Terms and Conditions

Last updated on 6 May 2024, effective immediately

READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE BUSINESSGROWTHCOMPANION.COM OR ANY AFFILIATED SITES (COLLECTIVELY,THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED. BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

If you have any questions relating to this contract, they can be sent to the attention of our Customer Service by email to [email protected]. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

1. Parties

The Agreement governs the relationship between you and OptimaNext Oy (the “Company”). All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.

2. Use and restrictions

Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

3. Modification

You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.

We reserve the right to modify these Terms and Conditions at any time, and without prior notice, by posting an amended Terms and Conditions that is always accessible through the Terms and Conditions link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

4. Cancellations and refunds

4.1. Refund period

ALL SALES ARE FINAL AND NON-REFUNDABLE ON THE 30TH DAY AFTER YOUR ORIGINAL PURCHASE DATE. Prior to the 30th day, a full unconditional refund for software services and digital products may be obtained by sending an email to [email protected] with your purchase information.

4.2. Subscription cancellation

If your product is a subscription, your subscription is continuous and will continue according to the schedule you agreed to at the time of your purchase until you cancel it. If you'd like to cancel your subscription, send an email to [email protected] and you subscription will be cancelled immediately and you will not be charged for any future payments. Only the initial payment in a subscription is refundable, and only if submitted within the 30 day refund period. If you subscribed through a trial, the trial payment is considered the initial payment.

4.3. Installment sales

Installment sales are NOT subscriptions. When you agree to an installment sale you are agreeing to pay the full purchase price in a fixed number of payments according to the terms. Installment payments cannot be cancelled and are due and owing according to the payment schedule agreed upon at the time of the sale. The refund period for the sale is 30 days after the initial payment. Additional payments are payments of a debt owed to the company and not eligible for refund.

5. Privacy, GDPR and CAN-SPAM

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we use your personal information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

OptimaNext is GDPR and CAN-SPAM compliant, which allows for you to request we stop sending you emails, SMS and other communication. Our emails and SMS contain “unsubscribe” options, which you may use to stop receiving emails from us. If you have any issues unsubscribing from our emails, please contact us like advised in our Privacy Policy.

6. Intellectual Property

All content offered by Company on the Site, including, but not limited to, the free materials and content, Membership materials and content, seminars, software, any resources you receive through are presentative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”),are protected by trademark and copyright laws.

7. Indemnification

You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements hereunder. In addition, you agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents.

8. Limitation of liability

You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site, information on the Site and software provided on the Site is to stop using the Site.

In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of €100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

9. Termination and survival

Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms and Conditions, including but not limited to those addressing privacy and content ownership, shall survive and remain in effect after such event. Furthermore, the following sections of these Terms and Conditions shall survive any termination or discontinuance of the Site or your access to it: Intellectual property, Indemnification, Limitation of liability, Privacy (and the Privacy Policy). If you wish to terminate your Subscription, you may do so by emailing [email protected]. Upon our acceptance of your request, your account and any personal information will be deleted (except for that information that we are required to keep in compliance of any applicable laws).

10. Governing law

Company administers and operates the Site from Iisalmi, Finland. This Agreement is governed by and construed in accordance with the laws of Finland, without reference to its choice of law principles. The venue for any dispute will be in Finland. The more precise location shall be decided by the Company.

THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.

11. Entire agreement

This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.

Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Not withstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.