Service Agreement (Public Offer)
August 12, 2023
1. General Provisions
1.1. This document is permanently accessible on the Internet at the web address: https://school.appmindpower.com/public_offer_foxmind, in accordance with applicable laws and regulations of the United States. It constitutes an invitation for individuals to consider entering into a Service Agreement (hereinafter referred to as the "Agreement") with FoxMind Inc., a registered business entity under the laws of the State of Florida (hereinafter collectively referred to as the "Contractor"), and any individual who meets the conditions set forth in section 1.3 of this Agreement (hereinafter referred to as the "Customer").
1.2. By accepting the terms and conditions detailed below and completing payment for services, any legal entity, sole proprietor, or individual who acknowledges this offer becomes a Customer (pursuant to the legal principles established under Florida law, acceptance of this offer signifies the establishment of an agreement on the terms outlined in the offer).
1.2.1. The acceptance of this Offer Agreement is demonstrated through the execution of any combination of the following actions:
Submission of registration information by the Customer on the Contractor's internet website, followed by selecting the "Place an Order" option.
Completion of payment by the Customer for the chosen service, adhering to the guidelines provided in this Offer Agreement.
1.3. By taking actions to accept this public Offer Agreement, the Customer confirms their legitimacy, authority, legal capacity, and that they have reached the age of 18 years, as well as possess the legal right to enter into contractual relations with the Contractor.
2. Terms and Definitions
In this Offer Agreement, unless explicitly stated otherwise, the following terms shall have the meanings ascribed to them below:
2.1. Service Package: An information product encompassing a specific collection of content, including video materials, assignments, tests, webinars, informational sessions, offline meetings, consulting support, access to restricted information channels on platforms such as messaging applications, thematic discussions, mastermind sessions, guidelines, textual and graphical materials, checklists, templates, software tools, and any other documents or information that are unified by a common theme and designated title.
2.2. Module: A distinct section (block) of an information product designed to facilitate the delivery of content on a specific subject area and skill set. It comprises a series of Video and Methodological materials and Assignments, all centered around a single topic.
2.3. Websites: The official websites operated by the Contractor, accessible via the following domains and their associated subdomains:
https://school.appmindpower.com/
2.4. Assignment: Independent assignments undertaken by the Customer outside of the video material framework, aimed at reinforcing and advancing the skills and knowledge gained during each Module's video content. These assignments may be evaluated by the Contractor to assess acquired skills and knowledge.
2.5. Platform: An automated system utilized by the Contractor for the sale and delivery of video materials, interactive training sessions, and services under this Offer Agreement. The exclusive rights to this platform are held by a third party.
2.7. All other terms contained within this Offer Agreement shall be construed by the Parties in accordance with the prevailing laws of the United States, the State of Florida, and the customary rules for interpreting relevant terms as established within the context of the internet and online business practices.
3. Subject of the Offer
3.1. The Contractor undertakes to furnish the Customer with services as specified within the selected Internet Service Package. In turn, the Customer agrees to remit payment for said services in accordance with the terms outlined in this offer.
3.2. A comprehensive roster of Service Packages, inclusive of other services extended by the Contractor, alongside their respective costs, scope, content, duration, scheduling, and execution protocols, can be accessed through the pertinent section of the Internet Websites, encompassing the following domains and their associated subdomains:
4. Rules and Procedure for Providing Services
4.1. The services will be provided by the Contractor personally. The Contractor reserves the right to engage third parties in providing services under this Agreement without prior consent from the Customer.
4.2. Services may be provided simultaneously to several Customers. The Customer acknowledges and accepts these terms of service.
4.3. Before the commencement of service provision, the Customer must provide the Contractor with the necessary data for registration on the Website using the form approved by the Contractor (Registration Application).
4.4. The process of providing the information product will utilize software and network resources. The Contractor will create a separate personal account on its website for each Customer and provide authentication data (login and password) for accessing the personal account during the service provision period. The authentication data will be sent by the Contractor to the Customer's email address specified during registration on the Contractor's website.
4.5. Service provision shall initiate once the Customer forwards the authentication details to the Contractor to access the personal account.
4.6. Access to the information product or its modules may be provided progressively, in stages or as a one-time access. Progressive access involves providing access to the information product as the Customer advances through the training program and successfully completes assignments stipulated by the Contractor. One-time access grants the Customer full access to the information product with all video lessons. The access timeframe will be specified in the description of the specific Service Package on the Website.
4.7. During the process of studying the information product, including the completion of assignments, the Customer agrees to comply with the legislation of the US and Florida laws regarding intellectual property, its protection, and will be held responsible for any violations.
4.8. The Parties acknowledge that there is no requirement for executing a formal acceptance and transfer of services rendered. The absence of claims from the Customer, sent in writing to the Contractor, within three calendar days from the completion of the next module within the selected and paid Service Package, or the completion of the entire Service Package and/or further receipt of services within the Service Package for subsequent Modules, will be considered as confirmation of full and unconditional acceptance in terms of the quality and scope of services provided for that particular Module or the entire Service Package.
4.9. The absence of written claims from the Customer, communicated to the Contractor, within three calendar days from the date of completion (conduct) of any of the activities within the chosen and paid Service Package shall be interpreted as confirmation that the rendered services were accepted by the Customer without reservations.
5. Rights and Obligations of the Parties
5.1. The Customer has the right to:
5.1.1. Receive services within the scope of the chosen and paid-for Service Package, in accordance with the terms of this Offer Agreement.
5.1.2. The Customer may make decisions regarding the implementation of specific actions recommended by the Contractor as part of the service provision under this Offer Agreement.
5.1.3. In the event of access expiration to the information product, the Customer has the right to request an "extension of access" by communicating with the Contractor via email. The renewal cost for access is 50% of the Service Package cost. However, the Contractor reserves the right to independently assess the possibility of extending access to a particular information product. Notably, access extension is not available for the "Game of Mirages" training.
5.2. The Customer is prohibited from:
5.2.1. Bypassing the technical restrictions established on the platforms employed by the Contractor to deliver services under this Offer Agreement.
5.2.2. Engaging in the study, decompilation, or disassembly of the Website, Intellectual Property, or any materials forming part of the services provided under this Offer Agreement.
5.2.3. Replicating the Website, Intellectual Property, or any materials encompassed within the services offered under this Offer Agreement, including reproducing their visual design (layout).
5.2.4. Modifying the Website or conducting actions aimed at altering the operation and performance of the Website.
5.2.5. Granting access to Materials, Intellectual Property, personal accounts, or any materials encompassed within the services provided under this Offer Agreement to a third party without obtaining express written consent from the Contractor.
5.2.6. Creating derivative or analogous information products, distributing, transferring to third parties, or otherwise utilizing part or entirety of the materials and content of the Website and information products.
5.2.7. Selling or transferring the right to assert claims against the Contractor to a third party.
5.3. The Customer is obliged to:
5.3.1. Follow the schedule and comply with the recommendations of the Contractor regarding the receipt of the information product, as per clause 5.1.2 of this Offer Agreement.
5.3.2. Attend all activities within the Service Package in person and on time.
5.3.3. Timely provide reports on the completion of the Assignments in full and in the form established by the Contractor.
5.3.4. Communicate with the Contractor and other individuals involved in the execution of this Offer Agreement in a respectful and courteous manner.
5.3.5. Direct any inquiries related to the services offered under this Offer Agreement to the Support Service at support@school.appmindpower.com. The absence of inquiries from the Customer implies their familiarity with the necessary and adequate information pertaining to the services under this Offer Agreement.
5.3.6. Independently configure their computer's software, hardware, and internet connection to ensure seamless utilization of the services provided through youtube.com, google.com/drive/, and https://getcourse.ru/, which are employed during the service provision.
5.3.7. Ensure the uninterrupted operation of the Internet connection, equipment, and software on their part to be able to freely use all the services of youtube.com, google.com/drive/, and https://getcourse.ru/, which are used in the course of providing services.
5.4. The Customer guarantees:
5.4.1. Providing the Contractor with complete and accurate data when filling out the registration form on the Website. In the event that the Customer provides false or incomplete data, the Contractor shall not be liable to the Customer for providing any information based on the erroneously specified data, not to the Customer, but to third parties, even if they contain part of the Customer's personal data.
5.4.2. Ensuring that the software and equipment employed by the Customer (personal computer) meet the subsequent technical prerequisites: Processor with a clock speed of 1.5 GHz or higher, minimum 4 GB RAM, hard drive with a capacity of at least 128 GB, monitor of no less than 10 inches diagonal with a resolution of 1440 x 900 pixels, operating systems Windows 7 or later or Mac OS X 10.7 or later, and the latest version of the Google Chrome browser.
5.5. The Contractor reserves the right to:
5.5.1. Refrain from commencing or temporarily suspending service provision, as well as the Customer's access to materials encompassed within the Service Package and the Personal Account, until the respective violation is rectified, in the presence of any of the following circumstances:
5.5.1.1. The Customer's violation of terms and other conditions governing payment for services under this Offer Agreement.
5.5.1.2. Provision of incomplete and/or inaccurate information pertaining to the Customer (in accordance with section 4.3. of this Offer Agreement).
5.6. The Contractor is obliged to:
5.6.1. Ensure the proper and complete provision of the services for which the Customer has remitted payment, in full alignment with the terms outlined in this Offer Agreement.
5.6.2. Provide the necessary access to the Customer before the commencement of training. However, the Contractor does not and cannot guarantee the specific result expected by the Customer. Within the framework of the information product (training) program, the Contractor provides information, and the result is achieved through the actions and efforts of the Customer. Service packages are provided "as is."
6. Responsibilities of the Parties
6.1. The Contractor is not responsible for the achievement of the desired result by the Customer, as it depends on the duration, regularity of the Customer's engagement, and individual characteristics and personal qualities of the Customer.
6.2. The Contractor assumes no responsibility for the inability to render services to the Customer due to circumstances linked to disruptions in the Customer's internet connection, hardware, or software, as well as any other factors impeding service receipt arising due to the Customer's actions. The Customer acknowledges that the loss of login credentials and/or passwords, insufficient time for completing training, or any other factors under the Customer's control do not warrant the refund of previously paid sums.
6.3. All responsibility for the illegal use of information that is part of the information product and received from the Contractor by the Customer is borne by the Customer.
6.4. The Customer pledges not to disclose their authentication data to third parties for accessing the information product and/or its components. Should it be disclosed that third parties have accessed the information product and/or its parts through the Customer's personal account, the Customer agrees to remit a penalty amounting to 5,000 (five thousand) US Dollars. The penalty's magnitude is determined by assessing the potential or actual detriment to the Contractor's rights and lawful interests, significantly surpassing the cost of the Service Package paid by the Customer under this Offer Agreement. The Contractor's demand for penalty payment necessitates immediate voluntary compliance, preferably before resorting to legal proceedings. In the event of Customer refusal or non-compliance with the penalty demand, the Contractor reserves the right to approach the court for safeguarding violated rights, without needing to adhere to the pre-trial claim resolution process.
6.5. The Contractor is not responsible for the actions of banks, electronic payment systems that provide payment and refunds in the execution of this Offer Agreement.
7. Cost of Services and Payment Procedures
7.1. The cost of the services rendered is unilaterally determined by the Contractor and denominated in US dollars (USD/$).
7.2. The cost of the services provided under this Offer Agreement depends on the type of Service Package chosen by the Customer. Information about the cost of Service Packages is posted on the Contractor's website.
7.3. The cost of the services provided within the framework of the Service Package chosen by the Customer is final, does not include commissions and additional payments, and is not subject to VAT due to the use of a simplified taxation system by the Contractor.
7.4. The Customer has the right to pay the cost of services in the following ways:
7.4.1. 100% one-time payment of the cost of the chosen Service Package before the start of using the information product.
7.4.2. Payment in installments for the chosen Service Package. The terms and procedure for paying for the Service Package in installments, as well as the amount and number of payments, are indicated on the Contractor's Website in the description of each specific Service Package.
7.5. Payment for the services provided under this Offer Agreement is made using electronic payment systems, following the rules of the relevant electronic payment systems and processing companies. In this case, the moment of payment is considered the moment of a positive result of payment authorization in the selected payment system.
7.6. The Contractor has the right to establish various discounts from the cost of the services provided.
7.7. The Contractor has the right to unilaterally change the prices for the services provided. Information about price adjustments is posted on the Contractor's Internet-based platform.
7.8. The date of entry into force of new prices and payment terms is the date of their posting on the Contractor's website.
7.9. The Customer understands and agrees that if, from the moment the Customer registers on the Contractor's Website until the Customer actually pays for the chosen Service Package, the cost of the relevant information product has been increased by the Contractor and published on the Contractor's Website, the Customer undertakes to pay the new cost of the Service Package or refuse to execute this Offer Agreement
8. Disputes Resolution Process
8.1. Claims from the Customer regarding the services provided must be submitted in writing to the address specified in Section 12 of this Offer Agreement.
8.2. The party receiving the claim is required to respond within ten business days from the date of receipt.
8.3. Claims submitted to the Contractor will be evaluated in accordance with the current laws of the state of Florida, United States.
8.4. In the event of a monetary claim, the Parties are obliged to undertake a mandatory pre-trial dispute resolution procedure.
8.5. If the dispute remains unresolved through pre-trial negotiation, it will be escalated to the court situated in the jurisdiction of the Contractor's location.
9. Conclusion, Modification, Termination of the Offer Agreement
9.1. The Offer Agreement is deemed concluded when the Customer performs the actions specified in clause 1.2.1. of this Agreement.
9.2. The Parties have the right to terminate the Agreement by mutual agreement at any time before the actual execution of the Agreement.
9.3. The Contractor reserves the right to terminate the Agreement should the Customer breach clauses 5.2. and 5.3 of this Agreement. Termination will be effected by notifying the Customer through the email address provided during registration on the Contractor's website. In such instances, funds remitted to the Contractor are non-refundable.
9.4. The Customer may initiate termination of the Agreement within 14 (fourteen) calendar days from the date of full payment for the Contractor's services Package, unless the Customer has obtained full access to materials or utilized the service in full or in part (50% or more). The refund for payments made in 2 or 3 installments shall commence 7 (seven) calendar days from the date of the 1st payment. The Website may outline distinct refund procedures for Customer withdrawal from Services (Agreement termination), based on the particulars of a given Service Package. In such cases, the specifications provided on the Contractor's Website shall take precedence.
Refund is not possible in cases where course participation is a requirement for a contest, where one of the stipulations is the purchase of a certain Plan/Package.
9.5. Refunds for the Contractor's Services will be processed upon receipt of a written application from the Customer. The application must be sent to the Contractor's email address support@school.appmindpower.com. The funds are returned to the Customer within 30 calendar days from the moment the Contractor receives the application.
9.6. The Contractor reserves the right to change or supplement any of the terms of this Offer Agreement at any time by publishing all changes on its website. If the published changes are unacceptable for the Customer, then the Customer must notify the Contractor in writing within 7 (seven) calendar days from the date of publication of the changes. If no such notification has been received, it is considered that the Customer continues to participate in the contractual relationship under the revised conditions.
10. Territory and Validity Period of this Offer Agreement
10.1. This Offer Agreement is effective from the date of its conclusion, which is recognized as the date of the Customer's acceptance of the Offer, and it remains in force until the Parties' obligations are fulfilled.
10.2. This Offer Agreement holds validity across all countries globally and within the scope of the interactive information network, the Internet.
11. Final Provisions
11.1. The Customer consents to the processing, storage, and potential transfer of their personal data by the Contractor, including to third parties (including the Platform), in accordance with the policies governing the processing of personal information.
11.2. The Customer agrees to receive mailings from the Contractor via email, phone, and SMS, using the contact information specified by the Customer.
11.3. All materials accessible to the Customer through the services under this Offer Agreement are subject to copyright. Information shared and/or sent to the Customer as part of the services by the Contractor is exclusively intended for the Customer's use. It is considered confidential and protected under prevailing copyright laws of the United States and the state of Florida. It may not be duplicated, transferred, reproduced, distributed, shared, forwarded, or published in electronic, print, or any other form without additional agreements or official written consent from the Contractor.
11.4. The Contractor reserves the right to assign the rights and obligations stemming from this Offer Agreement to third parties. The Customer hereby consents to the transfer of rights to third parties. The Contractor will notify the Customer about the assignment of rights via email.
11.5. Electronic document management via the email addresses specified by the Contractor in this Offer Agreement and those specified by the Customer in the Application for registration are mutually considered equivalent to document management on paper.
11.6. For all matters not regulated by this Agreement, the Parties must adhere to the prevailing laws of the United States and the state of Florida.
11.7. The service is considered properly provided, and funds paid to the Contractor are non-refundable if, for reasons beyond the Contractor's control, the Customer does not accept the service and fails to inform the Contractor of their intention to decline the services provided within 14 days from the date of payment.
12. Payment Details of the Contractor:
FoxMind Inc.
1221 Brickell Avenue, Suite 900,
Miami, Florida, 33131, United States of America
support@school.appmindpower.com