depending on your jurisdiction, you may have the following rights regarding your personal information:

  • Access and Correction:

    • Request access to or correction of your personal data.
  • Deletion:

    • Request deletion of your personal data, subject to certain exceptions.
  • Opt-Out:

    • Opt out of marketing communications.

To exercise these rights, please contact us at hello@bossup.academy. We will respond to your request within a reasonable timeframe.

g. International Data Transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different from those of your country.

  • Data Protection Measures: We have taken appropriate safeguards to ensure that your personal information remains protected in accordance with this Privacy Policy.

h. Children's Privacy

  • Services Not Intended for Minors: Our Services are not intended for individuals under the age of 18.

  • No Collection of Minors' Data: We do not knowingly collect personal information from children under 18.

  • Action Upon Discovery: If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information promptly.

i. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and use personal information about you:

  • Types of Cookies:

    • Essential Cookies: Necessary for the functioning of the Services.

    • Performance and Analytics Cookies: Help us understand how you interact with our Services.

    • Advertising Cookies: Used to deliver relevant advertisements.

  • Managing Cookies:

    • You can control cookies through your browser settings. However, disabling cookies may affect the functionality of our Services.

j. Do Not Track Signals

  • No Response to DNT: Our Services do not respond to Do Not Track (DNT) signals.

  • User Control: You may set your web browser to refuse certain tracking technologies, but this may limit your use of some features of our Services.

k. Third-Party Links and Services

  • Third-Party Content: Our Services may contain links to third-party websites, products, or services.

  • No Responsibility: We are not responsible for the privacy practices of such third parties.

  • Recommendation: We encourage you to review the privacy policies of any third-party sites or services before providing them with your personal information.

l. Changes to This Privacy Policy

  • Updates: We may update our Privacy Policy from time to time.

  • Notification of Changes: We will notify you of any changes by updating the "Effective Date" at the top of this Privacy Policy.

  • Review Periodically: You are advised to review this Privacy Policy periodically for any changes.

  • Continued Use: Your continued use of our Services after the posting of changes constitutes your acceptance of such changes.

m. Contact Information

If you have any questions or concerns about this Privacy Policy or our data practices, please contact us at:

n. Acceptance of This Policy

By accessing or using our Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Services.

Customers acknowledge that while BossUP Academy employs robust measures to protect data, no system is completely secure. Customers use the Services at their own risk.

7. Disclaimer of Professional Advice

The content provided through BossUP Academy's Services may include information on financial, legal, accounting, tax, business, and operational matters related to starting, operating, or expanding a business. However, BossUP Academy is not a licensed financial, legal, accounting, or tax professional entity, and the information provided is for educational and informational purposes only.

No Professional Advice Provided

  • Financial and Investment Advice:

    • No Financial Advice: We do not provide financial advice, investment recommendations, or financial planning services.

    • General Information Only: Any financial information provided is general in nature and should not be considered personalized advice.

  • Legal Advice:

    • No Legal Counsel: We do not offer legal counsel or legal services.

    • Not a Substitute for Legal Advice: The legal information provided is not a substitute for professional legal advice tailored to your specific circumstances.

  • Tax Advice:

    • No Tax Consulting: We do not provide tax consulting or advice.

    • General Information Only: Any tax-related information is general and may not reflect current tax laws or regulations applicable to your situation.

  • Accounting Services:

    • Not CPAs: We are not certified public accountants (CPAs) and do not provide accounting services or advice.

No Substitute for Professional Consultation

  • Seek Qualified Professionals: Our Services are not a substitute for consultation with qualified professionals such as Certified Public Accountants (CPAs), Financial Planners, Attorneys, or other licensed experts.

No Fiduciary Relationship

  • No Client-Professional Relationship: Use of our Services does not create a fiduciary relationship between you and BossUP Academy. We are not acting as your agent, attorney, accountant, or financial advisor.

Accuracy and Completeness of Information

  • No Warranties: While we strive to ensure that the information provided is accurate and up-to-date, we make no warranties or representations regarding the completeness, reliability, or suitability of the information.

  • Subject to Change: Laws, regulations, and industry standards are subject to change and may vary by jurisdiction. You are responsible for verifying any information before relying on it.

Assumption of Risk

  • Your Responsibility: Any reliance you place on the information provided through our Services is strictly at your own risk.

  • Inherent Risks: You acknowledge that business, financial, and legal matters involve inherent risks, and you assume full responsibility for any actions taken based on the information provided.

No Warranty or Liability

  • Limitation of Liability: BossUP Academy expressly disclaims all liability for any losses or damages, whether direct, indirect, consequential, or incidental, arising out of or in connection with your use of the information provided.

  • No Guarantee of Results: We do not warrant that the content will meet your requirements or that it is free of errors or omissions.

Third-Party Resources

  • No Endorsement: Our Services may reference or provide links to third-party resources, professionals, or service providers. Such references are for informational purposes only and do not constitute an endorsement.

  • No Responsibility for Third Parties: BossUP Academy is not responsible for the content, products, or services offered by third parties.

User Responsibility

  • Due Diligence: You are solely responsible for conducting your own due diligence before making any financial, legal, or business decisions.

  • Compliance: You are responsible for complying with all applicable laws, regulations, and professional standards in your jurisdiction.

Testimonials and Case Studies

  • Individual Results May Vary: Any testimonials, success stories, or case studies presented through our Services are individual experiences and may not be typical.

  • No Guarantee of Success: They are not guarantees of future success or results.

No Client-Professional Relationship

  • No Professional Relationship Established: Your use of our Services does not establish a client-professional relationship between you and any of our instructors, consultants, or representatives.

Consultation Encouraged

  • Seek Professional Advice: We strongly encourage you to consult with qualified professionals for advice pertaining to your specific situation before taking any action based on the information provided through our Services.

8. Content Disclaimer

BossUP Academy is committed to providing high-quality educational content to enhance your learning experience. However, it's important to understand the nature and limitations of the content provided through our Services. This Content Disclaimer outlines key aspects to protect both you and the Company.

Collaborative and Illustrative Content

  • Collaborative Creation:

    • Content Development: Some stories, examples, case studies, scenarios, and presentations used in our courses and services are created collaboratively by the BossUP Academy presenter community.

    • Collective Input: These collaborative materials may not reflect the individual experiences, opinions, or endorsements of any single presenter or contributor.

  • Fictionalization for Educational Purposes:

    • Use of Fictitious Elements: Names, identities, characters, places, events, and incidents portrayed in the content may be fictitious or used in a fictitious manner.

    • Coincidental Resemblance: Any resemblance to actual persons, living or deceased, or actual events is purely coincidental and unintended.

  • Illustrative Scenarios:

    • Educational Design: Certain scenarios or stories are illustrative and designed solely to enhance understanding, engagement, and comprehension of the subject matter.

    • Not Factual Accounts: These narratives are not representations of real events and should not be construed as factual accounts.

No Representation of Individual Experiences

  • Anonymity and Privacy:

    • Concealment of Identities: Names, identities, and histories of presenters, contributors, or individuals mentioned may be concealed or altered to protect privacy and confidentiality.

    • Altered Details: Personal details have been changed to prevent the identification of any specific individuals or entities.

  • Diversity of Perspectives:

    • General Perspectives: The content may include a variety of perspectives, strategies, and opinions that are general in nature and not tailored to any specific situation or individual.

Accuracy and Timeliness of Information

  • Best Efforts for Accuracy:

    • Current Information: The core educational content is based on industry standards, factual information, and current best practices.

    • No Guarantee of Completeness or Currentness: We make no warranties or representations regarding the completeness, timeliness, or ongoing accuracy of the content.

  • Subject to Change:

    • Dynamic Fields: Information may become outdated due to changes in laws, regulations, market conditions, or other factors.

Use of Third-Party Content and References

  • Third-Party Materials:

    • Inclusion of External Resources: The content may include references to third-party materials, websites, products, or services ("Third-Party Content").
  • No Responsibility for Third-Party Content:

    • Informational Purposes Only: Inclusion of Third-Party Content is for informational purposes only and does not constitute an endorsement or recommendation by BossUP Academy.

    • No Liability: BossUP Academy is not responsible for the accuracy, legality, or appropriateness of any Third-Party Content.

  • Access at Your Own Risk:

    • Review Third-Party Policies: Accessing Third-Party Content is at your own risk, and you should review the terms and policies of those third parties.

Personal Responsibility and Risk Acknowledgment

  • Individual Due Diligence:

    • Verify Information: You are responsible for verifying any information before relying on it for personal, professional, legal, or financial decisions.

    • Consult Professionals: We encourage you to conduct your own research and seek professional advice tailored to your specific needs.

  • Assumption of Risk:

    • Use at Your Own Risk: Use of the content is at your own risk, and BossUP Academy is not liable for any errors, omissions, or inaccuracies in the content.
  • Inherent Risks:

    • No Liability for Actions Taken: You acknowledge that the application of educational content to real-world situations carries inherent risks.

No Warranty or Liability

  • Disclaimer of Warranties:

    • As-Is Basis: The content is provided on an "as is" and "as available" basis without any warranties, express or implied.

    • No Implied Warranties: BossUP Academy disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

  • Limitation of Liability:

    • No Liability for Damages: In no event shall BossUP Academy, its affiliates, presenters, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the content.

    • Includes Loss of Profits: This includes, but is not limited to, loss of profits, business interruption, loss of data, or other intangible losses.

Intellectual Property Rights

  • Ownership of Content:

    • Intellectual Property: All content, including but not limited to text, graphics, images, videos, and software, is the intellectual property of BossUP Academy or its licensors and is protected by copyright and other intellectual property laws.
  • Unauthorized Use Prohibited:

    • No Reproduction Without Consent: Unauthorized use, reproduction, modification, distribution, or storage of any content is prohibited without prior written consent from BossUP Academy.
  • Limited License:

    • Personal Use: You are granted a non-exclusive, non-transferable, revocable license to access and use the content for your personal and non-commercial use in accordance with these Terms.

    • No Ownership Rights: This license does not grant you any ownership rights to the content.

User-Generated Content

  • No Obligation to Monitor:

    • User Content: BossUP Academy is not obligated to monitor user-generated content, comments, or interactions within the Services.
  • Right to Remove Content:

    • Discretionary Removal: We reserve the right to remove or edit any content that violates our policies or is deemed inappropriate at our sole discretion.
  • No Endorsement of User Content:

    • User Opinions: Opinions, advice, statements, or other information expressed or made available by users are their own and not endorsed by BossUP Academy.
  • No Responsibility for User Content:

    • No Liability: We are not responsible for any user-generated content or actions taken based on such content.

Testimonials and Endorsements

  • Individual Results May Vary:

    • Not Typical Results: Any testimonials, endorsements, or success stories presented are individual experiences and may not reflect typical results.
  • No Guarantee of Similar Outcomes:

    • Dependent on Various Factors: Results are dependent on various factors unique to each individual, and we do not guarantee that you will achieve similar outcomes.
  • Disclosure of Material Connections:

    • Potential Material Connections: Any endorsements or testimonials may come from individuals with whom we have a material connection, such as employees, affiliates, or partners.
  • Compliance with Laws:

    • Disclosure Requirements: We disclose such relationships in accordance with applicable laws and regulations.

Educational Purpose Only

  • Not Professional Advice:

    • Informational Content: The content is intended for educational and informational purposes only.

    • Not a Substitute for Professional Consultation: It should not be construed as professional advice or a substitute for consultation with qualified professionals in relevant fields.

  • No Client Relationship:

    • No Professional Relationship Established: Accessing or using the content does not establish a client, advisory, fiduciary, or professional relationship between you and BossUP Academy.

Modification and Termination of Content

  • Right to Modify:

    • Content Changes: BossUP Academy reserves the right to modify, replace, or discontinue any content at any time without notice or liability.
  • No Obligation to Update:

    • Outdated Content: We are not obligated to update any content, even if it becomes outdated or inaccurate.
  • Access Restrictions:

    • Termination of Access: We may restrict or terminate your access to the content if you violate these Terms or engage in unlawful or inappropriate conduct.

Governing Law and Jurisdiction

  • Applicable Law:

    • Law of the State of Ohio: This Content Disclaimer and any disputes related to it are governed by the laws specified in the Governing Law section of these Terms and Conditions.
  • Dispute Resolution:

    • Arbitration Clause: Any disputes arising from the content shall be resolved in accordance with the Binding Arbitration clause outlined in these Terms.

9. Customer Responsibilities

Customers are expected to use BossUP Academy's Services responsibly and in compliance with all applicable laws, regulations, and industry standards. This section outlines the obligations and expectations placed upon you as a user of our Services.

Compliance with Laws and Regulations

  • Legal Use Only:

    • Prohibited Activities: You agree not to use the Services for any unlawful activities, including but not limited to fraud, money laundering, or the promotion of illegal substances.
  • Prohibited Industries:

    • Controlled Substances: Customers may not use BossUP Academy’s content in connection with the sale, distribution, or promotion of marijuana, cannabis products, or any other controlled substances.

Licenses and Certifications

  • Obtaining Necessary Permissions:

    • Regulatory Compliance: You are solely responsible for obtaining any required licenses, permissions, registrations, or certifications necessary to apply the concepts learned through our Services.

Age Requirements

  • Minimum Age:

    • Age Restriction: The Services are intended for users aged 18 years or older.
  • Prohibition for Underage Users:

    • Account Removal: Individuals under the age of 18 are strictly prohibited from using our Services. If it is determined that someone under 18 has accessed the Services, the account will be removed without refund.

Technical Requirements

  • User Equipment and Software:

    • Responsibility for Equipment: You are responsible for ensuring that your devices meet the technical requirements necessary to access and use the Services, including hardware, software, and internet connectivity.
  • Data Usage and Connectivity Costs:

    • Costs Incurred: You are responsible for all data charges, internet fees, and other costs associated with your access to the Services.

Assumption of Risk

  • Acknowledgment of Risks:

    • Entrepreneurship Risks: You acknowledge that entrepreneurship and business operations involve inherent risks, including financial loss, market volatility, and regulatory changes.

Notification of Legal Issues

  • Prompt Disclosure:

    • Legal Obligations: You must notify BossUP Academy promptly if your use of the Services becomes subject to any legal disputes, investigations, or regulatory actions.

Accurate Information

  • Truthful Representation:

    • Accuracy of Data: You are required to provide accurate, current, and complete information during registration and throughout your use of the Services.
  • Updating Information:

    • Timely Updates: You must promptly update your account information if there are any changes to ensure it remains accurate and complete.

Security and Account Management

  • Account Security:

    • Confidentiality: You are responsible for maintaining the confidentiality of your account credentials, including your username and password.
  • Unauthorized Access:

    • Immediate Notification: You must immediately notify BossUP Academy of any unauthorized use of your account or any other breach of security.

Prohibited Conduct

  • No Misuse of Services:

    • Circumventing Restrictions: You must not circumvent, disable, or otherwise interfere with security-related features or access restrictions of the Services.

    • Interference: You must not interfere with or disrupt the integrity or performance of the Services or the data contained therein.

  • Respect for Intellectual Property:

    • Unauthorized Use: You must not copy, modify, distribute, sell, or lease any part of our Services or included content unless explicitly authorized in writing by BossUP Academy.

Indemnification

  • Hold Harmless Agreement:

    • Your Responsibility: You agree to indemnify, defend, and hold harmless BossUP Academy, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses arising out of or in any way connected with your access to or use of the Services.

International Use

  • Export Controls and Sanctions:

    • Compliance: You agree to comply with all applicable export control and economic sanctions laws and regulations.
  • Compliance with Local Laws:

    • Jurisdictional Responsibility: If you access the Services from outside the United States, you are responsible for compliance with local laws.

Prohibition of Unauthorized Training and Redistribution

  • Non-Transferable Rights:

    • License Limitations: Access to the Services is non-transferable and intended solely for the registered user or their internal business entity, as specified.
  • No Competitive Use:

    • Restriction on Competition: You may not use the content to develop or operate a business that competes with BossUP Academy.

Feedback and Suggestions

  • License to Use Feedback:

    • Rights Granted: Any feedback, comments, or suggestions you provide may be used by BossUP Academy without acknowledgment or compensation to you.

Compliance with Acceptable Use Policy

  • Adherence to Policies:

    • Policy Compliance: You must comply with any Acceptable Use Policies or guidelines provided by BossUP Academy.

Consequences of Violation

  • Suspension or Termination:

    • Right to Enforce: BossUP Academy reserves the right to suspend or terminate your access to the Services without prior notice or refund if you are found to be in violation of these Terms.

10. Intellectual Property and Usage Rights

All content, materials, and intellectual property provided by BossUP Academy are the exclusive property of Framara, LLC. This section outlines the rights granted to you and the restrictions on the use of our intellectual property.

Grant of Limited License

  • Personal and Internal Business Use:

    • License Grant: You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the content solely for your personal or internal business purposes, in accordance with these Terms.
  • Restrictions on Use:

    • No Modification or Distribution: This license does not include any rights to modify, copy, reproduce, distribute, republish, download, display, post, or transmit any of the content in any form or by any means, except as expressly permitted.

Use Within Business Entity

  • Internal Use Only:

    • Employee Access: Customers may use course content within their own business entity, limited to employees or contractors who agree to abide by these Terms.
  • User Limitations:

    • License Limits: Templates provided by BossUP Academy are licensed for use by the purchasing customer or their business entity, with a limit of three (3) internal users.

    • Additional Licensing: For additional users, customers must obtain additional licensing or express written consent from BossUP Academy.

Prohibited Actions

  • Unauthorized Sharing:

    • No Distribution: Unauthorized sharing, distribution, or disclosure of course materials, templates, or resources with individuals who have not purchased access is strictly prohibited.
  • Resale and Redistribution:

    • No Resale: Customers are prohibited from reselling, sublicensing, renting, leasing, transferring, assigning, distributing, or redistributing any aspect of BossUP Academy’s Services without explicit prior written consent.
  • Prohibition on Derivative Works:

    • No Derivatives: Customers may not create derivative works, translations, adaptations, or compilations of the content without express permission.
  • AI-Generated Content Restrictions:

    • No Commercialization: Customers may not extract, replicate, reproduce, or commercialize any AI-generated content from BossUP Academy materials beyond the intended use within the Services.

Protection of Proprietary Technology

  • No Reverse Engineering:

    • Prohibited Actions: Customers agree not to replicate, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of any part of the platform, its features, or any proprietary software or technology used to deliver the Services.
  • No Interference:

    • Service Integrity: You agree not to interfere with or disrupt the integrity or performance of the Services or the data contained therein.

Proprietary Techniques and Methodologies

  • Non-Disclosure:

    • Confidential Information: Proprietary techniques, methodologies, strategies, and processes taught in BossUP Academy courses are considered confidential and trade secrets.
  • Limited Use:

    • Scope of Use: Such proprietary information may be used solely within the scope of your own business operations and may not be used to benefit any competitors or in any way that could cause harm to BossUP Academy.

Prohibition Against Competitive Use

  • No Competing Services:

    • Restriction on Competition: Customers may not use BossUP Academy content, templates, methodologies, or any proprietary information to develop, promote, or deliver competing courses, products, or services.
  • Non-Compete Agreement:

    • Duration: By accessing the content, you agree not to engage in any business activities that directly compete with BossUP Academy's offerings for a period of two (2) years from the date of last access to the Services, without prior written consent.

Intellectual Property Infringement

  • Reporting Violations:

    • Notification: If you become aware of any unauthorized use or infringement of BossUP Academy's intellectual property, you agree to notify us promptly at hello@bossup.academy.
  • Remedies for Violations:

    • Legal Action: BossUP Academy reserves all rights to seek legal remedies, including injunctive relief and damages, for any violations of these intellectual property rights.

Trademarks and Service Marks

  • Ownership of Marks:

    • Protected Marks: "BossUP Academy," "Framara, LLC," and all related logos, service names, design marks, and slogans are trademarks or service marks owned or licensed by Framara, LLC.
  • Restrictions on Use of Marks:

    • No Unauthorized Use: You are not authorized to use any BossUP Academy or Framara, LLC trademarks, service marks, or logos without prior written permission. This includes use in meta tags, ad keywords, or any other "hidden text."

User-Generated Content

  • License to BossUP Academy:

    • Rights Granted: If you submit, post, or transmit any content (such as feedback, comments, or suggestions) to BossUP Academy, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.
  • No Confidentiality:

    • Public Nature: Any content you submit will be considered non-confidential and non-proprietary.

Digital Millennium Copyright Act (DMCA) Compliance

  • DMCA Policy:

    • Legal Compliance: BossUP Academy complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).
  • Notification of Claimed Infringement:

    • Procedure: If you believe that any content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the required information.

Termination of License

  • Violation of Terms:

    • Immediate Termination: Any use of the Services or content beyond the scope of the license granted herein or in violation of these Terms will result in the immediate termination of the license granted.
  • No Refunds:

    • Forfeiture of Fees: Upon termination, you must cease all use of the Services and content. No refunds will be provided for terminated licenses due to violations.

Reservation of Rights

  • All Rights Reserved:

    • No Implied Rights: All rights not expressly granted to you in these Terms are reserved by BossUP Academy and Framara, LLC.
  • No Implied Licenses:

    • Limitations: No rights or licenses are granted to you by implication or estoppel.

11. Refunds and Cancellation Policy

BossUP Academy is committed to providing high-quality Services and ensuring customer satisfaction. However, due to the nature of our digital products and services, we have established the following refund and cancellation policies to protect both the customer and the business.

General Refund Policy

  • No Refunds on Digital Products and Services:

    • Digital Downloads and Online Courses: Refunds are generally not issued for digital download products, online courses, webinars, or any digital content once access has been granted or materials have been downloaded.

    • Consulting Services: Refunds are not issued for consulting services once the service has been initiated, scheduled, or delivered, including any consultations, strategy sessions, or custom work.

    • Final Sale Acknowledgment: By purchasing our digital products or services, you acknowledge and agree that all sales are final.

Exceptions and Special Circumstances

  • Duplicate Purchases:

    • Refund Eligibility: Refunds for duplicate purchases may be issued at the sole discretion of BossUP Academy upon verification of the transaction.

    • Request Procedure: Requests must be submitted via email to hello@bossup.academy within seven (7) calendar days of the purchase date, including proof of purchase and details of the duplicate transaction.

    • Decision Authority: All decisions regarding refunds for duplicate purchases are made by BossUP Academy and are final.

  • Technical Issues on Our End:

    • Resolution Efforts: If technical issues originating from BossUP Academy's systems prevent you from accessing the Services, we will make reasonable efforts to resolve the issue promptly.

    • No Refunds for Resolved Issues: If the technical issue is resolved within a reasonable timeframe, no refund will be issued.

    • Credits for Unresolved Issues: In cases where technical issues cannot be resolved, BossUP Academy may, at its sole discretion, offer a credit toward future Services.

Force Majeure Events

  • No Refunds for Service Interruptions:

    • Exemptions: Refunds will not be issued for interruptions in Services caused by force majeure events, including but not limited to natural disasters, acts of God, government actions, pandemics, wars, terrorism, civil unrest, labor disputes, cyber-attacks, or technological outages beyond BossUP Academy’s reasonable control.
  • Extension of Access Period:

    • Compensation: At BossUP Academy's discretion, access periods may be extended to compensate for significant service interruptions caused by force majeure events.

Chargebacks and Payment Disputes

  • Unauthorized Chargebacks:

    • Violation of Terms: Initiating a chargeback or payment dispute without first contacting BossUP Academy to resolve the issue is considered a violation of these Terms.
  • Resolution Process:

    • Contact Us First: Customers agree to contact BossUP Academy at hello@bossup.academy to address any billing or payment issues before initiating a chargeback.
  • Consequences of Unauthorized Chargebacks:

    • Account Suspension: BossUP Academy reserves the right to suspend or terminate your access to the Services without notice.

    • Recovery of Costs: You may be held liable for any costs, including legal fees and expenses, incurred by BossUP Academy as a result of the chargeback.

    • Debt Collection: Unresolved balances may be forwarded to a collections agency, which may impact your credit rating.

No Refunds for Change of Mind

  • Final Sale Policy:

    • No Refunds for Personal Reasons: Refunds will not be issued due to change of mind, personal circumstances, failure to use the purchased Services, dissatisfaction with the content after access has been granted, or misunderstanding of the Service offerings.

Non-Transferability of Refunds

  • Original Purchaser Only:

    • Refund Issuance: Refunds, if granted, will only be issued to the original payment method used for the purchase.
  • Non-Transferable:

    • No Transfer of Refunds: Refunds are non-transferable to other individuals or accounts.

Compliance with Consumer Laws

  • Legal Rights:

    • Consumer Protection: This Refund Policy is subject to applicable consumer protection laws and regulations. Where such laws provide additional rights or remedies, those rights may supersede the policies stated herein.
  • No Waiver of Rights:

    • Statutory Rights: Nothing in this Refund Policy is intended to limit your statutory rights as a consumer.

Refund Request Procedure

  • Submission Requirements:

    • Written Requests: All refund requests must be submitted in writing via email to hello@bossup.academy.
  • Required Information:

    • Details Needed: Your request must include your full name, contact information, date of purchase, order number or transaction ID, detailed explanation of the reason for the refund request, and any supporting documentation or evidence.
  • Response Time:

    • Acknowledgment: BossUP Academy aims to respond to refund requests within five (5) business days. Response times may vary during peak periods or due to unforeseen circumstances.
  • Final Decision:

    • Discretionary Authority: All refund decisions are made at the sole discretion of BossUP Academy and are considered final.

Amendments to Refund Policy

  • Right to Modify:

    • Policy Changes: BossUP Academy reserves the right to modify or update this Refund Policy at any time without prior notice.
  • Effective Date of Changes:

    • Immediate Effect: Changes will be effective immediately upon posting to our website or through other reasonable means.
  • Customer Responsibility:

    • Periodic Review: It is the customer's responsibility to review the Refund Policy periodically for any updates or changes.

Acknowledgment and Acceptance

  • Acceptance of Terms:

    • Binding Agreement: By purchasing, accessing, or using our Services, you acknowledge that you have read, understood, and agree to this Refund Policy.
  • Integral Part of Terms:

    • Agreement Inclusion: This Refund Policy forms part of the Terms and Conditions and is a binding agreement between you and BossUP Academy.

12. Changes to Terms and Services

BossUP Academy reserves the right to modify, amend, or update these Terms and any aspects of its Services at any time without prior notice. This section outlines your responsibilities regarding such changes and the implications for continued use of the Services.

Modification of Terms

  • Effective Upon Posting:

    • Immediate Effectiveness: Changes to these Terms will be effective immediately upon posting the updated version on our website or through other reasonable means.
  • User Responsibility:

    • Regular Review: It is your responsibility to regularly review the Terms to stay informed of any updates.
  • Continued Use Constitutes Acceptance:

    • Implied Consent: Your continued use of the Services after any modifications signifies your acceptance of the new Terms.
  • Disagreement with Changes:

    • Right to Terminate: If you do not agree with the amended Terms, you must discontinue use of the Services immediately.

Modification or Discontinuation of Services

  • Right to Modify or Discontinue:

    • Service Changes: We may modify, suspend, or discontinue any part of the Services, including features, content, and availability, at any time.
  • No Liability for Changes:

    • Disclaimer of Liability: BossUP Academy shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Services.
  • Substitutions and Credits:

    • Alternative Offerings: At our discretion, we may provide access to equivalent content or offer credits in the event of significant changes.

Price Changes

  • Adjustment of Fees:

    • Right to Change Fees: BossUP Academy reserves the right to change the fees associated with the Services at any time.
  • Effective Dates:

    • Notification of Price Changes: Any changes in pricing will be effective immediately upon posting, unless otherwise stated.
  • Existing Subscriptions:

    • Grandfathering: Price changes may not affect existing subscriptions or may come into effect upon renewal, depending on the specific terms.

Termination of Services

  • Right to Terminate:

    • Immediate Termination: We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.
  • Effect of Termination:

    • Cessation of Rights: Upon termination, your right to use the Services will cease immediately.
  • Survival of Terms:

    • Continuing Obligations: All provisions of the Terms which by their nature should survive termination shall remain in effect.

No Liability for Changes

  • Disclaimer of Liability:

    • No Warranties: BossUP Academy makes no warranties or representations regarding the availability, reliability, or suitability of the Services following modifications or termination.
  • No Compensation:

    • No Entitlement: You are not entitled to any compensation or reimbursement for modifications to or termination of the Services.

Acceptance of Changes

  • Binding Agreement:

    • Updated Terms: By continuing to use the Services after changes have been made, you agree to be bound by the updated Terms.
  • Severability:

    • Partial Invalidity: If any part of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Notice of Changes

  • Posting of Updates:

    • Methods of Notice: Changes will be posted on our website and may also be communicated via email or other means.
  • Additional Notifications:

    • No Obligation: We are not obligated to provide additional notice beyond posting updates to the Terms.

User's Obligation to Review

  • Periodic Review Recommended:

    • Staying Informed: You are encouraged to review the Terms each time you use the Services to stay informed of any changes.
  • Assumption of Risk:

    • Consequences of Non-Review: Failure to review the Terms does not absolve you of responsibility for compliance.

13. Limitation of Liability and Downtime Disclaimer

BossUP Academy is committed to providing high-quality Services with minimal disruptions. However, due to the inherent nature of internet-based services and technology, certain limitations apply.

Limitation of Liability

  • Exclusion of Certain Types of Damages:

    • No Liability for Indirect Damages: BossUP Academy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
  • Liability Cap:

    • Maximum Liability Amount: BossUP Academy's total liability shall not exceed the total amount you have paid for the Services in the three (3) months preceding the claim.
  • No Liability for Third-Party Actions:

    • Third-Party Content and Services: We are not liable for actions or content provided by third parties, including but not limited to third-party websites, services, or applications linked to or integrated with our Services.

Disclaimer of Warranties

  • Services Provided "As Is":

    • No Guarantees: The Services are provided on an "as is" and "as available" basis without warranties of any kind.
  • No Express or Implied Warranties:

    • Disclaimed Warranties: BossUP Academy disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance.

Downtime and Service Availability

  • No Guarantee of Uninterrupted Access:

    • Potential Interruptions: We cannot guarantee that the Services will be uninterrupted, timely, secure, or error-free.
  • Scheduled Maintenance:

    • Service Interruptions: Services may be temporarily unavailable during maintenance or upgrades. We will endeavor to schedule such maintenance during off-peak hours.
  • Unforeseen Technical Issues:

    • Beyond Our Control: We are not liable for disruptions beyond our control, including internet outages, hardware failures, or other technical issues.

Customer Responsibilities

  • Compatibility and Updates:

    • Technical Requirements: You are responsible for ensuring your devices meet the necessary technical requirements and are compatible with our Services.
  • Third-Party Platforms and Software:

    • No Responsibility for Third Parties: We are not responsible for issues caused by third-party services or software that you use in conjunction with our Services.
  • Data Backup:

    • Safeguarding Your Data: You are responsible for backing up your data and any content you use in connection with the Services.

Force Majeure

  • Events Beyond Control:

    • No Liability for Force Majeure: BossUP Academy shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, pandemics, government actions, or other force majeure events.

No Guarantee of Error-Free Operation

  • Potential for Errors:

    • No Warranty of Perfection: We do not warrant that the Services will be free from errors, bugs, or security vulnerabilities.
  • Viruses and Harmful Components:

    • Security Measures: While we take precautions, we do not guarantee that the Services are free from viruses, malware, or other harmful components.

Accuracy of Information

  • No Warranty on Content Accuracy:

    • Informational Content: We make no warranties regarding the accuracy, completeness, or usefulness of any information provided through the Services.
  • Use at Your Own Risk:

    • Verification Recommended: Reliance on the information provided is at your own risk, and you are responsible for verifying any information before relying on it.

Exclusions and Limitations

  • Jurisdictional Limitations:

    • Applicability: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages.
  • Limitations Apply to the Maximum Extent Permitted:

    • Enforceability: The limitations and exclusions outlined apply to the maximum extent permitted by law.

Indemnification

  • Customer's Agreement to Indemnify:

    • Hold Harmless: You agree to indemnify, defend, and hold harmless BossUP Academy and its affiliates from any claims, liabilities, damages, losses, or expenses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

Survival of Limitations

  • Ongoing Effect:

    • Post-Termination: All disclaimers, limitations of liability, and indemnity provisions in these Terms shall survive termination or expiration of the agreement.

14. Customer Support

BossUP Academy is dedicated to providing exceptional customer support to assist you with any questions, concerns, or issues related to our Services.

Contacting Customer Support

  • Primary Contact Method:

  • Support Hours:

    • Flexible Availability: Support hours vary due to the flexibility of working with clients during times that work best for them.
  • Response Timeframe:

    • Timely Responses: We aim to respond to all inquiries within two (2) business days. Response times may vary due to volume or unforeseen circumstances.

Scope of Support

  • Support Services Include:

    • Account Assistance: Help with login issues, account settings, and password resets.

    • Navigation Guidance: Assistance with navigating courses, accessing materials, and using platform features.

    • Technical Support: Troubleshooting technical issues related to our website or Services.

  • Support Services Exclude:

    • Personalized Consulting: Support does not include personalized consulting beyond purchased Services.

    • Professional Advice: We do not provide professional legal, financial, or tax advice through customer support.

    • Third-Party Products: We are not responsible for supporting third-party products or services.

Customer Responsibilities

  • Accurate Information:

    • Detailed Descriptions: Provide accurate and detailed information when contacting support to facilitate efficient resolution.
  • Respectful Communication:

    • Professional Conduct: Communicate in a respectful and professional manner. Abusive or inappropriate language will not be tolerated.
  • Verification of Identity:

    • Security Measures: We may require verification of identity for security purposes before assisting with account-specific issues.

Limitations and Disclaimers

  • No Guarantee of Resolution:

    • Best Efforts: While we strive to resolve issues promptly, we do not guarantee that every issue can or will be resolved.
  • Third-Party Issues:

    • External Factors: We are not responsible for issues arising from third-party services, software, or hardware.

Record Keeping and Privacy

  • Communication Records:

    • Retention of Correspondence: Communications with customer support may be recorded and retained for training, quality assurance, and record-keeping purposes.
  • Privacy Compliance:

    • Data Protection: Personal information collected during support interactions will be handled in accordance with our Privacy Policy.

Alternative Support Channels

  • No Obligation for Additional Channels:

    • Discretionary Offerings: We may provide additional support channels (e.g., live chat, phone support) at our discretion but are not obligated to do so.

Harassment and Abuse Policy

  • Zero Tolerance:

    • Prohibited Conduct: Harassment, abuse, or threatening behavior towards support staff will not be tolerated.
  • Consequences:

    • Account Actions: Such behavior may result in suspension or termination of support services and possibly your account, without refund.

15. Termination for Misconduct

BossUP Academy reserves the right to terminate or suspend your access to the Services immediately, without prior notice or liability, if you engage in misconduct. This section outlines the grounds for termination and the consequences thereof.

Right to Terminate

  • Immediate Action:

    • No Prior Notice Required: We may terminate or suspend your account and access to the Services immediately for misconduct.

Grounds for Termination

  • Violation of Laws:

    • Illegal Activities: Engaging in activities that violate any applicable laws or regulations.
  • Harassment or Abuse:

    • Inappropriate Conduct: Harassing, threatening, or abusing other users or staff.
  • Fraudulent Activities:

    • Deception: Committing fraud, misrepresentation, or providing false information.
  • Violation of Intellectual Property Rights:

    • Infringement: Infringing upon or misappropriating BossUP Academy's or third parties' intellectual property rights.
  • Unauthorized Access or Interference:

    • Security Breach: Attempting unauthorized access to the Services or introducing viruses or harmful code.
  • Misuse of Services:

    • Prohibited Use: Using the Services for unauthorized purposes or in a manner that violates these Terms.
  • Distribution of Unauthorized Materials:

    • Content Sharing: Sharing or distributing course materials without permission.
  • False Representation:

    • Impersonation: Impersonating others or misrepresenting your affiliation with any person or entity.
  • Violation of These Terms:

    • Breach of Agreement: Any other breach of the provisions outlined in these Terms.

Consequences of Termination

  • No Refunds or Credits:

    • Forfeiture of Fees: You will not be entitled to any refund or credit for amounts paid prior to termination.
  • Revocation of Access and Licenses:

    • Immediate Cessation: Your license to use the Services will be immediately revoked.
  • Legal Action and Remedies:

    • Pursuit of Claims: We reserve the right to pursue all legal remedies available, including seeking damages and injunctive relief.

Notification of Termination

  • Method of Notification:

    • Communication Channels: We may provide notice of termination via email, account notification, or other reasonable means.

Investigation and Enforcement

  • Right to Investigate:

    • Fact-Finding: We reserve the right to investigate suspected violations of these Terms.
  • Cooperation with Authorities:

    • Legal Compliance: We may cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone engaging in misconduct.

No Liability for Termination

  • Disclaimer of Liability:

    • No Damages for Termination: BossUP Academy shall not be liable to you or any third party for termination of your access to the Services.

Survival of Terms

  • Continuing Obligations:

    • Enforceability: Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, indemnity, and limitations of liability.

Indemnification

  • Your Agreement to Indemnify:

    • Responsibility for Actions: You agree to indemnify, defend, and hold harmless BossUP Academy from any claims arising from your misconduct.

No Right to Reinstatement

  • Finality of Termination:

    • No Appeal: Termination for misconduct is final, and you have no right to reinstatement or reimbursement.

16. Dispute Resolution and Binding Arbitration

At BossUP Academy, we are committed to providing high-quality Services and value your satisfaction. This section outlines the process for resolving disputes, including binding arbitration and waiver of class action rights.

Informal Resolution

  • Good Faith Effort to Resolve:

    • Initial Contact: Before initiating any formal legal proceedings, you agree to first contact us at hello@bossup.academy to discuss the dispute.
  • Mandatory Pre-Arbitration Negotiation:

    • Negotiation Period: Both parties agree to negotiate in good faith to resolve the dispute for at least thirty (30) days from the date of the initial notification.

Binding Arbitration

  • Agreement to Arbitrate:

    • Arbitration Requirement: Any disputes that cannot be resolved informally will be resolved through binding arbitration, rather than in court.
  • Arbitration Venue and Rules:

    • Location: The arbitration will be conducted in Jefferson County, Ohio, unless both parties agree otherwise.

    • Governing Rules: The arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

  • Arbitration Procedure:

    • Initiation: The party seeking arbitration must submit a written Demand for Arbitration to the other party and the AAA.

    • Discovery: Limited discovery may be permitted at the arbitrator's discretion.

    • Confidentiality: The arbitration proceedings and any related information shall remain confidential.

    • Arbitrator's Authority: The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

Arbitration Costs and Fees

  • Sharing of Costs:

    • Fee Allocation: Each party shall bear its own attorneys' fees. Costs of arbitration, including administrative and arbitrator fees, shall be shared equally unless the arbitrator determines that a different allocation is necessary.

Class Action Waiver

  • No Class Actions:

    • Individual Proceedings Only: All disputes must be resolved on an individual basis. Neither party may participate in a class or representative action.
  • Waiver of Class Claims:

    • Binding Agreement: You agree to waive any right to a jury trial and the ability to participate in a class action lawsuit or class-wide arbitration.

Exceptions to Arbitration Agreement

  • Small Claims Court:

    • Permitted Actions: You may assert qualifying claims in small claims court located in Jefferson County, Ohio.
  • Injunctive Relief:

    • Protection of IP Rights: BossUP Academy may seek injunctive relief in court to protect its intellectual property or confidential information.

Time Limitations

  • Statute of Limitations:

    • Filing Deadline: Any claim arising out of or related to these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.

Governing Law

  • Applicable Law:

    • Ohio Law: These Terms and any disputes arising out of or related to them shall be governed by the laws of the State of Ohio, without regard to its conflict of law principles.

Severability

  • Enforceability:

    • Partial Invalidity: If any provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in effect.

Survival

  • Continuation of Obligations:

    • Post-Termination: This Dispute Resolution and Binding Arbitration section survives any termination or expiration of these Terms or your relationship with BossUP Academy.

17. Force Majeure

BossUP Academy acknowledges that unforeseen events beyond its reasonable control may impact its ability to fulfill obligations under these Terms.

Understanding Force Majeure

  • Definition:

    • Force Majeure Events: Events include, but are not limited to, natural disasters, acts of God, war, terrorism, civil unrest, pandemics, government actions, labor disputes, cyber-attacks, or other events beyond our reasonable control.

Effects of Force Majeure

  • Exemption from Liability:

    • Suspension of Obligations: BossUP Academy shall be excused from performance to the extent affected by the force majeure event.
  • Resumption of Services:

    • Efforts to Resume: We will make reasonable efforts to resume full performance as soon as practicable.

Notice of Force Majeure

  • Notification:

    • Timely Communication: We will make reasonable efforts to notify customers of the occurrence of a force majeure event and its expected duration.

Termination Rights

  • Extended Events:

    • Right to Terminate: If the force majeure event continues for more than thirty (30) days, either party may terminate the agreement upon written notice.
  • No Liability for Termination:

    • Mutual Release: Termination due to a force majeure event shall not constitute a breach of these Terms.

18. Severability Clause

In the event that any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or limited to the minimum extent necessary to make it valid and enforceable.

Modification to Preserve Intent

  • Adjustment of Terms:

    • Reformation: The invalid or unenforceable provision shall be modified to reflect the original intent of the parties as closely as possible.

Independent Provisions

  • Remaining Terms:

    • Full Force and Effect: The validity and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect.

Integral Agreement

  • Non-Affectation:

    • Entire Agreement: This Severability Clause is an integral part of these Terms and ensures the continued enforceability of the agreement.

19. Electronic Signature Consent

By using our Services, you consent to the use of electronic communications and electronic signatures for all purposes.

Electronic Agreements

  • Legal Equivalence:

    • Binding Effect: Your electronic acceptance of these Terms has the same legal effect as a physical signature.

Consent to Electronic Transactions

  • Agreement to Conduct Business Electronically:

    • Electronic Consent: You agree to conduct transactions electronically and accept that electronic records and signatures are binding.

Delivery of Communications

  • Electronic Delivery:

    • Methods of Communication: You agree that we may provide you with required notices, agreements, and other information concerning the Services electronically.

Withdrawal of Consent

  • Right to Withdraw:

  • Consequences:

    • Service Termination: Withdrawal may result in termination of access to the Services, as electronic communication is essential to their operation.

20. Privacy Policy Incorporation

Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and forms an integral part of this agreement.

Acceptance of Privacy Policy

  • Acknowledgment:

    • Consent: By using our Services, you acknowledge that you have read and understood the Privacy Policy.

Updates to Privacy Policy

  • Right to Modify:

    • Policy Changes: We may update the Privacy Policy from time to time, with changes effective upon posting.

Conflict of Terms

  • Precedence:

    • Governing Terms: In the event of any conflict between these Terms and the Privacy Policy, these Terms shall prevail.

21. Modifications to Services

BossUP Academy reserves the right to modify, suspend, or discontinue the Services, or any part thereof, at any time with or without notice.

Changes to Services

  • Service Adjustments:

    • Modification Rights: We may add or remove features, content, or functionalities.
  • No Liability for Modifications

    • Disclaimer: We shall not be liable for any modification, suspension, or discontinuance of the Services.

Notice of Changes

  • Advance Notice:

    • Notification: We will provide at least fifteen (15) days' notice via email or prominent notice on our website for significant changes.

22. Age Restrictions

Eligibility

  • Minimum Age Requirement:

    • Age Limit: The Services are intended for users who are at least 18 years old.

Prohibition for Underage Users

  • Strict Prohibition:

    • No Access: Individuals under the age of 18 are strictly prohibited from using our Services.

Account Removal

  • Enforcement:

    • Termination of Access: If it is determined that someone under 18 has accessed the Services, the account will be removed without refund.

23. Third-Party Content and Services

Links to Third-Party Sites

  • No Endorsement:

    • External Resources: Our Services may contain links to third-party websites or services that are not owned or controlled by BossUP Academy.
  • No Control Over Third-Party Services:

    • Disclaimer: We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

User Responsibility

  • Access at Your Own Risk:

    • Due Diligence: Use of Third-Party Services is at your own risk, and you should review their terms and policies.

Third-Party Interactions

  • Transactions with Third Parties:

    • Independent Relationship: Any dealings with third parties are solely between you and the third party.
  • Disputes with Third Parties:

    • No Involvement: BossUP Academy shall not be responsible or liable for any loss or damage incurred as a result of any dealings with third parties.

24. Confidentiality

Definition of Confidential Information

  • Confidential Information:

    • Scope: Any non-public, proprietary information disclosed by BossUP Academy, including but not limited to business strategies, financial data, technical specifications, and client lists.

Obligations

  • Non-Disclosure:

    • Protection of Information: You agree to hold all Confidential Information in strict confidence and not disclose it to any third party.
  • Use Limitation:

    • Permitted Use: Use Confidential Information solely for the purpose of utilizing the Services.
  • Protection Measures:

    • Reasonable Care: Take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information.

Exclusions

  • Information Not Deemed Confidential:

    • Public Domain: Information that is publicly known without breach of these Terms.

    • Already Known: Information already in your possession prior to disclosure.

    • Independently Developed: Information independently developed without use of Confidential Information.

Compelled Disclosure

  • Legal Requirement:

    • Compliance: If required by law to disclose Confidential Information, notify us promptly and disclose only what is legally required.

Return or Destruction

  • Upon Request:

    • End of Relationship: Return or destroy all Confidential Information upon termination of the agreement or upon our request.

25. Acknowledgment and Acceptance of Terms

By accessing, purchasing, downloading, installing, or using any of the Services provided by BossUP Academy, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any future modifications or updates.

  • Binding Agreement:

    • Consent: Your acceptance of these Terms creates a legally binding agreement between you and BossUP Academy.
  • Full Understanding:

    • Comprehension: You affirm that you have the capacity to understand, agree, and comply with these Terms.

26. Contact Information

If you have any questions, concerns, or require clarification regarding these Terms or any aspect of our Services, please contact us at:

We are committed to addressing your inquiries promptly and effectively.


27. Entire Agreement

These Terms, along with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and BossUP Academy concerning your access to and use of the Services.

  • Superseding Previous Agreements:

    • Prior Understandings: These Terms supersede and replace any prior agreements or understandings, whether written or oral.

28. No Waiver

  • Failure to Enforce:

    • No Waiver of Rights: The failure of BossUP Academy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Cumulative Remedies:

    • Preservation of Rights: All rights and remedies under these Terms are cumulative and are in addition to any other rights and remedies available at law or in equity.

29. Assignment

By BossUP Academy

  • Transfer of Rights:

    • Without Consent: We may assign, transfer, or delegate our rights and obligations under these Terms without notice or consent.

By You

  • Restrictions:

    • Prohibition: You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from BossUP Academy.

30. Headings and Interpretation

Headings

  • Convenience Only:

    • No Legal Effect: The headings in these Terms are for convenience and reference only and do not affect the meaning or interpretation of any provision.

Interpretation

  • Inclusivity:

    • Singular and Plural: In these Terms, unless the context requires otherwise, the singular includes the plural and vice versa.
  • Including Without Limitation:

    • Non-Exhaustive Lists: References to "including" mean "including without limitation."

31. Governing Law and Jurisdiction

Governing Law

  • Applicable Law:

    • State Law: These Terms and any disputes arising out of or related to them shall be governed by the laws of the State of Ohio, without regard to its conflict of law principles.

Jurisdiction

  • Consent to Jurisdiction:

    • Exclusive Jurisdiction: Subject to the Binding Arbitration clause, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Jefferson County, Ohio.

32. Survival

  • Continuing Effect:

    • Post-Termination: All provisions of these Terms that by their nature should survive termination shall survive any termination or expiration of this agreement, including but not limited to intellectual property rights, disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.


If you have any questions or need further assistance, please feel free to reach out to us at hello@bossup.academy.

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