terms and conditions
The Propgainer platform is operated by Propgainer LLC, located at 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, USA (hereinafter referred to as the "Operator"). This platform is designed to provide online educational services, which are accessible to users for a fee.
A contract between the User and the Operator is formed at the moment the User pays for a course on the platform. This constitutes the establishment of a service provision agreement (hereinafter referred to as the"Agreement") between the parties. The Agreement is concluded upon theUser’s consent to these General Terms and Conditions (hereinafter referred to as the "GTC").
This document outlines the rules and conditions governing the relationship between the User and the Operator in connection with the conclusion of the Agreement. It also regulates the conditions for using the Propgainer platform and providing access to digital content available on the platform.
I. Introductory Provisions
1. Definitions and Purpose of the Terms and Conditions
These Terms and Conditions (hereinafter referred to as the "Terms") govern all legal relationships between the Operator and the users of services provided through the platform. The platform represents a website, mobile application, or any other digital tool currently available to users for the purpose of education, personal development, obtaining information, and other activities related to the courses or products offered(hereinafter referred to as the "Platform"). These Terms apply to all individuals using the services of the Platform, whether for registration in courses or other products, or merely for accessing the information provided on the Platform. The contractual relationship between the Operator and the User is formed when the User completes the registration and order process, and theOperator accepts this order. It is important to note that these Terms are crucial for the proper functioning of all legal relationships between the parties and are drafted in accordance with international standards and legal regulations.
2. Purpose and Legal Framework
The purpose of these Terms is to define in detail the conditions for using the Platform, the rights and obligations between the Operator and the User, to specify the responsibilities of both parties, and to ensure the proper functioning and legal protection in connection with the offered services. The Terms are based on applicable legal regulations, including the European Parliament regulation on the protection of personal data (GDPR) and other relevant legal norms concerning business relationships and electronic services. In case of any discrepancies between the version of these Terms and the applicable legal regulations, the applicable legislation must always be followed, both on a national and international level. These Terms have been carefully drafted to comply with the legal provisions valid within the European Union and globally, ensuring they are suitable for international use in all countries where the Platform may be available.
3. Consent to the Terms and Conditions
The User hereby confirms that they agree to these Terms and that they have familiarized themselves with them. By using the Platform, including registering for courses, participating in webinars, and engaging in other activities offered through the Platform, the User expresses their agreement to these Terms. The User always has the option to read, download, or print these Terms directly from the Platform’s website. If the User disagrees with these Terms or any part thereof, they do not have the right to continue using the services of the Platform.
II. User Registration and Account
1. Registration Process
To access the full range of services offered through the Platform, the User must complete the registration process. This includes providing necessary personal information (such as name, email address, and payment details if applicable) and agreeing to these Terms. The registration process is completed by filling out the registration form available on the Platform and submitting it to the Operator. Upon successful registration, the User will receive confirmation of their account activation.
2. User Account and Access
After registration, the User is granted access to their account on the Platform. The User is responsible for the accuracy of the information they provide during registration and for maintaining the confidentiality of their login credentials. The User agrees to notify the Operator immediately if they suspect any unauthorized use of their account. The Operator reserves the right to block or suspend access to a User’s account if any illegal or fraudulent activity is suspected.
3. Account Security
The User is obliged to use a secure password andensure that their account login information is not shared with others. The Operator is not liable for any consequences arising from unauthorized access to the User’s account. It is the User’s responsibility to protect their login credentials and monitor their account activity for any unauthorized access.
III. Use of the Platform Services
1. Services Provided by teh Operator
The Operator offers various services through thePlatform, including but not limited to online courses, webinars, educational content, consultations, and other resources. The details of these services, including the pricing, are available on the Platform. By purchasing or registering for any service, the User agrees to the specific terms and conditions associated with that service.
2. Availability of Services
While the Operator makes every effort to ensure that the services are available without interruption, the Operator does not guarantee that the Platform or its services will be accessible at all times, as availability may be affected by technical difficulties, maintenance, or other unforeseen circumstances. The Operator will make reasonable efforts to resolve such issues promptly and notify the User in case of any planned downtime.
3. User Conduct
The User agrees to use the Platform only for lawful purposes and in accordance with the Terms. The User shall not engage in any behavior that could disrupt or harm the Platform, its services, or other users.The User is prohibited from using the Platform to transmit harmful, illegal, or offensive content, including viruses, malware, or spam. Any violations may result in the suspension or termination of the User’s account.
The User agrees to:
- Maintain the confidentiality of the information obtained from third parties,
- prevent third parties from accessing the video lessons and the information obtained,
- not to make visual, audio or audiovisual recordings of the video lessons and not to redistribute them,
- to keep confidential any other information and facts, the disclosure of which could result in the deterioration of the copyright holder's position in the market and/or the dissemination of such information that could damage its reputation.
Protected information does not include information that is publicly known or available. It is not a breach of the duty of confidentiality to disclose information pursuant to a lawful request. The User is bound by the obligation of confidentiality both during the period of access to the video lessons and subsequently after your access to them has been terminated. Breach of the duty of confidentiality entitles the copyright holder, Propgainer LLC., to claim compensation for any damages incurred.
IV. Pricing and Fees
1. Pricing and Payment Terms
The prices for the services offered through thePlatform are clearly stated on the Platform. The User agrees to pay the applicable fees as specified at the time of their purchase or registration. All payments must be made through the designated payment methods available on the Platform. The Operator reserves the right to change prices at any time, but any changes will not affect services already purchased.
2. Late Payments
If a User fails to make a payment within the specified time frame, the Operator reserves the right to suspend or terminate access tothe services until the outstanding payment is made.
V. Intellectual Property
1. Ownership of Content
The Operator holds all intellectual property rights related to the content and services provided through the Platform. This includes, but is not limited to, all course materials, texts, videos, logos, trademarks, and any other content. The User agrees not to copy, distribute, or use the content in any way not authorized by the Operator.
2. License to Use Content
The User is granted a limited, non-exclusive license to access and use the content provided by the Operator for personal, non-commercial use only. The User may not reproduce, modify, or distribute the content in anyway without prior written consent from the Operator.
3. User-Generated Content
If the Platform allows users to submit content (e.g.,forum posts, reviews, comments, etc.), the User grants the Operator a worldwide, royalty-free, and non-exclusive license to use, modify, and display such content on the Platform. The User affirms that they own or have the necessary rights to the content they submit.
VI. Data Protection
1. Personal Data Processing
The Operator processes the User’s personal data in accordance with the applicable data protection laws, including the GDPR. The User’s personal data is collected, stored, and used solely for the purposes of providing the services and improving the Platform experience. The Operator’s privacy policy, which details how personal data is handled, is available on the Platform.
2. Data Security
The Operator implements appropriate technical and organizational measures to protect the User’s personal data from unauthorized access, loss, or disclosure. However, the User acknowledges that no method of electronic transmission or storage is 100% secure, and the Operator cannot guarantee absolute security.
VII. Limitation of Liability
1. General Limitations
The Operator is not liable for any direct, indirect, incidental, consequential, or special damages arising out of the User’s use of the Platform, including but not limited to any loss of profits, data, or business opportunities. The User acknowledges that the use of the Platform is at their own risk.
2. No Guarantee of Results
While the Operator provides high-quality content and services, it does not guarantee specific outcomes, results, or performance levels. The User’s success depends on various factors, including but not limited to their efforts, previous knowledge, and adherence to course materials.
3. Force Majeure
The Operator is not liable for failure or delay in fulfilling its obligations under these Terms if such failure or delay is caused by events beyond its control, including but not limited to natural disasters, war, terrorism, pandemics, technical failures, or government actions.
VIII. Termination
1. Termination by the Operator
The Operator reserves the right to suspend or terminate the User’s access to the Platform at any time and for any reason, including but not limited to violations of these Terms, fraudulent activities, or failure to pay required fees. Upon termination, the User’s access to the services will be revoked, and they may lose access to any purchased content.
2. Termination by the User
The User may terminate their account at any time by contacting the Operator’s customer support or using the provided platform functionality. Upon termination, the User will lose access to all services, but they may still be responsible for any outstanding payments.
3. Effect of Termination
Upon termination of the User’s account, all rights and licenses granted to the User under these Terms will cease immediately. Any unpaid fees or charges will remain due, and the User may be required to settle any outstanding balances.
IX. Dispute Resolution
1. Mediation and Arbitration
In the event of any dispute arising from these Terms or the User’s use of the Platform, both parties agree to attempt to resolve the matter through informal negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit to binding arbitration under the laws of the jurisdiction in which the Operator is registered.
2. Governing Law and Jurisdictions
2.1 Governing Law
These Terms, along with any other documents referenced herein or arising from the User's use of thePlatform, shall be governed by and construed in accordance with the laws of the jurisdiction in which the Operator is incorporated, without regard to its conflict of law provisions. The laws of this jurisdiction shall apply to all disputes arising out of or in connection with these Terms, regardless of where the User is located or where the services are provided.
This means that any legal questions, rights, obligations, or claims regarding the use of the Platform and its services will be interpreted and enforced under the laws of the country where the Operator is legally registered or incorporated, which could be different from the laws of the User’s location.
2.2 Jurisdiction and Venue
The User agrees that any legal action or proceeding related to these Terms, or arising from the User's use of the Platform, shall be exclusively brought in the courts located in the jurisdiction where theOperator is based, unless otherwise required by mandatory local law. The User irrevocably submits to the personal jurisdiction of such courts and waives any objection to venue, including objections based on forum non-conveniens (inconvenient forum).
If a dispute arises, the User acknowledges and agrees that the courts in the jurisdiction where the Operator is based will have exclusive jurisdiction over such matters. This means that all lawsuits, arbitrations, or legal proceedings will take place in the designated courts, and the User agrees that no other courts or locations will have jurisdiction over disputes related to these Terms.
2.3 International Disputes
If the User is located outside the jurisdiction where the Operator is based, the User agrees to submit to the jurisdiction of theOperator’s country or region. The User further agrees that, in the event of any dispute, they will not raise objections on the basis of the inconvenience or difficulty of participating in legal proceedings in a foreign country.
Additionally, if the dispute involves parties in different countries, the dispute may be resolved through international arbitration or other alternative dispute resolution methods, as determined by the Operator or the applicable law. In the event of such international disputes, the arbitration process will be conducted in accordance with the rules of are cognized international arbitration institution, and the arbitration venues hall be mutually agreed upon by both parties.
2.4 Arbitration and Mediation Clause
In cases where legal action in a traditional court of law is not feasible or desired, both the Operator and the User agree to first attempt to resolve any disputes through good faith mediation. If mediation does not resolve the dispute, both parties will proceed to arbitration. The arbitration process shall be conducted in the jurisdiction of the Operator, and the decision rendered by the arbitrator shall be final and binding.
The User understands and agrees that by entering into this agreement, they waive their right to a trial by jury and agree to submit any disputes to arbitration as described above.
2.5 Limitation on Actions
The User agrees that no action, whether in law or equity, arising out of or relating to these Terms, or the use of the Platform, may be brought more than one (1) year after the cause of action has accrued. The User further agrees that the Operator shall not be liable for any claims, actions, or damages beyond the limitations of the governing law and jurisdiction provisions set forth herein.
2.6 Effect of Legal Decisions
If any provision of this clause (or any part of it) is found to be unenforceable by a court of competent jurisdiction, the remainder of the clause or these Terms will remain in effect. The invalidity of one or more provisions will not affect the enforceability of the rest of the Terms or any agreements related to it. The parties will attempt to resolve any conflicts by substituting an enforceable provision that closely reflects the intent of the original provision.
2.7 Legal Remedies
Nothing in these Terms limits the User’s rights to pursue legal action in the event of a breach of these Terms, but any such actions must follow the dispute resolution procedures outlined above.
X. Refunds and Cancellations
1. Expiration of the Right to a Refund after Accessing the Product
The User acknowledges that, in accordance with applicable laws regarding digital products and services, once the product is opened, accessed, or the User interacts with the digital content for the first time (such as starting a course, accessing educational materials, or downloading a file), the right to a refund expires. This moment is considered the commencement of the service being provided by the Operator, and the User waives the right to request a refund for any payment made in connection with this product or service.
2. Exceptions to this Provision
This provision does not apply incases where the provided product or service is defective, does not match the description provided on the Platform, or is not provided in accordance with the terms outlined in these Terms and Conditions. In such cases, the User has the right to a refund or other compensation in accordance with applicable laws, including consumer protection laws under European legislation and other relevant regulations.
3. Acknowledgment of Terms and Awareness of Expiration of Refund Rights
The User is presented with these Terms and Conditions before making a purchase or registration. By reviewing these Terms (including the specific provision regarding the expiration of the right to a refund after accessing the product) and subsequently confirming their agreement, the User expressly acknowledges and agrees that opening, accessing, or interacting with the product for the first time results in the expiration of the right to a refund, unless the product is defective or fails to meet the conditions outlined in these Terms and Conditions.
XI. Miscellaneous
1. Amendments to the Terms
The Operator reserves the right to amend or update these Terms at any time. The User will be notified of any material changes through the Platform or via email. By continuing to use the Platform after such changes, the User agrees to be bound by the revised Terms.
2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid and enforceable provision that closely reflects the intent of the original provision.
3. Assignment
The Operator may assign or transfer its rights and obligations under these Terms to third parties without the User’s consent. TheUser may not assign or transfer their rights and obligations without the Operator’s prior written consent.
4. Entire Agreement
These Terms represent the entire agreement between the User and the Operator regarding the use of the Platform. They supersede any prior agreements or understandings, whether written or oral, related to the subject matter hereof.
Effective Date: April 1, 2025