Общие условия сотрудничества с Business Booster Inc.

General Terms of Cooperation with Business Booster Inc.

Latest version dated 09/25/2024.

These General Terms of Cooperation (hereinafter referred to as "General Terms of Cooperation") are permanently located at: https://my.bbooster.online/terms_of_cooperation_bbi_2 and are an integral part of the Contracts concluded between Business Booster Inc. (651 N Broad St, Suite 201, Middletown, 19709, New Castle, Delaware, United States), registered as a legal entity under the laws of the State of Delaware, USA, hereinafter referred to as "Licensee", represented by CEO Oleksandr Vysotskyi, and any legally capable person (Client/Sublicensee).

The Sublicensee, accepting the terms and conditions of the Agreement also undertakes to comply with these General Terms of Cooperation Privacy Policy and provide its consent, Cookies Policy, Terms of Use.

1. Terms and definitions

In accordance with the following definitions:

1.1. The Sublicensee shall mean any natural person or legal entity that has expressed its intention to conclude the Contract on the terms and conditions specified therein by performing the actions defined in the Agreement. In case the payer under the Agreement is a legal entity, it shall identify a natural person (responsible person) who will fulfil the functions of the Sublicensee under the Agreement in exercising the rights and fulfilling the obligations under the Agreement. In this case, all actions of such natural person without exception shall be deemed to be performed at the will and in the interests of the respective person. In case of a change of the responsible person, the Sublicensee is obliged to notify the Licensee immediately. In case of failure to fulfil this obligation, the Sublicensee shall bear the risk of negative consequences.

1.2. Partyshall mean the Sublicensee or the Licensee, parties to the Agreement.

1.3. The Program Period shall mean the period paid for by the Sublicensee during which the Licensee renders the Services to the Sublicensee.

1.4. The Business Owner Programme shall mean is a programme for Business Owners, which includes training materials on business management and practical tasks with step-by-step instructions and templates that allow them to apply what they have learned in practice.

1.5. Team Academy shall means a programme for the Sublicensee's employees, which includes training courses on management tools.

1.6. MBA and Executive MBA shall be training programmes for managers of the Sublicensee's companies whose owners have graduated and/or are studying at the Business Owner Programme. It includes training on the use of management tools in practice.

1.8. Right holder shall mean a person by whose creative labour the object of intellectual rights is created and modified and on the basis of an agreement with whom the Licensee provides Access to the Platform. Right holder of the exclusive right to use the know-how transferred to the Sublicensee under the terms of the Agreement -Visotsky Consulting Inc. (368 9th Ave 6FL, New York, NY 10001), represented by Oleksandr Vysotskyi.

1.9. Services shall mean the services rendered by the Licensee under the Agreement, including provision of Access to the platform and additional services, training of the Sublicensee by the Licensee. The purpose of rendering services under the Agreement is a training of business owners in management tools.

1.10. Access shall mean an opportunity for the Sublicensee to view materials posted on the Platform (access is provided in the "as is" format); an opportunity to participate in training programmes and the Business Booster Board community.

1.11. BBPlatform Programme shall mean a software Product developed by the Licensee that provides automation of management systems for small and medium-sized businesses based on a web and mobile application.

1.12. Training Platform shall mean a platform with the use of which the Licensee renders training services - a part of a complex object of intellectual rights, a multimedia product, the exclusive right to which belongs to the Right Holder, available on the Internet at the address: https://my.bbooster.online. Platform consists of a set of data and commands presented in objective form, intended for functioning of computers and other computer devices in order to obtain a certain result, including a software shell for interactive (multimedia) interaction with the information contained in the programme and audiovisual displays generated by it.

1.13. Website shall mean an Internet resource consisting of a set of files and web pages that include information in the form of texts, graphic elements (including fonts, images, designs, photo and video materials), buttons and other results of intellectual activity contained in an information system that ensures the availability of such information on the Internet within, as a rule, the domain zone https://my.bbooster.online.

1.14. Personal Account shall mean a specialised section of the Platform, which is a set of pages protected by special security means, created with the help of special software as a result of the Sublicensee's registration on the Website. Access to the Personal Account and the information contained therein is provided by entering the Sublicensee's authentication data (login and password) in the fields provided for this purpose on the Platform. Legally significant actions performed in the Sublicensee's Personal Account are recognised as performed by the Sublicensee with his/her simple electronic signature, where the identifier and key of the electronic signature are his/her authentication data.

1.15. Business Owner Programme (hereinafter referred to as the Programme) shall mean the list and sequence of Courses recommended by the Licensee on the basis of the Sublicensee's business diagnostics. The composition and duration of the Programme is determined taking into account the duration of each Course.

1.16. Access Period shall mean a period during which the Sublicensee may use the Training Platform and BBPlatform Programme. The duration of the Access Period is equal to the number of paid months.

1.17. Course shall mean a part of the Programme consisting of a certain set of instructions, videos and practical recommendations united by a single topic. Access to each next Course is granted after the Sublicensee has completed the previous Course.

1.18. Materials shall mean the results of intellectual activity (works of science, audiovisual works, including video materials, tests, recommendations, text, graphic materials, software and any other materials), information and other materials, including those constituting the content of the Business Booster Technology.

1.19. The Platform Access Period shall mean the period during which the Sublicensee can use the Platform (without Support) after the end of the Program Period. The duration of the period of access to the Platform is equal to the period of the program completion (the number of paid months).

The duration of the period of access to the Platform for the Economy Tariff is 24 months from the date of granting technological Access to the Program materials.

1.20. Trade secret (know-how) shall mean information of any nature (production, technical, economic, organisational and other), which is collected by the Licensor and the Licensee in the course of entrepreneurial activity in the field of systematisation and improvement of business efficiency and which has actual or potential commercial value by virtue of their unknown to third parties, to which third parties do not have free access on a legal basis.

1.21. Business Booster Technology shall mean Production Secret (know-how) shall mean the technology including training in Business Booster management tools (hereinafter referred to as the Technology), which is a special product of intellectual activity belonging to the Rights Holder, and which is protected by copyright and US law, as well as the norms of international agreements.

1.22. Content shall mean all materials placed on the Learning Platform by the Rights Holder, the Licensee, as well as the Sublicensee and third parties (if they have such an opportunity), including (but not limited to) texts (messages, comments), graphic elements, images, designs, photo, audio and video materials, as well as other copyright objects placed on the Learning Platform.

1.23. Sublicensee's Representative shall mean a person specified by the Sublicensee and agreed by the Licensee as a direct recipient of the Services, which cannot be changed unilaterally; the Sublicensee's Representative must meet certain qualification requirements established by the Licensee; all actions of the Sublicensee's Representative are recognised as the Sublicensee's actions and do not require additional confirmation by the Sublicensee; the Sublicensee's Representative in relations with the Licensee fulfils the Sublicensee's obligations and exercises the Sublicensee's rights.

The data of the Sublicensee's representative for full Access are specified in the agreement. In case of change of E-mail, the Sublicensee shall notify the Licensee by sending a notice to the address specified during registration on the Website. The said changes come into force from the date of sending the notice by the Sublicensee.

1.24. Authorised e-mail address shall mean e-mail of the parties specified in the agreement.

2. Rights and obligations of the parties

2.1 The Licensee shall:

2.1.1 Provide support to the Sublicensee, provide access to the Services and other services according to the selected Tariff, provide the Sublicensee with remote Access to the relevant part of the Learning Platform through the information and communication network ‘Internet’ and organize the provision of relevant training for the Sublicensee.

2.1.2 In case of the lack of Access to the Learning Platform due to technical failures of the Website, the Licensee shall be obliged to eliminate the failures by its own efforts and at its own expense within the shortest possible period of time.

2.1.3 During the Period of the Sublicensee's Access, the Licensee shall provide information support to the Sublicensee regarding the provision of the Services and operation of the Learning Platform on working days from 10:00 to 19:00 UTC +3. All support questions shall be sent by the Sublicensee to the Licensee's authorised e-mail address. The Licensee has the right to change the form and content of the support.

2.2 The Licensee shall have the right:

2.2.1 Engage third parties for fulfilment of the Agreement without agreement with the Sublicensee, remaining responsible for the actions of such persons as his own.

2.2.2 Request from the Sublicensee all necessary information and documents for proper fulfilment of obligations under the Agreement.

2.2.3 The Licensee has the right to change the cost of Services. The Licensee shall notify the Sublicensee about the forthcoming change of the cost through the Personal Account on the Learning Platform. The Parties have agreed that if the Sublicensee pays for the first and the last month of access, the participation fee remains unchanged for the Sublicensee for a year from the date of the first payment. In case the Sublicensee pays in advance for future months, the cost of Services for the Sublicensee remains unchanged during the paid months.

2.2.4 Suspend operation of the Learning Platform for necessary scheduled preventive and repair works on the Licensee's technical resources with placement of a corresponding notice on the Platform.

2.2.5. Prevent unauthorised use of the Learning Platform or the provided Services and suspend the Access, including to the Learning Platform in case of violation of the Agreement by the Sublicensee or in case of failure of the Sublicensee to provide the Licensee or its designated persons with all necessary information, or provision of incomplete information required for provision of the Services in accordance with the legislation in force in the Licensee's registration territory or with the requirements of the owner of the Learning Platform, or in case of provision by the Sublicensee of knowingly and intentionally incomplete information.

2.2.6. to change / supplement the content of the Programmes, the schedule of placing Courses on the Learning Platform and the terms of opening Access to the Courses, as well as to replace experts and other persons providing the services. Information about such changes is available to the Sublicensee in the Personal Account.

2.2.7 Refuse to provide the Services (all or part of the Services) to a particular Sublicensee or a third party specified by the Sublicensee without any explanations.

2.2.8. restrict (block) Access to the Personal Account in case of suspicion of unauthorised access to it by third parties (under unauthorised access the Parties understand access of any third parties regardless of how they became aware of registration data (login and password) at the discretion and will of the Sublicensee or against his will). In this case, the blocking is carried out until the reason for the blocking is eliminated. In this case the blocking period is not excluded from the period of rendering the Services.

2.2.9 If specialised chat rooms in messengers or other channels of information dissemination or exchange are organised for mastering the materials or training on them, the Licensee has the right (at its discretion) to additionally provide the Sublicensee's Representative with the possibility of Access to such channels. Such Access shall be subject to all rules relating to the Licensee's Services, and the use of the channels shall be subject to the rules relating to the use of the Learning Platform.

2.2.10. To hold offline events for the Sublicensee, whereby the Licensee has the right to postpone the date of the forthcoming offline event with obligatory advance notice to the Sublicensee; in case of violation by the Sublicensee of the terms and conditions of the Agreement or these General Terms of Cooperation to prevent the Sublicensee from participating in the offline event.

2.3 The Sublicensee is obliged:

2.3.1 Timely and fully pay the cost of Licensee's Services.

2.3.2 Timely provide complete and accurate information when registering in the Personal Account on the Website, as well as when filling out other forms and questionnaires of the Licensee, keep this information up to date.

2.3.3 Ensure confidentiality of the login and password from the Personal Account on the Platform, not to disclose the Login and password to any third parties. If the Sublicensee fails to fulfil this obligation, the Sublicensee shall bear the risk of negative consequences, including those stipulated in clause 2.2.8 of this Section.

2.3.4 Observe ethical norms of behaviour when receiving the Services, in particular, do not publish messages in the general chat rooms that do not relate to the subject matter of the materials, do not allow disrespectful statements and insults to other Licensee's Sublicensees, Licensee's employees and Licensee itself, the Rights Holder and their partners in any form in any sources.

2.3.5 Maintain a good reputation and high image of the Licensee, the Rights Holder and their partners, as well as other users of the Platform.

2.3.6. Not to disclose the Rightholder's Production Secret (know-how) and other confidential information received from the Licensee. For the purposes of this clause, the parties define "disclosure" as the following: to transfer to third parties and/or publicly display audio, video, text Materials or provide Access to the Services or the Learning Platform.

2.3.7. Providing information to the persons specified in clause 1.20 of the General Terms of Cooperation and to the Sublicensee's authorised employees, if it is directly provided for by the Technology, shall not be disclosed.

2.3.8. Use the Technology received as part of the training in accordance with the terms and conditions of the Agreement.

2.3.9. To undergo training in the order specified in each constituent Course.

2.3.10. In case of any claims of the Sublicensee within the framework of cooperation under the Agreement to send the relevant claims in writing exclusively to the Licensee, without disclosing the relevant information to any third parties.

2.3.11. Not to carry out business activities aimed at providing consultations in any form to third parties using the materials posted on the Learning Platform, as well as other materials received from the Licensee, during the term of validity of the Agreement and within 10 (ten) years after its termination. In addition, the Sublicensee agrees not to compete with the Licensee, i.e. not to provide services similar to those provided by the Licensee to any third parties, during the term of the Agreement, as well as within 5 years after its termination (fulfilment).

2.3.12. Complete the training, in the order and at the times specified in each constituent Module.

2.4 The Sublicensee shall have the right:

2.4.1 Pay for the Services both at its own expense and at the expense of attracted funds. In this case the Licensee shall not be liable for the terms and conditions of the funds provision and their return, and shall not become indebted to the person from whom the funds were attracted.

2.4.2 The Sublicensee has the right to postpone the start of access for no more than 90 calendar days. postpone the start of Access In case of a postponed start, the period of provision of Access shall be calculated from the date of the Sublicensee's notification to the Licensee of readiness to receive the Services.

2.4.3. Refuse the Services specified in Clause 2.1. of the Agreement, when using a delayed start, in which the date of provision of the Access Services shall be calculated from the date of notification by the Sublicensee of the Licensee’s readiness to receive the Services, but not later than 90 days from the date of the Agreement. Upon expiration of the specified 90 days, Technological Access shall be provided on the terms set forth in Clause 5.2 of the Agreement.

2.5 The Sublicensee has no right to:

2.5.1. Bypass the technical restrictions set on the Site, the Learning Platform and the Personal Account.

2.5.2. Decompile or disassemble the Site, Learning Platform, Personal Account, Materials, Intellectual Property.

2.5.3. Create copies of the Site, Learning Platform, Materials, Intellectual Property, as well as copy their appearance (design).

2.5.4. Download video materials posted on the Learning Platform and in the Personal Account.

2.5.5. Distribute unreliable, defamatory or damaging to the business reputation of the Rights Holder and the Licensee information about the Rights Holder and (or) the Licensee and/or the Technology by any means, including, without limitation, through the Internet, social networks, through any kind of mailings.

3. Procedure of service providing and rules of Access providing

3.1 The Licensee shall provide the Sublicensee with Access only after all the following actions have been performed in the sequence set by the Licensee:

3.1.1. Registration of the Sublicensee on the Website;

3.1.2. Payment of the cost of Services in accordance with the procedure stipulated in Section 3 of the License Agreement;

3.1.3. Filling in the questionnaire provided by the Licensee.

In this case, the Licensee may refuse to provide the Services to the Sublicensee at any time prior to the provision of the Access without giving any reasons and return the funds paid for the Services to the Sublicensee on the terms and conditions of the Agreement.

3.2 The Licensee informs the Sublicensee about the provision of Access to the Learning Platform by sending the Access link to the Sublicensee email specified in the Agreement.

3.3 The Licensee may unilaterally change the content of the Programmes by increasing or changing the services, activities or the amount of information in the Programme (including by changing the number of Courses). In this case, the Licensee proceeds from the maximum efficiency of the study of the relevant field of knowledge and application of the obtained data by the Client. The Client confirms that regardless of the amount of information and the structure of the Programme, the Licensee, having provided Access, has provided the Services properly.

3.4 By concluding the Agreement, the Sublicensee confirms its consent to the fact that in case the Sublicensee fails to fulfil its obligations when receiving the Services (to perform the actions defined by the Licensee or the owner of the Learning Platform within the framework of the Services, to receive the results specified by the Licensee, to provide the Licensee with correct information about its actions and other specified in the Agreement and these General Terms of Cooperation), the Licensee has the right to unilaterally refuse to provide the Services at any time in accordance with the procedure provided for in the Agreement and these General Terms of Cooperation.

3.5 The Sublicensee is fully responsible for the actions of his Representative, which he performs during the validity of the Agreement, when receiving the Services and implementing the results of rendering the Services - as for his own actions.

3.6 Within the framework of rendering the Services and cooperation under the Agreement, as well as after its termination, the Parties agree to respect each other and maintain a good image, strengthen good reputation of each other, solve all arising issues exclusively by means of negotiations, disseminate exclusively positive information about each other, employees and partners of each other both in the public space and before any third parties.

3.7 Access is granted in stages on a monthly basis - in accordance with the paid fee. If the Sublicensee fails to fulfil the payment obligation, the Licensee shall terminate the Access.

3.8 By mutual agreement, the parties may periodically sign acts of rendered services. In the absence of a signed act, the fact of rendering services by the Licensee and their receipt by the Sublicensee shall be confirmed by the actually provided Access to the Learning Platform, as well as the actually provided services. In connection with the above, as well as taking into account the fact that each Course of the training programme has an independent value, the Parties agreed that in case of any claims or comments, the Sublicensee is obliged to send them to the Licensee at the address specified in the Agreement or on the Website no later than within 10 calendar days from the date of completion of training on the relevant Course. The Parties have agreed that in the absence of a claim within the specified period of time, the services for the relevant period are considered to be received by the Sublicensee in full, accepted without comments, in connection with which the funds paid for the relevant period are not subject to refund.

3.9 In case of online meetings, the method of communication with the Recipient of the Services shall be chosen by the Licensee.

3.10. Remote support within the framework of the Services shall be provided by the Licensee remotely using telephone or electronic means of communication at the Licensee's choice (including Zoom, Skype, email and others).

3.11. The Licensee's obligations shall be considered fully fulfilled from the moment of providing the Sublicensee with Access to the Services.

3.12. The Parties have agreed that in case of early termination of this Agreement at the initiative of the Sublicensee, not related to improper performance of obligations by the Licensee, the amount in the amount of the difference between the money actually paid by the Sublicensee in payment for the Licensee's Services and the cost of services actually rendered by the Licensee shall be recognised as compensation of the Licensee's expenses for the organisation of conclusion and execution of this Agreement and shall not be returned to the Sublicensee. The Licensee's direct expenses are compensated within the specified amount (including expenses for: attracting the Sublicensee, organising access to the Platform, ensuring operability of the Platform and the Sublicensee's Personal Account, preparing and providing information, organising and providing training for the Sublicensee; preparing online and offline events within the framework of the Services, taking into account a predetermined number of participants, including the Sublicensee, and others). Considering the provisions of Clause 3.6 of License Agreement, the Parties have agreed that no refunds shall be made under any circumstances for the periods for which the services have been received in full and accepted by the Sublicensee without comments.

3.13. The Services are provided under the terms and conditions of the Agreement with performance on demand, which means that the Sublicensee is obliged to pay and has the right to demand performance within the framework of the paid Programme. At the same time, the absence of the performance requirement (provision of Services) or non-use of materials on the Platform shall not be the basis for refunding the funds paid by the Sublicensee, except for the cases separately specified in the Agreement or General Terms of Cooperation. At the same time, the amount of actually received Services (access to which was used by the Sublicensee during the period of provision of the Access Services) is irrelevant for the fact of provision or non-provision of the Services - they are in any case considered to be duly provided upon expiry of the relevant Service Period.

3.14. All data contained in the materials of the Programm are practical, applicable and can significantly improve the organization and efficiency of the Sublicensee's business.

4. Copyrights

4.1 The Services composition, the Learning Platform, including its parts, as well as all materials, the Access to which is provided by the Licensee to the Sublicensee, are the result of intellectual activity of the Rights Holder.

4.2 Exclusive copyright (including the rights to derivative works), including the rights related to the copyright belongs to the Rights Holder, or the Rights Holder has obtained all necessary rights and authorisations for the use of the relevant materials. All materials, access to which is provided by the Licensee to the Sublicensee in the process of rendering the Services, are intended for the Sublicensee's personal use only. The Sublicensee may not copy, publicly quote, distribute in any way or otherwise make public the said materials either in full or in part without obtaining the prior written consent of the Rights Holder (through the Licensee).

4.3 The Content (both in whole and in part) posted on the Learning Platform and the Website may not be copied, published, reproduced, revised, distributed, sold or otherwise disseminated in part or in full without the prior written consent of the Rights Holder (through the Licensee).

4.4 The Sublicensee has the right to use the Learning Platform, its content and components (both as a whole and in fragments) and other technical solutions developed by the Rightholder within the framework of the provided functionality and interactive interaction with the available information for the entire period of Access to the Learning Platform in accordance with the Agreement, as well as in accordance with the rules established by the legislation in force in the Licensee's registration territory and international agreements.

4.5 The Sublicensee Access to the Services; to the Learning Platform, its content and components (both as a whole and its parts) and other technical solutions developed by the Rightholder does not mean the transfer (alienation) to the Sublicensee and/or any third party of the rights to the results of intellectual activity, both as a whole and in part.

4.6 Upon gaining Access to the Learning Platform and during its use, the Sublicensee shall:

4.6.1 Refrain from any actions that violate the rights of the Rights Holder and third parties to the results of intellectual activity, in particular, not to copy, record, reproduce, distribute any results of intellectual activity of the Rights Holder without the written permission of the latter;

4.6.2 Immediately notify the Licensee of any facts of violation of the Rightholder's exclusive rights that have become known;

4.6.3 Use authentication data (login and password) personally and do not provide data for Access to the Personal Account on the Learning Platform to third parties. In case of loss, as well as in cases of unlawful access to the login and password by third parties, the Sublicensee undertakes to immediately notify the Licensee by sending a notice to the Licensee's authorised e-mail address. Until the Licensee receives this notification, all actions performed using the Sublicensee Personal Account are considered to be performed by the Sublicensee.

4.7 After receiving Access to the Learning Platform, during its use and indefinitely after the end of such use, the Sublicensee undertakes not to use the information and materials placed on the Learning Platform to create similar products for commercial use in any form or shape.

5. Confidentiality

5.1 Confidential information includes any information that is not published in the public domain and is not available to the public, including: related to the process of rendering the Services by the Licensee and to the use of the Learning Platform (as well as the channels of information dissemination or information exchange), as well as all information posted on the Learning Platform, any information received by the Licensee or the Licensee's representative from the Sublicensee. The Parties undertake not to disclose confidential information and other data provided by the other Party in the course of rendering the Services (except for publicly available information) to third parties without prior written consent of the Licensee.

5.2 Within the framework of rendering the Services, the Sublicensee may be provided with Access to the software of third-party right holders, including internal information systems, Websites (hereinafter referred to as the Software) via the Learning Platform. In such case the Sublicensee may not perform any actions with the Software except for those necessary to study the Course materials and related materials. The term of granting the right to use such Software is limited by the term of rendering the Services (providing Access) for studying the materials of a particular Course. The Sublicensee is obliged to keep the confidentiality of information regarding the Software and is not entitled to disclose it without the consent of the right holder of such Software. If at the same time any Software is created or reworked, the Sublicensee transfers the exclusive right to the reworked Software or created Software free of charge to the person who provided Access to the Software from the moment of creation or rework, unless otherwise specifically agreed by the Parties".

6. Disputes Resolution

6.1 All disputes and disagreements that may arise in connection with the Agreement shall be resolved by the Parties through negotiations and consultations, if possible.

6.2 If the dispute cannot be resolved through negotiations or if the Parties fail to reach an agreement on the disputed issue within 30 (Thirty) business days, it shall be considered in the court of the State of Delaware, USA.

6.3 The applicable law to the relations of the Parties under the Agreement and General Terms of Cooperation shall be the law of the State of Delaware, USA.

6.4 Waiver of class and collective actions. Sublicensee and Licensee agree to submit any dispute to arbitration under this Section 6 of the General Terms of Cooperation only on an individual basis and not on a class or collective action basis. Accordingly:

а. The parties agree that there is no basis for the initiation, adjudication or arbitration of any dispute on a class or collective action basis. A collective or class action waiver shall not be severable from this Arbitration Agreement in any case where:

(i) the dispute is being arbitrated on the basis of a class or collective action; and

(ii) there is a final determination that the waiver of the collective action is invalid, unenforceable, unconscionable, bad faith, incompetent or illegal. In such cases, the class action must be litigated in a civil court of competent jurisdiction.

b. No waiver of a class or collective action may be severed from this Arbitration Agreement in any case where:

(i) the dispute is being litigated on the basis of a class action; and

(ii) there is a final determination that the dismissal of the class action is invalid, unenforceable, unconscionable, bad faith, incompetent or unlawful. In such cases, the class action must be litigated in a civil court of competent jurisdiction.

c. Licensee may lawfully enforce this Arbitration Agreement and the waiver of class actions and class actions, and request dismissal of such class or collective actions brought against Licensee by Client or third parties. Notwithstanding any other clause contained in this Arbitration Agreement, any claim that a class action waiver or class action waiver, in whole or in part, is unenforceable, invalid, void, voidable or disputed shall be heard only by a court of competent jurisdiction and not by an arbitrator. A class action waiver and class action waiver must be severed in any case where the dispute is brought as an individual action, and such severance is necessary to ensure that the individual action is submitted to arbitration.

7. Liability of the Parties

7.1 The Parties shall be liable for failure to fulfil or improper fulfilment of their obligations under the Agreement in accordance with the legislation in force in the territory of the State of Delaware, USA.

7.2 The Licensee shall not be liable for the Sublicensee inability to use the Access to the Learning Platform and/or information distribution or exchange channels for reasons beyond the Licensee's control, such as the quality of the Internet connection, Internet limitations, availability and functioning of the Sublicensee equipment and software.

7.3 If the Sublicensee fails to fulfil the obligation stipulated in Section 8 of the General Terms of Cooperation, as well as if the Licensee reveals the fact of third party access to the content of the Services, the Programme, the Sublicensee shall pay a fine in the amount of one multiple of the cost of the Services under the Agreement for each case of violation.

7.4 If the Sublicensee violates the terms and conditions of the Agreement, the Licensee has the right to terminate the Sublicensee access to the Personal Account, as well as block the Sublicensee Access to the Services and to the Learning Platform or a specific Course.

7.5 The Learning Platform and its software tools, including the Personal Account, are provided "as is". The Licensee shall not be liable for any possible damage resulting from:

7.5.1. malfunctions of the Learning Platform and (or) other software caused by code errors, computer viruses and other extraneous code fragments in the software;

7.5.2. Absence (impossibility to establish, terminate, etc.) of Internet connections;

7.5.3. Establishment of state regulation (or regulation by other organisations) of business activities of commercial organisations in the Internet and/or establishment by the said entities of one-time restrictions that complicate or make it impossible to perform the Agreement;

7.5.4 Other cases related to actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment;

7.5.5. Use (inability to use) and any consequences of the Sublicensee's use (inability to use) of the form of payment for the Services under the Agreement.

7.6 No information, Access to which is provided by the Licensee as part of the provision of the Services under the Agreement, and/or feedback, can be regarded as guarantees. Decision-making on the basis of all information received by the Sublicensee is the sole responsibility of the Sublicensee. The Sublicensee assumes full responsibility for decisions, actions/inactions and risks associated with the use of information and materials, Access to which is provided by the Licensee within the framework of fulfilment of its obligations under the Agreement.

7.7 In case of unlawful use of the Licensee's and third parties' intellectual property, violation of clause 2.5 of the General Terms of Cooperation, the Sublicensee shall pay to each person whose rights have been violated a fine in the amount of one times the cost of the Services under the Agreement for each case of violation, and in addition to the fine shall compensate the Licensee for all losses caused by such violation.

7.8 The Parties have the right, but not the obligation, to be held liable under the Agreement.

8. Content and comments

8.1. In case the Sublicensee discovers any information on the Website, including Content, violating his/her legal rights and interests, the Sublicensee has the right to apply with a corresponding statement exclusively to the Licensee by sending a message to the Licensee's authorised e-mail address. In the application it is necessary to state the essence of the violated rights and interests, indicating the relevant information, attach documents confirming the legitimacy of the claims, provide details, including passport and contact information, provide consent to the processing of personal data in connection with the sending of such application.

8.2 The Sublicensee through the Website and Personal Account, as well as in other profile channels of information distribution and exchange, including messengers, has the opportunity to post information and comments in special sections of the Website, subject to the following:

8.2.1 Such information shall correspond to the subject matter of the Website. The Licensee at its own discretion determines the compliance of such information with the subject matter of the Site and has the right to remove such information if it does not meet this criterion.

8.2.2 It is prohibited to place any links to other Internet sites without the Licensee's consent. The Licensee has the right to remove such information posted by the Sublicensee.

8.2.3 It is prohibited to place information that violates the rights and legitimate interests of third parties, including intellectual rights, as well as information that:

8.2.3.1. contains threats, discredits, insults, contains foul language, defames honour and dignity or business reputation, or violates the privacy of the Website users, third parties, the Licensee, the Rightholder and their partners;

8.2.3.2. violates the rights of minors;

8.2.3.3. is vulgar or obscene, contains obscene language, contains pornographic images and texts or scenes of sexual nature involving minors;

8.2.3.4. Contains scenes of violence or inhuman treatment of animals;

8.2.3.5. Contains a description of means and methods of suicide, any incitement to commit suicide;

8.2.3.6. Propagates and/or promotes incitement of racial, religious, ethnic, social hatred or enmity, propagates fascism or ideology of racial superiority;

8.2.3.7. Contains extremist materials;

8.2.3.8. Propagandises criminal activity or contains advice, instructions or guidelines for committing criminal acts;

8.2.3.9. Contains restricted information, including but not limited to state and commercial secrets, information about the private life of third parties;

8.2.3.10. Contains advertising or describes the attractiveness of using narcotic substances;

8.2.3.11. Is fraudulent in nature;

8.2.3.12. Contains intrusive means of attracting attention to its publication, including (but not limited to) headings in capital letters, multiple punctuation marks, non-standard font, etc.;

8.2.3.13. Violates other rights and interests of citizens and legal entities or requirements of the legislation of the countries of registration of the parties to the agreement or international law.

8.2.4. It is prohibited to place advertising information without agreement with the Licensee.

8.3. The Licensee has the right to edit or delete any information posted by the Sublicensee on the Website or other profile channels of distribution and exchange of information, including messengers, in order to ensure compliance with the laws of the countries of registration of the parties to the agreement or international law, the Agreement, to prevent the violation of its rights and/or the rights of third parties.

8.4. It is not allowed to use the Website and other profile channels of distribution and exchange of information, including messengers:

8.4.1. For the purpose of mass distribution of information (including spam mailings), as well as downloading, storing, publishing, distributing, or providing access to third parties to any software that allows to make changes to the normal functioning of the Site, Learning Platform, information distribution channels within the framework of rendering the Services;

8.4.2. To carry out by the Sublicensee any business activity or any activity aimed at generating income, except as expressly stated in the Agreement, General Terms of Cooperation or other agreements between the Licensee and the Sublicensee, or in unilateral documents and rules of the Licensee, the terms of which relate to the Sublicensee, cooperation in accordance with the terms of the Agreement, Access to the Services and which the Sublicensee undertakes to comply with.

9. Amendment of the terms and conditions of the Agreement, General Terms of Cooperation and replacement of the parties involved

9.1. The Licensee reserves the unilateral and discretionary right to change the terms and conditions of the Agreement and the General Terms of Cooperation. Such amendments shall enter into force upon publication of a new version of the General Terms of Cooperation on the Website. The previous version of the General Terms of Cooperation shall remain in force for both Parties, without any changes regarding payment for services already rendered. The new provisions of the General Terms of Cooperation shall be retroactive and, upon mutual agreement of the Parties, shall apply to the entire term of cooperation under the Agreement and the General Terms of Cooperation from the moment of its commencement. Therefore, the Sublicensee is obliged to independently monitor all changes to the General Terms of Cooperation on the Website.

9.2. By using the Learning Platform or making any payments to the Licensee after the publication of a new version of the General Terms of Cooperation, the Sublicensee explicitly agrees to the terms and conditions of the updated General Terms of Cooperation. In case of disagreement with the revised terms and conditions, the Sublicensee is obliged to stop using the Platform, notify the Licensee via an authorised email address, refrain from paying for the services and refrain from using them.

9.3. The Sublicensee has the right to transfer its rights and obligations to a third party. Such transfer is allowed only after receiving the Licensee's written consent and executing a separate agreement between the Parties.

9.4. The Licensee reserves the right to assign rights and transfer obligations, including the involvement of subLicensees, related to all obligations arising from the relationship between the Parties. The Sublicensee hereby consents to the assignment of rights and transfer of obligations to any third party. The Licensee undertakes to notify the Sublicensee of such assignment and/or transfer by placing relevant information in the Personal Account and/or on the Website.

9.5. Upon a separate agreement of the Parties and for a separate remuneration determined by the Licensee, third parties assisting and supporting the Sublicensee in applying the results of the Services may receive separate Services. The Licensee reserves the right to refuse to authorise the Sublicensee to provide the Services to third parties. If authorisation to provide Services to such third parties is granted, they shall be deemed equivalent to the Sublicensee in terms of the Services received. The Sublicensee assumes full responsibility for the actions of these third parties as if they were its own.

10. Final Terms

10.1. In all matters not expressly agreed in the Agreement or the General Terms of Cooperation, the Parties shall be subject to the laws of the country in which the Licensee is registered.

10.2. If a court declares any provision of the Agreement and the General Terms of Cooperation invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining provisions of the Agreement and the General Terms of Cooperation.

10.3. Notwithstanding the foregoing, the Licensee shall be exempt from liability for breach of the terms and conditions of the Agreement or these General Terms of Cooperation if such breach is the result of force majeure, including but not limited to: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, power outages and/or computer network failures, strikes, civil unrest, riots, pandemics and epidemics, as well as restrictive measures introduced by the Licensee. In such cases, the Licensee shall not be liable for breach of the terms and conditions of the Agreement or these General Terms of Cooperation.

10.4. The Licensee reserves the right to amend and supplement the terms and conditions of these General Terms of Cooperation at any time.

11. List of Services and content

11.1. The Licensee, if provided for by the Tariff, assists the latter in passing through the Corces, including providing Services for checking homework.

11.2. The programme and composition of the Business Booster Programme at the Economy tariff are defined in Schedule No. 1 to these General Terms and Conditions of Cooperation.

Schedule № 1

Program and composition of the Business Booster Program at the "Economy" tariff

1. How to complete the Business Booster Program

Help you set up everything you need to successfully learn and complete the program.

2. Effective training

You will receive effective training technology that will allow you to get maximum results from the program.

3. Personal efficiency and planning

As preparation for learning and systematizing your business, you will need to get your affairs in order and increase your own organization with the elementary basics of time management.

4. Business Intent

Learn what the "ideological foundations of business" are, why they are needed, what problems they solve. As a result, you will create the ideological foundations for your company - the foundation on which your business will stand firmly.

5. Agreement with co-owners

For those who have partners in the business or who plan to introduce partners into the business. It describes the functions of an owner, the laws of leadership, the issue of agreement among co-owners as to who is in charge and what the role of each owner is. You will gain the necessary knowledge and an effective business co-owner agreement template that you can customize and sign with partners.

6. The valuable end product of the company

You will learn the concept of DPC and be able to articulate the core value that the entire company creates and each business unit must create and maintain that value.

7. Developing an organizing scheme

You will understand how an organizing chart works, what problems it solves and how to use it in your daily activities. Finally, you will learn how to create your own organizing chart that will be the basis for the structure in your company.

8. Preparing to implement an organizing scheme

You will learn the technology of placement, as well as how to correctly combine functions, how to determine why some employees are overloaded, and others are working at half strength.

9. Preparing to delegate key functions

This is where you begin to implement an organizing scheme. To do this, you will learn how to develop a procedure for using the organizing chart and conduct an orientation session on the organizing chart, and agree on a plan for delegating functions with all employees involved in the plan.

10. Delegation

This part of the Technique is structured so that you learn to delegate some of your responsibility for operational functions to the specific managers who will now be responsible for them. And if future branch managers are now overloaded with other tasks, in order to take responsibility for the branches, they will delegate some of the functions that are no longer in their area of responsibility.

You'll learn how to describe delegated work so that employees do it effectively without your involvement. Learn how to delegate work correctly so that it is done in the right quality and quantity.

11. Hiring and onboarding

Hiring technology training is especially needed when there is no one in the company's existing team who is ready to take responsibility for one of the organization's key functions. Then that person needs to be found and inducted.

You will be able to build or significantly improve the company's hiring system.

12. Implementation of the statistics system

This part of the program is devoted to the development of advanced company statistics that reflect the real situation in your business.

You will learn how to develop and implement statistics for all departments of your company and organize their maintenance by subordinates. You will have a handbook of statistics and you will learn how to instruct your subordinates how to keep them correctly. You will be able to see the result of each employee's work and all business indicators "in figures" at any time.

13. Operational planning

Normal operations are when statistics are constantly growing. This growth is ensured by plans that contain the right actions. You will understand how to use plans to lead to the growth of statistics, how to actively influence the company's activities. How to build a system of operational planning.

Each employee will begin to prescribe a clear course of action that will lead them to fulfill their personal plan and achieve company goals. Managers will see the priorities of each employee, will be able to adjust them. All employees' plans will be under control, no tasks will have to be kept in their heads. Your employees and managers will start making weekly plans, coordinating them along team lines and reporting back with concrete results of their work.

14. Written Communication System

The unit focuses on learning and answering the questions: What is a written communication system and what does it consist of. What problems exist in written communication that have become the norm for modern business. Why a written communication system should be implemented before a system of agendas and meetings, and what needs to be done to implement it.

15. Plan and meeting system

The system of meetings will save your company from conflicts between departments and help to organize effective teamwork.

You will learn what coordination is, what types of coordination are needed and who conducts them, according to what regulations, what tasks they solve, and how much time they should take. What is the role of coordination in the management of the company. How not to waste time on empty conversations and make coordinations effective.

You set up smooth interaction within the company, all the actions of employees and departments are coordinated and aimed at a common result.

16. Financial Planning Implementation

Learn financial planning so you can get your finance department in order, understand how to manage finances efficiently and easily, and implement a system of owner control over finances.

This module is designed to support the overall management system. Your employees will become even more interested in increasing profits and reducing costs than you are. There will be monetary accountability. You will adopt an investment approach to expenses and start investing money in the things that bring the highest return.

17. Sales

After learning the basic management tools, we pump up marketing and sales in the company. Regardless of what level your sales department is at, you will receive data on how to pump it up and increase its effectiveness.

You'll get the technology to increase sales conversions. You'll get better control over your sales technology. You'll get an accurate description of what the ideal sales leader should be.

You will learn how to supervise a sales leader. If you don't have a sales team, we'll give you effective technology on how to start one. Learn how to hire salespeople effectively.

18. Marketing

We will give you the technology for marketing packaging. If your product is poorly packaged, we will give you a step-by-step tutorial on how to package one of your products.

You will choose one product or basic service, and you will have a marketing package of your product: the main meanings and target audience.

You will be able to pass this on to contractors who will be able to work with your product more effectively.

19. Business Booster Platform software tool

Access to Business Booster Platform:

• access to the full functionality of Business Booster Platform - 3 free licenses for the Sublicensee;
• one Business Booster Platform license provides access for 1 (one) Sublicensee's user to the full functionality of the Business Booster Platform software tool;
• the period of free access to Business Booster Platform is for the duration of the Program. After completion of the Program, the cost of access is four (4) US dollars per month for 1 license.