Terms and Conditions

Welcome to B·My Mentor! We provide a platform where you can receive on-demand mentoring ideas, educational resources, and connections with other businesses and entrepreneurs.

In these Terms, when we say you or your, we refer to both you and any entity you are authorized to represent (such as your employer). When we say we, us, or our, we refer to AG Nova Adventure SL (B·My Mentor).

These Terms form our contract with you and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you accept these Terms.

Certain capitalized words in these Terms have defined meanings, and each time that word is used in these Terms, it has the same meaning. You can find a list of the defined words and their meanings at the end of these Terms.

For questions about these Terms, or to contact us, please email: hello@bmymentor.com

These Terms and Conditions were last updated on July 9, 2024.

OUR DISCLOSURES

These Terms are not intended to limit your legal rights and remedies, including your Consumer Rights.

1. Engagement and Term

1.1 - These Terms apply from the moment you register for an Account until the date your Account is terminated in accordance with these Terms. We grant you the right to use our Services only during this period (which may be suspended or revoked in accordance with these Terms).

1.2 - Your use of the Platform and acceptance of these terms are subject to your acceptance of the Consulting Agreement. To the extent of any inconsistency between these Terms and the Consulting Agreement, the Consulting Agreement will prevail.

1.3 - You must be at least 16 years old to use our Platform.

1.4 - Variations: We may modify these Terms at any time by providing written notice. By clicking "I Accept" or continuing to use our Platform after the notification or 30 days after the notification (whichever comes first), you accept the modified Terms. If you do not agree with the modification, you can close your Account as of the date of the change in these Terms by providing us with written notice. If you close your Account, you will no longer be able to access our Services (including our Platform) from the date of cancellation.

2. Our Services

2.1 - We provide the following services to you: (a) Access to our Platform; and (b) Access to our technical support (Support Services), (collectively, our Services).

2.2 - If you require Support Services, you canrequest them by contacting us through our Platform.

2.3 - Unless we agree otherwise, Support Services cannot be used to support other products or services and do not include training, software or hardware installation, software development, orthe modification, deletion, or recovery of data or any on-site service.

2.4 - When we require access to your premises or computer systems to provide our Services, you agree to provide us with suchaccess free from risks to the safety of our employees and contractors.

2.5 - We will not be responsible for any otherservices unless expressly stated in these Terms, the Consulting Agreement, or on our Platform.

2.6 - Disclaimer: You acknowledge and agree that the opinions, forecasts, and information contained on the Platform are not independently verified. Our Services do not constitute and are not a substitute for financial, legal, or risk management advice. Our Services are not, and are not intended to be, personalized advice for your business or specific needs.

2.7 - Additional Services: If you require additional services, we may, at our sole discretion, provide such additional services (to be defined and valued in a separate contract provided by us).

2.8 - Third-party products or services: When you engage third parties to operate in conjunction with our Services (e.g., any third-party software system you wish to integrate with our Platform), those third parties are independent of us and you are responsible for (i.e., we will not be responsible for) the goods or services they provide, unless we expressly agree otherwise under clause 2.7.

3. Account

3.1 - You must register for an Account to access and use our Platform.

3.2 - You can register for an Account using your Apple, Google, or Facebook account (Single Sign-On Account). If you log into your Account using a Single Sign-On Account, you authorize us to access your Single Sign-On Account information, including your name and contact information.

3.3 - While you have an Account with us, you agree to: (a) Keep your information up to date (and ensure it remains true, accurate, and complete); (b) Keep usernames and passwords secure and confidential, and protect them from misuse or theft; and (c) Notify us if you become aware of or suspect any unauthorized access to your Account or any login linked to your Account.

3.4 - We may suspend your access to our Services when we reasonably believe there has been any unauthorized access or use of our Services (such as the unauthorized sharing of login details for our Platform). If we suspend your access to our Services, we will inform you within a reasonable time and work with you to resolve the matter, or if it cannot be resolved, we may terminate your Account and your access to our Services will end.

4. Payments

4.1 - You agree to pay all applicable Fees asset out in the Consulting Agreement.

4.2 - You must not pay, or attempt to pay, any fee due under these Terms or as a result of your use of our Services by fraudulent or illegal means. If you make payment by debit or credit card, you must be the authorized cardholder. If payment is made via direct debit, by providing your bank account details and accepting these Terms, you authorize our designated third-party payment processor to debit your bank account, and confirm that you are the account holder or an authorized signatory of that bank account.

4.3 - Taxes: You are responsible for paying any taxes associated with your use of our Services, such as sales tax, value-added tax, or withholding tax (unless we are required by law to collect them on your behalf).

5. Platform License

5.1 - While you have an Account, we grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be transferred to any other person.

5.2 - You must not: (a) Access or use our Platform in any way that is inappropriate or infringes any law, infringes the rights of any person (e.g., intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; (b) Interfere with or disrupt the supply of our Platform, or the access or use of our Platform by any other person; (c) Introduce any virus or other malicious software code into our Platform; (d) Use any unauthorized or modified version of our Platform, including but not limited to, for the purpose of building similar or competitive software or for the purpose of gaining unauthorized access to our Platform; (e) Attempt to access any data or log into any server or account to which you are not expressly authorized to access; (f) Use our Platform in any way that involves the use of agency, outsourcing, rental, resale, sublicense, concurrent use of a single user login, or time-sharing; (g) Circumvent user authentication or the security of any of our networks, accounts, or hosts or those of any third party; or (h) Access or use our Platform to transmit, post, or communicate material that is defamatory, offensive, abusive, indecent, threatening, harassing, or unwelcome.

6. Availability, Disruption, and Downtime

6.1 - While we strive to make our Services available to you at all times, we do not make any promises that they will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

6.2 - Our Services (including our Platform) may interact with or depend on products or services provided by third parties, such as cloud hosting providers. To the maximum extent permitted by law, we are not responsible for interruptions or downtime caused or contributed by these third parties.

6.3 - We will try to provide you with reasonable notice, where possible, of any disruption to your access to our Services.

7. Intellectual Property and Data

7.1 - We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and works, as well as our copyrighted works, trademarks, inventions, designs, and other intellectual property. You agree not to copy or misuse our intellectual property without our written permission (e.g., for reverse engineering or discovering the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright, or other proprietary notices placed on our Platform.

7.2 - We may use any feedback or suggestions you provide in any way we see fit (e.g., to develop new features), and no benefit will be due to you as a result of any use by us of your feedback or suggestions.

Your Data

7.3 - We do not own any of Your Data, but when you enter or upload any of Your Data onto our Platform, you grant us the right to access, analyze, back up, copy, store, transmit, and use Your Data while you have an Account with us (and for a reasonable period thereafter). We may use Your Data (or disclose it to third-party service providers) to:

(a) Provide our Services to you (e.g., to enable you to access and use our Services), and otherwise fulfill our obligations under these Terms;

(b) Diagnose issues with our Services;

(c) Improve, develop, and protect our Services;

(d) Send you information that we believe may be of interest to you according to your marketing preferences;

(e) Conduct analysis for the purpose of remedying errors or issues with our Platform; or

(f) Fulfill our obligations under these Terms (as reasonably necessary).

7.4 - You acknowledge and agree that due tothe nature of the Internet, the processing and transmission of Your Data by usmay occur across various networks and may be transferred without encryption.

7.5 - You are responsible for (i.e., we are not responsible for): (a) The integrity of Your Data on your systems, networks, or any device controlled by you; and (b) Backing up Your Data.

7.6 - When you use our Services, we may create anonymized statistical data from Your Data and the use of our Services (e.g., through aggregation). Once anonymized, we own that data and may use it for our own purposes, such as providing and improving our Services, developing new services or product offerings, identifying business trends, and for other uses that we communicate to you. This may include making such anonymized data publicly available, provided that it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

7.7 - If you do not provide us with Your Data, it may affect your ability to receive our Services.

8. Confidential Information and Personal Information

8.1 - While using our Services, you may share confidential information with us and may become aware of confidential information about us. You agree not to use our confidential information and to take reasonable steps to protect our confidential information against disclosure without our permission, and we agree to do the same with your confidential information. This also means ensuring that any employee, contractor, professional advisor, or agent of ours or yours only has access to confidential information on a "need to know" basis (in other words, disclosure is absolutely necessary), and that they also agree not to misuse or disclose such confidential information.

8.2 - However, you or we may share confidential information with legal or regulatory authorities if required by law to do so.

8.3 - We collect, maintain, disclose, and use any Personal Information you provide to us in accordance with our Privacy Policy and applicable privacy laws.

8.4 - You should only disclose Personal Information to us if you have the right to do so (such as having the express consent of the individual).

8.5 - We may need to disclose Personal Information to third parties, such as our related companies or our service providers (e.g., IT and administrative service providers and our professional advisors).

9. Consumer Law Rights

9.1 - In some jurisdictions, you may have warranties, rights, or other remedies provided by law (Consumer Rights), and these Terms do not restrict your Consumer Rights. We will only be subject to your Consumer Rights and the express provisions of these Terms. Our liability for the breach of your Consumer Rights is, unless otherwise required by the laws of your jurisdiction, limited to resupplying our Services or paying the cost of resupplying our Services.

10. General

10.1 - Assignment: You cannot transfer or assign these Terms (including any benefit or obligation you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party or transfer any debt owed to us to a debt collector or other third party.

10.2 - Disputes: Neither we nor you can initiate court proceedings related to any dispute, controversy, or claim arising out of, or in connection with, these Terms (including any question related to their existence, validity, or termination) (Dispute) unless we first meet (in good faith) to resolve the Dispute. Nothing in this clause prevents us or you from seeking urgent injunctive or equitable relief from a court of competent jurisdiction. If the Dispute is not resolved at that initial meeting:

(a) It will be resolved in the courts of Palma de Mallorca, Spain.

10.3 - Events outside our control: We will not be responsible for any delay or failure in fulfilling our obligations (including our Services), if such delay or failure is caused or contributed by an event or circumstance outside our reasonable control.

10.4 - Governing law: These Terms are governed by the laws of New South Wales, and any matter related to these Terms will be determined exclusively by the courts in New South Wales and any court entitled to hear appeals from those courts.

10.5 - Unlawful requests: We reserve the right to reject any request for or related to our Services that we consider inappropriate, unethical, unreasonable, illegal, or otherwise not in compliance with these Terms. 10.6 - Marketing: You agree that we may send you electronic communications about our products and services. You can opt out of these at any time using the unsubscribe function in our electronic communications.

10.7 - Nature of the legal relationship: These Terms do not create, and should not be interpreted as creating, a partnership, joint venture, employment, or agency relationship between us and you.

10.8 - Notices: Any notice you send to us must be sent to hello@bmymentor.com. Any notice we send to you will be sent to the email address registered in your Account.

10.9 - Publicity: You agree that we may announce or advertise the fact that you are a customer of ours, for example, on our website or in our promotional material, and you grant us the right to display and use your logo and branding solely for that purpose.

10.10 - Survival: Clause 7 will survive the termination or expiration of these Terms.

10.11 - Third-party sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse, or approve, and are not responsible for, the content of those websites. We encourage you to conduct your own research regarding the suitability of those websites. If you purchase goods or services from a third-party website linked from our Platform, those goods or services are provided by that third party, not by us. We may receive a benefit (which may include a referral fee or commission) if you visit certain third-party websites via a link on our Platform, or for featuring certain goods or services on our Platform. We will clearly notify you which (if any) goods or services, or links to websites, we receive a benefit for featuring on our Platform.

11. Definitions

11.1 - In these Terms: Account means an account accessible to the individual or entity that registered for our Services. Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not. Platform means our cloud-based platform, available at www.bmymentor.com. Services means the services we provide to you as detailed in clause.

12.1. Your Data means the information, materials, logos, documents, credentials, and other intellectual property or data provided by you while receiving our Services or stored by or generated through your use of our Services, including any Personal Information collected, used, disclosed, stored, or otherwise handled in connection with our Services. Your Data does not include any data or information generated as a result of your use of our Services that is a back-end output or otherwise generally unavailable to users of our Services.