TERMS OF USE

Version as of 25. March 2019

1. Welcome to MINDWORX Academy

1.1 Introduction: MINDWORX s. r. o. (hereinafter as “MINDWORX”, “MW”, “we”,
us”, “our”) provides its services (described below) to you through its website
located at www.mindwroxacademy.com, as well as through websites of its partners
(any and all of the foregoing websites hereinafter as the “Site”) and through their
mobile applications and related services (collectively, such services, including any
new features, upgrades, applications, and the Site, hereinafter as the “Service(s)”),
subject to the following Terms of Use (hereinafter the “Terms”) and subject to any
terms of use imposed by the relevant Site.

Please read these Terms carefully, as they govern your use of the Site and
Services.

1.2 Modifications to the Terms:
We reserve the right, at our sole discretion, to amend or supplement these Terms at
any time. If we do this, depending on the nature of the change, we will post the
changes on this page and indicate at the top of this page the date these terms were
last revised and/or notify you, either through the Services' user interface, via email
notification or through other reasonable means, and as required by applicable law.
Any such changes will become effective no earlier than fourteen (14) days after they
are posted, except that changes addressing new functions of the Services or
changes made for legal reasons will be effective immediately as permitted by
applicable law. Your continued use of the Service after the date any such changes
become effective constitutes your acceptance of the new Terms. In addition, when
using the Services, you will be subject to any additional terms applicable to such
Services that may be from time to time applicable to the use of such Service.
1.3 Privacy: We all at MW respect the privacy of our users. For details please see
our Privacy Policy. By using the Services, you provide your consent to our collection
and use of personal data as outlined therein.

2. Access and Use of the Service

2.1 Use Description: The MW service, as well as any content accessed via our
service, is solely for your personal and non-commercial use. With your purchase of
the Services we grant you a limited, non-exclusive, non-transferable, license to
access the Services’ content and view your course(s) through the service on a
streaming-only basis and through any downloadable content available at the Site for
that purpose. Except for the foregoing limited license, no right, title or interest
whatsoever shall be transferred to you. You agree not to use the Service for public
performances. MW may revoke your license at any time in its sole discretion. Upon
such revocation, you must promptly destroy all content downloaded or otherwise
obtained through the Service, as well as copies of such materials, whether made in
accordance with these Terms or otherwise.
2.2 Your Registration Obligations: You may be required to register with MW in
order to access and use certain features of the Service. If you choose to register for
the Service, you agree to provide and maintain true, accurate, current and complete
information about yourself as prompted by the Service’s registration form.
Registration data and certain other information about you are governed by our
Privacy Policy.
2.3 Member Account, Password and Security: You may never use another’s
account, and you may not provide another person with the username and password
to access your own account. You are fully responsible for any and all activities that
occur under your password or account, and it is your responsibility to ensure that
your password remains confidential and secure. You agree to (i) immediately notify
MW of any unauthorised use of your password or account or any other breach of
security, and (ii) ensure that you exit from your account at the end of each session
when accessing the Service. MW will not be liable for any loss or damage arising
from your failure to comply with this Clause. If your subscription is part of a corporate
licence, you agree that you will create your own personal account for the Service and
will abide by these Terms and terms of each Site via which you access the Service.
2.4 Modifications to Service: MW reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that MW will not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service. We have no obligation to retain any
data relating to of your account or any submitted content for any period of time
beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage: You acknowledge that MW
may establish general practices and limits concerning use of the Service, including
without limitation the maximum period of time that data or other content will be
retained by the Service and the maximum storage space that will be allotted on the
Site and its servers on your behalf. You agree that MW has no responsibility or
liability for the deletion or failure to store any data or other content maintained or
uploaded by the Service. You acknowledge that MW reserves the right to terminate
accounts that are inactive for an extended period of time. You further acknowledge
that MW reserves the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
2.6 Mobile Services: The Service may include certain services that are available via
mobile device, including (i) the ability to upload content to the Service via mobile
device, (ii) the ability to browse the Service and the Site from a mobile device and (iii)
the ability to access certain features through an application downloaded and installed
on a mobile device (hereinafter the “Mobile Services”). To the extent you access the
Service through a mobile device, your wireless service provider’s standard charges,
data rates and other fees may apply. In addition, downloading, installing, or using
certain Mobile Services may be prohibited or restricted by your provider and not all
Mobile Services may work with all providers or devices. When using the Mobile
Services, you may be required to provide your telephone number. By providing your
telephone number, you consent to receive calls and/or SMS, MMS, or text messages
at that number. We may share your phone numbers with our affiliates or with our
service providers (such as customer support, billing or collections companies, and
text message service providers) who we have contracted with to assist us in pursuing
our rights or providing our Services under these Terms, our policies, applicable law,
or any other agreement we may have with you from time to time. You agree these
parties may also contact you using calls and text messages, as authorised by us to
carry out the purposes we have identified above, and not for their own purposes. In
the event you change or deactivate your mobile telephone number, you agree to
promptly update your Service account information to ensure that your messages are
not sent to the person that acquires your old number.
2.7 Money Back Guarantee: In case you become dissatisfied with the Service within
the first 30 days after purchase, MW will refund the full amount of your purchase and
subsequently terminate your access. For purchases using any discount, promotional
or other similar offers MW will refund as part of the money back guarantee only the
actual sum paid by you for the respective Service. Refunds are not available for
customers 30 days after a purchase. Refunds are not available for accounts which
have violated these Terms of Use; violations are determined at MW’s sole discretion.
If MW determines that you are abusing our refund policy, we reserve the right to
suspend or terminate your account and refuse or restrict any and all current or future
use of the Service without delivering a refund. To request a refund or to ask a
question regarding the 30-day money back guarantee, please send your email to
moneyback@mindworxacademy.com. The money back guarantee is not available to
any users subscribed as part of a corporate licence (i.e. licence not purchased by
individual user).

3. Conditions of Use

3.1 User Conduct: You are solely responsible for all code, video, images,
information, data, text, software, music, sound, photographs, graphics, messages or
other materials (“content”) that you upload, post, publish or display (hereinafter,
upload”) or email or otherwise use via the Service. MW reserves the right to
investigate and take appropriate legal action against anyone who, in MW’s sole
discretion, violates this provision, including without limitation, removing the offending
content from the Service, suspending or terminating the account of such violators and
reporting you to the law enforcement authorities. You agree not to use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or
other proprietary rights of any party; (ii) you do not have a right to upload under any
law or under contractual or other relationships; (iii) contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; (iv) poses or creates a privacy or security risk to any person; (v)
constitutes unsolicited or unauthorised advertising, promotional materials,
commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid
schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is
unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent,
defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy,
hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of
MW is
objectionable or which restricts or inhibits any other person from using or enjoying the
Service, or which may expose MW or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
- violate any applicable national, European or international law, or any regulations
having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity; solicit personal information from any other person;
- collect email addresses or other contact information of other users from the Service
by
electronic or other means for the purposes of sending unsolicited emails or other
unsolicited
communications;
- advertise or offer to sell or buy any goods or services for any business purpose that
is not specifically authorised by MW;
- further or promote any criminal activity or enterprise or provide instructional
information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through
any means not intentionally made available or provided for through the Service.
3.2 Fees: To the extent the Service or any part thereof is made available for any fee,
you will be required to select a payment plan and provide MW information regarding
your debit card, credit card or other payment instrument. You represent and warrant
to MW that such information is true and that you are authorised to use the payment
instrument. You will promptly update your account information with any changes (for
example, a change in your billing address or debit/credit card expiration date) that
may occur. You agree to pay MW the amount that is specified in the payment plan in
accordance with the terms of such plan and these Terms of Use. You hereby
authorise MW to bill your payment instrument in accordance with the terms of the
applicable payment plan until the whole amount of fee is duly paid by you to MW, and
you further agree to pay any charges so incurred. If you dispute any charges you
must let MW know within sixty (60) days after the date when MW charges you. We
reserve the right to change Services’ prices.
3.3 Special Notice for International Use: Downloading or using the Software
(defined below) is at your sole risk. Recognising the global nature of the Internet, you
agree to comply with all local rules and laws regarding your use of the Service,
including as it concerns online conduct and acceptable content.
3.4 Commercial Use: Unless otherwise expressly authorised herein or by MW in
writing, you agree not to display, distribute, license, perform, publish, reproduce,
duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or
upload for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.

4. Intellectual Property Rights

4.1 Service Content, Software and Trademarks: You acknowledge and agree that
the Service may contain content or features (“Service Content”) that are protected
by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorised by MW, you agree not to modify, copy, frame,
scrape, rent, lease, loan, sell, distribute or create derivative works based on the
Service or the Service Content, in whole or in part. In connection with your use of the
Service you will not engage in or use any data mining, robots, scraping or similar
data gathering or extraction methods. If you are
blocked by MW from accessing the Service (including blocking your IP address), you
agree not to implement any measures to circumvent such blocking (e.g., by masking
your IP address or using a proxy IP address). Any use of the Service or the Service
Content other than as specifically authorised herein is strictly prohibited. The
technology and software underlying the Service or distributed in connection therewith
(the “Software”) are the property of MW, our affiliates and our partners. You agree
not to copy, modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense, or
otherwise transfer any right in the Software. Any rights not expressly
granted herein are reserved by MW. The MW name and logos are trademarks and
service marks of MW (collectively the “MW Trademarks”). Other MW, product, and
service names and logos used and displayed via the Service may be trademarks or
service marks of their respective owners who may or may not endorse or be affiliated
with or connected to MW. Nothing in these Terms of Use or the Service should be
construed as granting, by implication, expressly or otherwise, any license or right to
use any of MW Trademarks displayed on the Service. All goodwill generated from the
use of MW Trademarks will inure to our exclusive benefit.
4.2 Third Party Material: Under no circumstances will MW be liable in any way for
any content or materials of any third parties (including users), including, but not
limited to, for any errors or omissions in any content, or for any loss or damage of any
kind incurred as a result of the use of any such content. You acknowledge that MW
does not pre-screen content, but that MW and its designees will have the right (but
not the obligation) in their sole discretion to refuse or remove any content that is
available via the Service. Without limiting the foregoing, MW and its designees will
have the right to remove any content that violates these Terms of Use or is deemed
by MW, in its sole discretion, to be otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any content, including any
reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content Transmitted Through the Service: With respect to the content or
other materials you upload through the Service or share with other users or recipients
(collectively, “User Content”), you represent and warrant that you own all right, title
and interest in and to such User Content, including, without limitation, all copyrights
and rights of publicity contained therein, and that you have all required rights to post
or transmit such content or other materials without violation of any third-party rights.
By uploading any User Content you hereby grant and will grant MW, its affiliated
companies and partners a nonexclusive, worldwide, royalty free, fully paid up,
transferable, sublicensable, perpetual, irrevocable license to copy, display, upload,
adapt, perform, publish, distribute (through multiple tiers of distribution and
partnerships), store, modify and otherwise use and fully exploit your User Content in
any and all media, form, medium, technology or distribution methods now known or
later developed and for any and all purposes (commercial or otherwise). You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information
relevant to the Service (“Submissions”), provided by you to MW, its affiliated
companies or partners are non-confidential and MW, its affiliated companies and
partners will be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you. You acknowledge and agree that MW may preserve content
and may also disclose content if required by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (i) comply with legal process,
applicable laws or government requests; (ii) enforce these Terms Use; (iii)
respond to claims that any content violates the rights of third parties; or (iv) protect
the rights, property, or personal safety of MW, its users and the public.
You understand that the technical processing and transmission of the Service,
including your content, may involve (i) transmissions over various networks, and (ii)
changes to conform and adapt to technical requirements of connecting networks or
devices.
4.4 Copyright Complaints: MW respects the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, or that your intellectual property rights have
been otherwise violated, you should notify MW of your infringement claim in
accordance with the procedure set forth below.
You may also contact us by mail at:
support@mindworxacademy.com
To be effective, the notification must be in writing and contain the following
information:
- a description of the copyrighted work or other intellectual property that you claim
has been
infringed;
- a description of where the material that you claim is infringing is located on the
Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not
authorised by the copyright or intellectual property owner, its agent, or the law;
- a declaration of oath by you that the above information in your notice is accurate
and that you are the copyright or intellectual property owner or authorised to act on
behalf of the copyright or intellectual property owner.
4.5 Counter-Notice: If you believe that your User Content that was removed (or
access to which was disabled) is not infringing, or that you have the authorisation
from the copyright owner, the copyright owner’s agent, or pursuant to the law, to
upload and use the content in your User Content, you may send a written counter-
notice containing the following information to us:
- identification of the content that has been removed or access to which has been
disabled and the location at which the content appeared before it was removed or
disabled;
- a statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content;
- your name, address, telephone number and email address, a statement that you
consent to the jurisdiction of the relevant courts of the Slovak Republic.
If a counter-notice is received by us, MW will send a copy of the counter-notice to the
original complaining party informing that person that it may replace the removed
content or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the
removed content may be replaced, or access to it restored, in 10 to 14 business days
or more after receipt of the counter-notice, at our sole discretion.
4.6 Repeat Infringer Policy: In accordance applicable law, MW has adopted a policy
of terminating, in appropriate circumstances and at MW’s sole discretion, users who
are deemed to be repeat infringers. MW may also at its sole discretion limit access to
the Service and/or terminate the memberships of any users who infringe any
intellectual property rights, whether or not there is any repeat infringement.

5. Third Party Websites

The Service may provide, or third parties may provide, links or other access to other
sites and resources on the Internet. MW has no control over such sites and
resources and MW is not responsible for and does not endorse such sites and
resources. You further acknowledge and agree that MW will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any content, events, goods or services
available on or through any such site or resource. Any dealings you have with third
parties while using the Service are between you and the third party, and you agree
that MW is not liable for any loss or claim that you may have against any such third
party.

6. Indemnity and Defence

To the fullest extent permitted by law, you agree to defend, indemnify and hold MW
and its affiliates and their officers, employees, directors and agents harmless from
any and all losses, damages, expenses, including reasonable attorneys’ fees, rights,
claims, actions of any kind and injury (including death) arising out of or relating to
your use of the Service, any User Content, your connection to the Service, your
violation of these Terms of Use or your violation of any other rights whatsoever.

7. Disclaimer of Warranties

Your use of Services is at your sole risk. The Services are provided on an “as is” and
“as available” basis. Except as otherwise expressly provided herein, MW expressly
disclaims all warranties of any kind, whether express, implied or statutory, including,
but not limited to the implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement. MW makes no warranty that (i) the Services will
meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or
error-free, (iii) the results that may be obtained from the use of the Services will be
accurate or reliable, or (iv) the quality of any products, Services, information, or other
material purchased or obtained by you through the Services will meet your
expectations.

8. Limitation of Liability

You expressly accept and agree that MW will not be liable for any indirect, incidental,
special, consequential, exemplary damages, or damages for loss of profits including
but not limited to, damages for loss of goodwill, use, data or other intangible losses
(even if MW has been advised of the possibility of such damages), whether based on
contract, non-contractual liability, negligence, strict liability or otherwise, resulting
from: (i) the use or the inability to use the Services; (ii) the cost of procurement of
substitute goods and services resulting from any goods, data, information or services
purchased or obtained or messages received or transactions entered into through or
from the Services; (iii) unauthorised access to or alteration of your transmissions or
data; (iv) statements or conduct of any third party on the Services; (v) application of
and reliance on information obtained from the Service; or (vi) any other matter
relating to the Services. In no event will MW’s total liability to you for any and all
damages, losses or causes of action exceed the amount you have paid to MW for
access to the Services at the time of purchase of the respective Service.

9. Termination

You agree that MW, in its sole discretion, may suspend or terminate your account (or
any part thereof) or your use of the Services and remove and discard any content
within the Service, for any reason, including, without limitation, for lack of use or if
MW believes that you have violated or acted inconsistently with the letter and/or spirit
of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may
form grounds for termination of your use of Services, may be referred to appropriate
law enforcement authorities. MW may also in its sole discretion and at any time
discontinue providing the Services, or any part thereof, with or without notice. You
agree that any termination of your access to the Services under any provision of
these Terms of Use may be effected without prior notice, and acknowledge and
agree that MW may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files or the
Services. Further, you agree that MW will not be liable to you or any third party for
any termination of your access to the Services.

10. Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in
connection with the Services and MW will have no liability or responsibility with
respect thereto. MW reserves the right, but has no obligation, to become involved in
any way with disputes between you and any other user of the Services.

11. Certificate

In order to receive a certification of the chosen Service’s completion, you need to
finish an entire online course and pass the final exam. In order to pass the final
exam, you need to acquire minimum 70% pass grade. The final exam might be taken
only three times per each user. If you fail the final exam all three times, you need to
apply for re-enrolment via support@mindworxacademy.com to retake the test.

12. General

These Terms of Use constitute the entire agreement between you and MW and
govern your use of the Service, superseding any prior agreements between you and
MW with respect to the Services. You also may be subject to additional terms and
conditions that may apply when you use affiliate or third party services, third party
content or third party software. These Terms of Use are governed by the laws of
Slovakia without regard to its conflict of law provisions. With respect to any disputes
or claims, you and MW agree to submit to the exclusive jurisdiction of the applicable
Slovak courts. The failure of MW to exercise or enforce any right or provision of these
Terms of Use will not constitute a waiver of such right or provision. If any provision of
these Terms of Use is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should give effect to the parties’ intentions
as reflected in the provision, and the other provisions of these Terms of Use shall
remain in full force and effect.
You may not assign these Terms of Use (including any rights and/or obligations
hereunder) without the prior written consent of MW, but MW may assign or transfer
these Terms of Use (including any rights and/or obligations hereunder), in whole or in
part, without restriction. The titles of clauses in these Terms of Use are for
convenience only and have no legal or contractual effect. Notices to you may be
made via either email or mail. Under no circumstances shall MW be held liable for
any delay or failure in performance resulting directly or indirectly from an event
beyond its reasonable control. MW may also provide notices to you of changes to
these Terms of Use or other matters by displaying notices or links to notices
generally on the Site.

13. Questions? Concerns? Suggestions?

Please contact us at support@mindworxacademy.com to report any violations of
these Terms of Use or to pose any questions regarding these Terms of Use or the
Services.