for legal entities

Publication date: 27/09/2023

THESE TERMS OF USE ARE APPLICABLE IN ADDITION TO AND ON THE BASIS OF THE GENERAL TERMS OF USE, LOCATED AT THE FOLLOWING LINK: https://gopractice.io/legal/agreement/

PROGRAM
Data-driven Product Management Simulator

These Terms of Use (in this document – the «Terms») govern your use of the Platform and the Program https://gopractice.io/course/pm/ by Website https://gopractice.io/  owned or operated by GoPractice Inc, incorporated and registered in United States of America, (company number SR 20192471017, address: 2261 Market Street #4830 San Francisco, CA 94114) , including the Programs by the Platform, related educational applications, interactive features, and resources offered by Company on the Website and Platform – as well as your participation in the educational programs offered through the Service.

The terms and conditions under which a person may participate in the Program and use the Website, the Platform and contents are set forth below and in the Privacy Policy and, if applicable, Standard Contractual clauses (Appendix 1, only for EU-members). All such terms and conditions are collectively referred to as the «Terms». By using Website or Platform, you (hereinafter «You» ) agree to be bound by these Terms. The Company presumes that you are an authorized representative of a legal entity. If You do not agree to be bound by these Terms, You must not participate in the Programor use the Website and the Platform in any way possible.

For the purposes of these Terms the direct Program participant, platform user who receives services on the basis of Your payment are referred to as Participant.

The Company reserves the right to change or modify these Terms at any time and based upon its sole discretion. If the Company makes changes to these Terms, a respective notice of such changes shall be provided, or the «Publication date» date at the top of these Terms shall be changed.

  1. SERVICES AND PRINCIPLES
    1. Services. The Company agrees to provide Participants with the access to the materials of the Programs through the Platform and manage technical support for the Program.
      Upon completion of the Program, a certificate indicating the final results will be issued to the Participant.
    2. You and all Participants understand and acknowledge the following:
      • THE PROGRAM IS NOT ACCREDITED. The Company is not an accredited institution and we do not confer formal degrees. The Certificate is not a formal degree.
      • THE PROGRAM IS NOT AN EDUCATIONAL PROGRAM.
      • PARTICIPANT WILL NOT RECEIVE ACADEMIC CREDIT FOR THE COMPLETION OF A PROGRAM. The Certificate will not entitle the Participant to academic credit recognized by any other institution, college or university.
      • COMPLETION OF THE PROGRAM IS NOT A GUARANTEE OF FUTURE EMPLOYMENT OR ADVANCEMENT. We do not and cannot make any representations and warranties regarding Participant future employment or advancement.
      • «YOUR WORK MUST BE YOUR OWN». The work Participant performs and submits (e.g., homework assignments, quizzes, exams, and any other projects will be Participant own work (except if Participant is permitted to work with others in groups).
      • PARTICIPANT CANNOT TAKE THE SPECIFIC PROGRAM TWICE.
      • THE COMPANY PROVIDES THE SERVICES WITH REASONABLE CARE, SKILL AND WORKMANSHIP IN ACCORDANCE WITH THE HIGHEST INDUSTRY STANDARDS. The Company will at all times comply with all applicable laws and regulatory requirements when performing Company’s obligations under the Terms, as well as with any authorizations, permits, registrations and approvals that may be required by the competent authorities in order to provide the Services.
    3. Acceptance. The moment of complete and unconditional acceptance by the Participant of the Company’s proposal to conclude an agreement under these Terms (acceptance of the offer) is the fact of registration on the Website or payment by the Participant for the Services.
    4. Non-commercial use. The Participant acknowledgement of the Program, the Participant use of the Platforms and Contents viewed through the Website, is solely for the Participant personal and non-commercial use. 
    5. Prohibition. The Company reserves the right, at its sole discretion, to decline registration of any Participant for the Program and further reserves the right to prohibit any Participant who breaches these Terms.
    6. Information and consulting services. The Company, regardless of the selected tariff, provides remote consulting support to the Licensee regarding the License, rights and obligations of the parties to these Terms on the basis of your or Participant requests on the following conditions:
      • Advisory support is provided between 10 a.m. and 6 p.m. (UTC+3:00) time on business days;
      • The cost of the consulting support is included in the corresponding license fee. For consulting support, You or Participant may contact the Company by email at contacts@gopractice.io.
    7. Result of Program Completion. When the Participant fully completes the Program, regardless of the chosen tariff, the Company provides Participant with the digital name certificate indicating the percentage of correct answers.
  2. USAGE ORDER 
    1. Registration Using Email and creation of Personal profile. You and Participants obtain access to the use of Services by registration of Participants using their Email under the General Terms of Use.
    2. Login credentials confidential. Each Participant, as well as You, must keep his/her account credentials confidential and not share them with anyone else. The Participant will promptly notify the Company if they become aware of any compromise to their account credentials. 
    3. Tampering with or Illegal Use of Contents, Platform or Website. The Participant is not allowed to tamper with or manipulate Contents of the Program, the Platform or the Website, or otherwise damage this Website. If the Participant violates these Terms or General Terms of Use, You are responsible for their actions until proven guilty.
    4. Suspension. The Company may suspend Participant’s access to the Website or the Program if Participant breaches these Terms, if Participant’s or actions risk harm to other participants or breaches the principles. Where practicable, the Company will use reasonable efforts to provide Participant with prior notice of the suspension. No compensation will be paid for a suspended Participant.
    5. The Company does not provide You or the Participant with any equipment and does not reimburse any other costs incurred in connection with the implementation of the methods of use of the Program.
  3. LIMITED LICENSE
    1. Grant of License on the Content. With your Program purchase, the Company grants You and Participants a limited, non-exclusive, non-transferable license to access the Program Content. Except for the foregoing limited license, no right, title, or interest shall be transferred to You or Participant. The Company may revoke license at any time at its sole discretion. Upon such revocation, You and Participant must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with these Terms.  
    2. Grant of License on the Platform. With your Program purchase, the Company grants Participant a limited, non-exclusive, non-transferable, license to access the Platform. Except for the foregoing limited license, no right, title, or interest shall be transferred to You or Participant. The Company may revoke  license at any time at its sole discretion. Upon such revocation, You and Participant must promptly destroy all content downloaded or otherwise obtained, as well as copies of such materials, whether made in accordance with these Terms.  
    3. Ownership. The Company does not grant any rights or licenses unless those which are expressly set out in these Terms. Except for the use rights granted in these Terms, the Company retains all intellectual property and other rights to the Program, the Platform and the Website and related Company technology, templates, formats and dashboards, including any modifications or improvements to these items. Except as expressly provided in these Terms, the Website, the Platform and the Contents may not be copied, modified, reproduced, republished, posted, displayed, transmitted, sold, offered for sale, redistributed, or disclosed in any way without Company’s prior express written permission.
  4. FEES AND PAYMENT
    1. Payment and Taxes. You or Participant will be required to select a payment option and provide accurate information regarding credit card or other payment instrument. You agree to pay the Company in accordance with these Terms, and You authorize the Company or its third-party payment processors to bill payment instruments in advance on a periodic basis in accordance with such agreement. All amounts paid are non-refundable and we reserve the right to change our prices in the future. You (or Participant, if applicable) is responsible for payment of all taxes imposed on him by governmental authorities resulting from these Terms or use of the Website or Contents.
    2. Refund. The refund of the license fee is possible within 14 calendar days from the date of payment, provided that Participant has not gone further than the section 10 of the Program. If Participant started to pass the section 11 or subsequent sections of the Program, the refund is not available. If Your registration is in the EU, UK, Canada or Turkey, You are entitled to get your money back within 14 calendar days of purchase.
  5. PARTICIPANT DATA
    1. Participant Data. The Platform may enable participants, among other things, to post, make comments, post messages and other content to the Service (collectively, the «Participant Data»). Procedures for the use of Participant Data are defined in the General Terms of Use.
    2. For сertain entities are required to sign an SCC or CCPA notice prior to providing services, depending on their location and applicable jurisdiction.
  6. DISCLAIMER
    1. Limited Warranty. Our Platform is operated by us on an «as is» basis, without representations or warranties of any kind. Participant uses the Service at your sole risk. The Service is provided on an «as is» and «as available» basis. To the fullest extent permitted by law, the Company and its affiliates expressly disclaim all warranties of any kind, whether expressed or implied, with respect to the Service (including, but not limited to, the implied warranties of merchantability, suiting  for a particular use or purpose and non-infringement). The Platform may be temporarily unavailable due to scheduled maintenance or unscheduled emergency maintenance, or because of other causes beyond our reasonable control. The Website, the Program, Contents, the Platform, the Confidential Information and all other information and materials are provided «as is» and without warranty of any kind. The Company and its licensors expressly disclaim all warranties, either expressed or implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, suiting for a particular purpose, title and noninfringement. Furthermore, the Company does not warrant or make any representations regarding the use or the results of the use of the content or related documentation in agreement of their correctness, accuracy, reliability, or otherwise. No oral or written representations made by the Company, or an agent thereof shall create a warranty or in any way increase the scope of this warranty. 
    2. Exception. Because some jurisdictions do not allow the exclusion or limitation of implied warranties, some or all of the above limitations may not apply to Participant. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law. 
    3. Disclaimer. In no event is the Company liable for any damages caused by Participant acts or omissions. The Company is not responsible for any Participant data distributed by Participant; the Company has no liability to Participant or to any third party for any content, data or information.
    4. The Company is not responsible for the opinions or views expressed by Participants, including opinions of other Participants in the form of Participant Data at the Platform or otherwise during the Program.
    5. Indemnity. The Participant agrees to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, licensees, suppliers, and affiliates harmless from and against any claims, actions, or demands, liabilities, costs, and settlements, including, without limitation, legal and accounting fees, resulting from, or alleged to result from, Participants’ violation of these Terms or the representations and warranties therein, or relating to or arising from use of the Website and Contents. The Participant shall cooperate as fully as reasonably required in the Company’s defense of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Participant and Participant shall not in any event settle any matter without the prior written consent of the Company. You agree to reimburse the Company for any costs or fees related to its enforcement of these Terms as a result of Participant actions, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by the Company. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Participant.
    6. Total liability. In no event shall the aggregate liability of the Company exceed the amount the Participant paid. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
    7. Compliance with Law and Export Controls. The Company makes no representation or warranty that the Program is appropriate or available for use in all locations outside the United States. The Participant use of the Program must comply with all applicable laws, rules and regulations, and Participant is solely responsible for compliance with local laws. The Participant agrees and certifies that all information and any technical data received from the Program will be exported or re-exported outside the United States only as authorized and as permitted by the laws and regulations of the United States.
    8. Without limiting the generality of the foregoing, you acknowledge and agree that our services shall not be tailored to your level of education or professional needs and shall be provided without any guarantees, conditions, warranties, or representations as to the services or their result. To the extent permitted by law, the Company and any third parties connected to the Company hereby expressly exclude all guarantees, conditions, warranties, representations, and other terms which might otherwise be implied by statute, common law, or the law of equity.
  7. CHANGE IN TERMS
    Сhange in Terms. The Company reserves the right at any time to modify, amend these Terms at its sole discretion. The Company will use commercially reasonable efforts to notify You and Participant of any change to these Terms either by sending an email to the email address provided with registration or by a posting on the Website. These, as amended, will be effective upon acceptance of registration for new Participants and effective for all existing Participants 2 calendar days after the posting of any amended Terms on the Website. The Participant agrees to be bound by these Terms, as modified.
  8. CONTACTING US
    If You or Participant have any questions or concerns about the Program, the Platform, your registration, or anything else, please follow the Contact us link on the Website, or send an email to contacts@gopractice.io.
    Post: 2261 Market Street #4830 San Francisco, CA 94114.