Disclaimer-Terms-Privacy

This Section Contains the following items:

1. Disclaimer.
2. Access Regulation.
3. Terms and Conditions.
4. Privacy Policy.
5. Data Protection.
6. Data Protection Addendum
7. End-User Licensing Agreement-EULA
8. Refund Policy
9. Earning Disclaimer.

 1- Disclaimer

The guidelines, recommendations, physical exercises, and any other information presented in this program are the best practices and may not be suitable in every situation. This guide is NOT a medical guide or replaces medical advice or a substitute for medical advice. In the case of specific injuries, restrictions, or medical conditions a medical professional should be consulted. The medical information, including but not limited to, text, graphics, images and other material contained in this program are for informational purposes only. The purpose of this program is to promote understanding and knowledge of the health topics contained therein. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician with any questions you may have regarding a medical condition or treatment and never disregard professional medical advice or delay in seeking it because of something you have read in this program. Also, this program does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this program. Reliance on any information appearing on this program is solely at your own risk. “DeveNova.com OR ErgoMinds.com” does not accept any responsibility for the content of the medical information provided or for consequences of any actions taken based on the medical information provided.

Although every effort is made to ensure the accuracy, currency, and completeness of the information, “DeveNova.com OR ErgoMinds.com” does not guarantee, warrant, represent, or undertake that the information provided is correct, accurate or current. “DeveNova.com OR ErgoMinds.com” is not liable for any loss, claim, or demand arising directly or indirectly from any use or reliance upon the information. The materials contained in this program are provided for general information purposes only and do not constitute legal or other professional advice or medical advice on any subject matter. “DeveNova.com OR ErgoMinds.com” does not accept any responsibility for any loss which may arise from reliance on information contained on this site.

 2- Access Regulation

Access to this program is granted to registrants only; paid registrations or invited registrations. Sharing the login information and allowing access to non-registrants a violation of the end-user license of this program and will lead to immediate termination of account without prior notice. Permission is given for the account holders, paid or invited, to download material under the download section to view on a personal computer. The contents of this site are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is prohibited without the prior written consent of “DeveNova.com OR ErgoMinds.com”.

Some links within this website may lead to other websites, including those operated and maintained by third parties. “DeveNova.com OR ErgoMinds.com” includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply). This website/program and their contents are provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

The office equipments identified in this program are intended to provide information about products available for purchase. The ErgoMinds Ergonomics Programs do not necessarily endorse or classify any piece of equipment as superior to other equipment; whether you will benefit from specialized equipment depends on personal factors, workstation layout, and task demands. You must consider all elements of your workstation systematically and try to make changes with your existing equipment before looking to purchase new equipment. ErgoMinds Ergonomics Programs do not replace the recommendations that could be made after ergonomics assessment.

 3-   Terms and Conditions

General

This website (www.ergominds.com) is owned and operated by “DeveNova.com” (DeveNova.com OR ErgoMinds.com, “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from “DeveNova.com OR ErgoMinds.com”. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to “DeveNova.com OR ErgoMinds.com” from their creation. Thus, “DeveNova.com OR ErgoMinds.com” shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as “DeveNova.com OR ErgoMinds.com” determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to “DeveNova.com OR ErgoMinds.com” all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that “DeveNova.com OR ErgoMinds.com” has the right but not the obligation to use and display any postings or contributions of any kind and that “DeveNova.com OR ErgoMinds.com” may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not “DeveNova.com OR ErgoMinds.com”. Neither “DeveNova.com OR ErgoMinds.com” nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, “DeveNova.com OR ErgoMinds.com” neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized “DeveNova.com OR ErgoMinds.com” representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY “DeveNova.com OR ErgoMinds.com” AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless “DeveNova.com OR ErgoMinds.com” its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that “DeveNova.com OR ErgoMinds.com” shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability. If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

“DeveNova.com OR ErgoMinds.com” may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. “DeveNova.com OR ErgoMinds.com” or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by “DeveNova.com OR ErgoMinds.com” staff, “DeveNova.com OR ErgoMinds.com”’s outside contributors, or by users not connected with “DeveNova.com OR ErgoMinds.com”, some of whom may employ anonymous user names. “DeveNova.com OR ErgoMinds.com” expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of “DeveNova.com OR ErgoMinds.com” or any of its subsidiaries or affiliates.

“DeveNova.com OR ErgoMinds.com” has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS “DeveNova.com OR ErgoMinds.com” IS NOT A MEDICAL  SERVICE PROVIDER, IS NOT A MENTAL ADVISER, AND DOES NOT PROVIDE PERSONALIZED MEDICAL, ERGONOMIC, FURNITURE, OR WELLBEING  ADVICE.

WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS FURNITURE INVESTMENT, MEDICAL, OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY “DeveNova.com OR ErgoMinds.com” SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN HEALTH OR MEDICAL ISSUES.

WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR DEVENOVA TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND “DeveNova.com OR ErgoMinds.com” MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. YOU acknowledge and agrees that no representation has been made by “DeveNova.com OR ErgoMinds.com” OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by “DeveNova.com OR ErgoMinds.com” infringe your copyright, you, or your agent may send to “DeveNova.com OR ErgoMinds.com” a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon “DeveNova.com OR ErgoMinds.com” actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to “DeveNova.com OR ErgoMinds.com” a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. “DeveNova.com OR ErgoMinds.com”’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@ergominds.com

This Agreement shall be binding upon and inure to the benefit of “DeveNova.com OR ErgoMinds.com” and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of “DeveNova.com OR ErgoMinds.com”. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by “DeveNova.com OR ErgoMinds.com” to any affiliated entity or any of its wholly owned subsidiaries These Terms of Use shall be governed by and construed in accordance with the laws of [CANADA/NOVA SCOTIA] and any dispute shall be subject to binding arbitration in ­­­[CANADA/NOVA SCOTIA]. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer

Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website. If you have any questions or concerns regarding our privacy policy please direct them to: support@ErgoMinds.com.

4- Privacy policy

“DeveNova.com OR ErgoMinds.com” understands that your privacy is important to you. We are committed to protecting the privacy of your personally-identifiable information as you use this website. This Privacy Policy tells you how we protect and use information that we gather from you. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this website, and any additional terms that may apply when you access particular services or materials on certain areas of this website. “We,” “our” means “DeveNova.com OR ErgoMinds.com” and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing this site.

PERSONAL AND NON-PERSONAL INFORMATION

Our Privacy Policy identifies how we treat your personal and non-personal information.

WHAT IS NON-PERSONAL INFORMATION AND HOW IS IT COLLECTED AND USED?

Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways:

• When you send us an application or other form
• When you conduct a transaction with us, our affiliates, or others
• When we collect information about in you in support of a transaction, such as credit card information
• In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.

ARE COOKIES OR OTHER TECHNOLOGIES USED TO COLLECT PERSONAL INFORMATION?

Yes, we may use cookies and related technologies, such as web beacons, to collect information on our web site. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with us, a cookie helps “DeveNova.com OR ErgoMinds.com” to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same “DeveNova.com OR ErgoMinds.com” website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

Third party vendors also may use cookies on our web site. For instance, we may contract with third parties who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behaviour. We may also contract with a third party to send e-mail to our registered [users/members].

To help measure and improve the effectiveness of our e-mail communications, the third party sets cookies. All data collected by this third party on behalf of “DeveNova.com OR ErgoMinds.com” is used solely by or on behalf of “DeveNova.com OR ErgoMinds.com” and is shared externally only on an anonymous, aggregated basis. From time to time we may allow third parties to post advertisements on our web site, and those third-party advertisements may include a cookie or web beacon served by the third party. This Privacy Policy does not cover the use of information collected from you by third party ad servers. We do not control cookies in such third party ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the “DeveNova.com OR ErgoMinds.com” websites you visit.

HOW DOES “DEVENOVA.COM OR ERGOMINDS.COM” USE PERSONAL INFORMATION?

“DeveNova.com OR ErgoMinds.com” may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.

Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.

DOES “DEVENOVA.COM OR ERGOMINDS.COM” SHARE PERSONAL INFORMATION WITH OTHERS?

We will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it. If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.

We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.

If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.

HOW IS PERSONAL INFORMATION USED FOR COMMUNICATIONS?

We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.

HOW IS PERSONAL INFORMATION SECURED?

We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.

LINKS

This site contains links to other sites that provide information that we consider to be interesting. “DeveNova.com OR ErgoMinds.com” is not responsible for the privacy practices or the content of such web sites.

PUBLIC DISCUSSIONS

This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. “DeveNova.com OR ErgoMinds.com” does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.

HOW CAN A USER ACCESS, CHANGE, AND/OR DELETE PERSONAL INFORMATION?

You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at [support@ ErgoMinds.com]

CHILDREN’S PRIVACY

“DeveNova.com OR ErgoMinds.com” will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.

CHANGES

“DeveNova.com OR ErgoMinds.com” reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by “DeveNova.com OR ErgoMinds.com” or about our website practices, please contact us at: support@ErgoMinds.com”

SHARING COURSE PROGRESS

If your enrollment is under GROUP  or bulk enrollment, we share your  course progress with your employer.

 5-   Data protection

Introduction

“DeveNova.com OR ErgoMinds.com” is committed to providing a superior learning experience for everyone we work with. We know that our users’ are committed to their success and we are equally committed to ensuring that each interaction that someone has with our content is optimized for maximum educational potential. To enable us to do this, “DeveNova.com OR ErgoMinds.com” needs to gather and use certain information about individuals.

Individuals who we gather information about includes customers, affiliates, business contacts, employees, and other people the organization has a relationship with or may need to contact.

This policy describes how this personal data is collected, handled, and stored to meet the company’s data protection standards — and to comply with the law.

Why This Policy Exists

This data protection policy ensures “DeveNova.com OR ErgoMinds.com”:

• Complies with data protection law and follows industry best practices
• Protects the rights of staff, customers, affiliates, and partners
• Is open about how it stores and processes individuals’ data
• Protects itself from the risks of a data breach

EU General Data Protection Regulation (GDPR) Protection Law

The GDPR (General Data Protection Regulation) protection law describes how organizations who conduct business with individuals or entities located in EU (European Union) nations — including “DeveNova.com OR ErgoMinds.com” — must collect, handle, and store personal information.

These rules apply regardless of whether data is stored electronically, on paper, or in any other manner.

To comply with the law, personal information must be collected and used fairly, stored safely, and not disclosed unlawfully.

The EU GDPR is underpinned by eight core principles. These state that personal data must:

1. Be processed fairly and lawfully
2. Be obtained only for specific, lawful purposes
3. Be adequate, relevant, and not excessive
4. Be accurate and kept up to date
5. Not be held for any longer than necessary
6. Processed in accordance with the rights of data subjects
7. Be protected in appropriate ways
8. Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection

1. Policy Statement

Every day our business will receive, use, and store personal information about our customers, affiliates, partners, and colleagues. It is important that this information is handled lawfully and appropriately, in line with the requirements of the Data Protection Act 2018 and the General Data Protection Regulation (collectively referred to as the ‘Data Protection Requirements’).

We take our data protection duties seriously, because we respect the trust that is being placed in us to use personal information appropriately and responsibly.

2. About This Policy

This policy and any other documents referred to in it, sets out the basis on which we will process any personal data that we collect or process. This policy does not form part of any employee’s contract of employment and may be amended at any time.

The company as a whole is responsible for ensuring compliance with the Data Protection Requirements and with this policy. Any questions about the operation of this policy or any concerns that the policy has not been followed should be referred in the first instance to the Data Protection Officer.

3. What is Personal Data?

Personal data is defined as data, (whether stored electronically or paper based) relating to a living individual who can be identified directly or indirectly from that data, (or from that data and other information in our possession).

Processing is any activity that involves use of personal data. It includes obtaining, recording, or holding the data, organizing, amending, retrieving, using, disclosing, erasing, or destroying it. Processing also includes transferring personal data to third parties under privacy control conditions.

Sensitive personal data includes contact info, address, session activity on the platform, IP location etc. Sensitive personal data can only be processed under strict conditions, and used for express purpose that it was collected for.

4. Data Protection Principles

Anyone processing personal data, must ensure that data is:

1. Processed fairly, lawfully and in a transparent manner.
2. Collected for specified, explicit, and legitimate purposes and any further processing is completed for a compatible purpose.
3. Adequate, relevant and limited to what is necessary for the intended purposes.
4. Accurate and where necessary, kept up to date.
5. Kept in a form which permits identification for no longer than necessary for the intended purposes.
6. Processed in line with the individual’s rights and in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures.
7. Not transferred to people or organizations situated in countries without adequate protection and without firstly having advised the individual.

5. Fair and Lawful Processing

The Data Protection Requirements are not intended to prevent the processing of personal data, but to ensure that it is done fairly and without adversely affecting the rights of the individual.

In accordance with the General Data Protection Regulation (GDPR), we will only process personal data where it is required for a lawful purpose. The lawful purposes include (amongst others): whether the individual has given their consent, the processing is necessary for performing a contract with the individual, for compliance with a legal obligation, or for the legitimate interest of the business. When sensitive personal data is being processed, additional conditions must be met.

1. Collection of Information

We receive and store information about you such as:

Information you provide us: We collect information you provide to us which includes: your name, email address, address or postal code, payment method, and telephone number. We collect this information in a number of ways, including manual entry while you are using our service, interact with our customer service, participate in surveys or marketing promotions, provide reviews or ratings, taste preferences, set preferences in Your Profile/Account, or otherwise provide information to us through our service or elsewhere.

Information we collect automatically: We collect information regarding you and your use of our service, your interactions with us and our advertising, as well as information regarding your computer or other device used to access our service.

This information includes:

1. • Your activity on our platform such as course progress and search queries
   • Details regarding your interactions with customer service such as the date, time and reason for contacting us
   • Transcripts of any chat conversations that you initiate on our platforms
   • In the event that you initiate phone support, your phone number
   • Device IDs or unique identifiers, device and software characteristics (such as type and configuration)
   • Connection information, statistics on page views, referral URLs, IP address, and standard web log information
   • Information collected via the use of cookies, web beacons and other technologies, including ad data (such as information on impressions delivered to a cookie, the site URL where the impression was delivered, as well as the date and time).

See our Privacy Policy for more details.

1. Use of Information

We use the information we collect to provide, analyze, administer, enhance, and personalize our services and marketing efforts, to process your registration, your orders, your payments, and your communication on these and other topics.

Our primary aim is always to enhance the user experience. We do so in several ways using the data that we collect, but a few examples are: determining your general platform usage, required action item completions, login details, etc. which then helps us know what difficulties the you’re facing within the platform, with which can then use to take action to minimize the effort on your end. We collect other information, such as most visited links on our website, which then help us conclude what content was most watched, enabling us to create additional content geared toward our users’ needs and personal preferences.

6. Processing for Limited Purposes

In the course of our business, we may collect and process personal data, which may include data that we receive directly from a data subject and data we receive from other sources including location data, business partners, and subcontractors who work technical, payment and delivery services, credit reference agencies, and other capacities.

We will only process personal data for the specific purposes or for any other purposes specifically permitted by the Data Protection Requirements. We will notify those purposes to the data subject when we first collect the data or as soon as possible thereafter.

7. Notifying Individuals

If we collect personal data directly from an individual, we will inform them about:

1. The purpose or purposes for which we intend to process that personal data, as well as the legal basis for the processing.
2. Where we rely upon the legitimate interests of the business to process personal data, the legitimate interests pursued.
3. The types of third parties, if any, with which we will share or disclose that personal data.
4. The fact that the business intends to transfer personal data to a non-EEA country or international organization and the appropriate and suitable safeguards in place.
5. How individuals can limit our use and disclosure of their personal data.
6. Information about the period that their information will be stored or the criteria used to determine that period.
7. Their right to request from us as the controller access to and rectification or erasure of personal data or restriction of processing.
8. Their right to object to processing and their right to data portability.
9. Their right to withdraw their consent at any time (if consent was given) without affecting the lawfulness of the processing before the consent was withdrawn.
10. The right to lodge a complaint with the Information Commissioner's Office.
11. Other sources where personal data regarding the individual originated from and whether it came from publicly accessible sources.
12. Whether the provision of the personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the individual is obliged to provide the personal data and any consequences of failure to provide the data.
13. The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the individual.

If we receive personal data about an individual from other sources, we will provide them with this information as soon as possible (in addition to telling them about the categories of personal data concerned) but at the latest within One (1) month.

8. Adequate, Relevant and Non-Excessive Processing

We will only collect personal data to the extent that it is required for the specific purpose notified to the data subject.

9. Accurate Data

We will ensure that personal data we hold is accurate and kept up to date. We will check the accuracy of any personal data at the point of collection and at regular intervals afterwards. We will take all reasonable steps to destroy or amend inaccurate or out-of-date data.

10. Timely Processing

We will not keep personal data longer than necessary for the purpose or purposes for which it was collected. We will take all reasonable steps to destroy or erase from our systems, all data which is no longer required.

11. Processing in line with Data Subject’s Rights

We will process all personal data in line with data subjects’ rights, in particular their right to:

1. Confirmation as to whether or not personal data concerning the individual is being processed.
2. Request access to any data held about them by a data controller.
3. Request rectification, erasure or restriction on processing of their personal data.
4. Lodge a complaint with a supervisory authority.
5. Data portability.
6. Object to processing including for direct marketing.
7. Not be subject to automated decision making including profiling in certain circumstances.

12. Data Security

We will take appropriate security measures against unlawful or unauthorized processing of personal data and against the accidental or unlawful destruction, damage, loss, alteration, or unauthorized disclosure of or access to personal data transmitted, stored, or otherwise processed.

We will put in place procedures and technologies to maintain the security of all personal data from the point of the determination of the means for processing and point of data collection to the point of destruction. Personal data will only be transferred to a data processor if he or she agrees to comply with those procedures and policies, or if he or she puts in place adequate measures himself/herself.

We will maintain data security by protecting the confidentiality, integrity, and availability of the personal data, defined as follows:

1. Confidentiality: Only people who are authorized to use the data can access it.
2. Integrity: Personal data should be accurate and suitable for the purpose for which it is processed.
3. Availability: Authorized users should be able to access the data if they need it for authorized purposes. Personal data should therefore be stored on the “DeveNova.com OR ErgoMinds.com” central computer system & databases instead of individual PCs.

Our Security Procedures:

• Entry controls: Any stranger seen in entry-controlled areas will be reported.
• Securing lockable desks and cupboards all the time. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.)
• Data minimization will be practiced.
• Pseudonymisation and encryption of data will be the primary state of storing the data.
• Methods of disposal: Paper documents would be shredded. Digital storage devices would be physically destroyed when they are no longer required. Electronic data would be deleted once it’s intended purpose is fulfilled.
• Equipment: Staff has to ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.
• Transferring Personal Data Outside of the EEA: We may transfer any personal data we hold to a country outside the European Economic Area (‘EEA’) or to an international organization, provided that one of the following conditions applies:
  • The country to which the personal data is transferred ensures an adequate level of protection for the data subjects’ rights and freedoms.
  • The data subject has given his consent.
  • The transfer is necessary for one of the reasons set out in the Act, including the performance of a contract between us and the data subject, or to protect the vital interests of the data subject.
  • The transfer is legally required on important public interest grounds or for the establishment, exercise or defense of legal claims.
  • The transfer is authorized by the relevant data protection authority where we have adduced adequate safeguards with respect to the protection of the data subjects’ privacy, their fundamental rights and freedoms, and the exercise of their rights.

Subject to the requirements above, personal data we hold may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Those staff may be engaged in, among other things, the fulfilment of contracts with the data subject, the processing of payment details and the provision of support services.

14. Disclosure and Sharing of Personal Data

We may share personal data we hold with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in: https://www.legislation.gov.uk/ukpga/2006/46/section/1159

15. Subject Access Requests

To these ends, the company has a privacy statement setting out how data relating to individuals is used by the company.

Individuals must make a formal request for information we hold about them. Employees who receive a request should forward it to the data department immediately.

When receiving telephone enquiries, we will only disclose personal data we hold on our systems if the following conditions are met:

1. We will check the caller’s identity to make sure that information is only given to a person who is entitled to it.
2. We will suggest that the caller put their request in writing if we are not sure about the caller’s identity and where their identity cannot be checked.
3. Where a request is made electronically, data will be provided electronically when possible.

Our support team will refer a request to the data processing department or the Data Protection Compliance Manager for assistance in difficult situations.

16. Changes to this Policy

We may modify this Privacy Statement at any time, but we will provide prominent advance notice of any material changes to this Statement, such as posting a notice through the Services, on our websites, or sending you an email, to provide you the opportunity to review the changes and choose whether to continue using the Services.

6-   Data protection addendum

This Data Protection Addendum, henceforth referred to as the "Addendum", is entered into by and between DeveNova.com, henceforth referred to as "“DeveNova.com OR ErgoMinds.com”", and the customer agreeing to this Addendum, henceforth referred to as the "Customer".

This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.

If you are accepting this Addendum on behalf of Customer/Affiliate, you represent and warrant that:

• You have read and understood this Addendum
• You have full legal authority to bind yourself, or the applicable entity, to these Terms
• You agree, on behalf of the party you represent, to this Addendum.

If you do not have the legal authority to bind Customer, please do not "Sign/Accept/Opt IN".

1. Intro:

This Addendum sets out terms that will apply to “DeveNova.com OR ErgoMinds.com” processing of Customer’s Personal Data under the Privacy Policy Agreement executed by “DeveNova.com OR ErgoMinds.com” and Customer.

2. Definitions:

Terms Defined by the General Data Protection Regulation (GDPR):

1. "Addendum Effective Date" is defined as the date on which Customer clicked to accept or opt-in to this Addendum.
2. "Adequate Country" is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.
3. "Data Subject" is defined as the identified or identifiable person who is the subject of Personal Data.
4. "Personal Data" is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.
5. "Processing" is defined by the applicable EU Data Protection Law and "process", "processes" and "processed" will be interpreted accordingly.
6. "Data Controller" is defined as the party that determines the purposes and means of the Processing of Personal Data.
7. "Data Processor" is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.
8. "Data Transfer Mechanism" is defined as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.
9. "Data Protection Laws" are defined with respect to a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party, including, where applicable, EU Data Protection Law.
10. "Data Protection Authority" is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.
11. "EEA" means the European Economic Area, United Kingdom, and Switzerland.
12. "EU Data Protection Law" means
    • Prior to 25th May 2018, European Union Directive 95/46/EC; and
    • On and after 25th May 2018, European Union Regulation 2016/679 ("GDPR")
13. References to "written instructions" and related terms mean Data Controller’s instructions for Processing of Customer Data, which consist of
    • The terms of the Agreement and this Addendum,
    • Processing enabled by Data Controller through the Service, and
    • Other reasonable written instructions of Data Controller consistent with the terms of the Agreement.
14. "Model Contracts" are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU in the form made accessible in the “DeveNova.com OR ErgoMinds.com” Workspace.
15. "Security Incident" is defined as any unauthorized or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data in Data Processor’s control.
16. "Subprocessor" is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data pursuant to the Agreement or this Addendum.
17. "Third Party" shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Subprocessors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorized to Process the data.
18. Other capitalized terms not defined herein have the meanings given in the Agreement.

Terms Defined by “DeveNova.com OR ErgoMinds.com” with Respect to GDPR:

1. "Data Subjects" are defined to include the individuals about whom data is provided to “DeveNova.com OR ErgoMinds.com” via the Services by (or at the direction of) the Customer.
2. "Details of Processing Subject Matter" is defined as the subject matter of the data processing under this Addendum is the Customer Data.
3. "Duration of the Processing" is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until deletion of all Customer Data by “DeveNova.com OR ErgoMinds.com” in accordance with the terms of the Addendum.
4. "Nature and Purpose of the Processing" is defined as the purpose of the Processing under this Addendum is the provision of the Service to Customer and the performance of “DeveNova.com OR ErgoMinds.com”'s obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.
5. "Categories of Data" is defined as data relating to individuals provided to “DeveNova.com OR ErgoMinds.com” when Customers sign up, login, use the product, interact with the website, and interact with the ads.
6. "Security Measures" are defined as the measures that “DeveNova.com OR ErgoMinds.com” agrees to use. They are commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of the Service or Customer Data.

3. Termination:

1. This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the Processing of Customer’s Personal Data.
2. All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability set forth in the Agreement.
3. This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
4. This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.

4. Scope and Applicability of this Addendum:

1. This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU.
2. This Addendum applies where and to the extent that “DeveNova.com OR ErgoMinds.com” processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.
3. This Addendum applies where and to the extent that “DeveNova.com OR ErgoMinds.com” processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.

5. Role and Scope of the Processing:

1. Customer will act as the Data Controller and “DeveNova.com OR ErgoMinds.com” will act as the Data Processor under this Addendum. Both Customer and “DeveNova.com OR ErgoMinds.com” shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as set forth in this Addendum.
2. Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorized by Customer in writing or as instructed by Customer, “DeveNova.com OR ErgoMinds.com” shall have no right directly or indirectly to sell, rent, lease, combine, display, perform, modify, transfer, or disclose the Customer Data or any derivative work thereof. “DeveNova.com OR ErgoMinds.com” shall act only in accordance with Customer's instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws.
3. Additional instructions not consistent with the scope of the Agreement require prior written agreement of the parties, including agreement on any additional fees payable by Customer.
4. Notwithstanding the above, Customer acknowledges that “DeveNova.com OR ErgoMinds.com” shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4.
5. “DeveNova.com OR ErgoMinds.com” shall not disclose the Customer Data to any Third Party in any circumstances other than in compliance with Customer’s instructions or in compliance with a legal obligation to disclose. “DeveNova.com OR ErgoMinds.com” shall inform Customer in writing prior to making any such legally required disclosure, to the extent permitted by Data Protection Laws.
6. For clarity, nothing in this Addendum limits “DeveNova.com OR ErgoMinds.com” from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.

6. Subprocessing:

1. “DeveNova.com OR ErgoMinds.com”’s obligations under this Addendum shall apply to “DeveNova.com OR ErgoMinds.com”’s employees, agents and Subprocessors who may have access to the Personal Data.
2. Customer agrees that “DeveNova.com OR ErgoMinds.com” is authorized to use Subprocessors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that “DeveNova.com OR ErgoMinds.com”:
   • Enters into a written agreement with any Subprocessor, imposing data protection obligations substantially similar to this Addendum; and
   • Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Subprocessor that cause “DeveNova.com OR ErgoMinds.com” to breach any of its obligations under this Addendum.
3. Information about Subprocessors, including their functions and locations, is available on request and may be updated by “DeveNova.com OR ErgoMinds.com” from time to time in accordance with this Addendum.

7. Security:

1. “DeveNova.com OR ErgoMinds.com” shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with “DeveNova.com OR ErgoMinds.com”'s security standards.
2. Customer is responsible for reviewing the information made available by “DeveNova.com OR ErgoMinds.com” relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that “DeveNova.com OR ErgoMinds.com” may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer.
3. “DeveNova.com OR ErgoMinds.com” shall ensure that any person who is authorized by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.

8. Onward Transfer:

1. “DeveNova.com OR ErgoMinds.com” may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where “DeveNova.com OR ErgoMinds.com”, its affiliates or Subprocessors maintain data processing operations.
2. To the extent that “DeveNova.com OR ErgoMinds.com” processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts.
3. The parties agree that “DeveNova.com OR ErgoMinds.com” is the "data importer" and Customer is the "data exporter" under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
4. The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that “DeveNova.com OR ErgoMinds.com” adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).

9. Regulatory Compliance:

1. At Customer’s request and expense, “DeveNova.com OR ErgoMinds.com” shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities.
2. “DeveNova.com OR ErgoMinds.com” shall (at Customer's expense) reasonably assist Customer to respond to requests from individuals in relation to their rights of data access, rectification, erasure, restriction, portability and objection. In the event that any such request is made directly to “DeveNova.com OR ErgoMinds.com”, “DeveNova.com OR ErgoMinds.com” shall not respond to such communication directly without Customer's prior authorization unless required by Data Protection Laws.

10. Reviews of Data Processing:

1. At Customer’s request, “DeveNova.com OR ErgoMinds.com” shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm “DeveNova.com OR ErgoMinds.com”’s compliance with this Addendum.
2. “DeveNova.com OR ErgoMinds.com” will provide such information within thirty (30) days of Customer’s written request, unless shorter notice is required by Customer’s regulatory authorities.
3. Except as expressly required by Data Protection Laws, any review under this Section 10 will:
   • Be conducted no more often than once per year during “DeveNova.com OR ErgoMinds.com”’s normal business hours, in a manner so as not to interfere with standard business operations;
   • Be subject to “DeveNova.com OR ErgoMinds.com”’s reasonable confidentiality and security constraints;
   • Be conducted at Customer’s expense; and
   • Not extend to any information, systems or facilities of “DeveNova.com OR ErgoMinds.com”’s other customers or its Third Party infrastructure providers.
4. Any information provided by “DeveNova.com OR ErgoMinds.com” under this Section 10 constitutes “DeveNova.com OR ErgoMinds.com”’s Confidential Information under the Agreement.

11. Return or deletion of data:

1. “DeveNova.com OR ErgoMinds.com” shall, within ninety (90) days after request by Customer at the termination or expiration of the Agreement, delete or return, at Customer's choice, all of the Personal Data from “DeveNova.com OR ErgoMinds.com”’s systems. Within a reasonable period following deletion, at Customer’s request, “DeveNova.com OR ErgoMinds.com” will provide written confirmation that “DeveNova.com OR ErgoMinds.com”’s obligations of data deletion or destruction have been fulfilled.
2. Notwithstanding the foregoing, the Customer understands that “DeveNova.com OR ErgoMinds.com” may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.

12. Additional Security:

1. Upon becoming aware of a confirmed Security Incident, “DeveNova.com OR ErgoMinds.com” shall notify the Customer without undue delay, in accordance with the Security Measures. Notwithstanding the foregoing, “DeveNova.com OR ErgoMinds.com” is not required to make such notice to the extent prohibited by Data Protection Laws, and “DeveNova.com OR ErgoMinds.com” may delay such notice as requested by law enforcement and/or in light of “DeveNova.com OR ErgoMinds.com”'s legitimate needs to investigate or remediate the matter before providing notice.
2. Each notice of a Security Incident will include:
   • The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
   • A description of what happened, including the date of the Security Incident and the date of discovery of the Security Incident, if known;
   • The scope of the Security Incident, to the extent known; and
   • A description of “DeveNova.com OR ErgoMinds.com”'s response to the Security Incident, including steps “DeveNova.com OR ErgoMinds.com” has taken to mitigate the harm caused by the Security Incident.
3. “DeveNova.com OR ErgoMinds.com” shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorized access or disclosure.

13. Changes to Subprocessors:

When any new Subprocessor is engaged, “DeveNova.com OR ErgoMinds.com” will, at least a week before the new Subprocessor processes any Customer Data, inform Customer of the engagement by sending an email or via the in-app notification.

14. Further cooperation:

1. Where and when required by Data Protection Laws, “DeveNova.com OR ErgoMinds.com” will provide the relevant Data Protection Authorities with information related to “DeveNova.com OR ErgoMinds.com”’s Processing of Personal Data. “DeveNova.com OR ErgoMinds.com” further agrees that it will maintain such required registrations and where necessary renew them during the term of this Addendum. Any changes to “DeveNova.com OR ErgoMinds.com”’s status in this respect shall be notified to Customer immediately either via email or in-app notifications.
2. To the extent “DeveNova.com OR ErgoMinds.com” is required under Data Protection Laws, “DeveNova.com OR ErgoMinds.com” shall (at Customer's expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.

 7- End-User Licensing Agreement-EULA

DeveNova.com, a company organized under the laws of Nova Scotia , Canada (collectively, “we,” “us” or “DeveNova.com”) provides you access to the DeveNova.com services (“Services”) including its applications and websites, available at the entry-point URL https://www.DeveNova.com (the “Site”) or https://www.ErgoMinds.com , and to the information, services and other materials available on and through the Site, (collectively with the Site, the “Online Courses”), subject to the terms and conditions described in this document (these “Terms of Use”) and any other guidelines, rules or licenses posted in connection with the Online Courses. You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use. If you are under 18 years of age, then do not use the Site or Online Courses.

Your Acceptance of These Terms of Use

By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are: (i) a “Visitor” (you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with DeveNova.com or ErgoMinds.com for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by DeveNova.com or ErgoMinds.com). The term “User” refers to a Visitor or a Subscriber.

You are authorized to use the Site only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use.
BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH DEVENOVA.COM OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.

WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU DO NOT AGREE TO ANY OTHER PROVISIONS OF THESE TERMS OF USE OR ANY SECTION THEREOF, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. DEVENOVA.COM’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (I) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS AND (II) YOUR PRE-PAYMENT OF THE APPLICABLE COURSE FEES.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to these Terms of Use will be effective immediately upon posting by DeveNova.com or ErgoMinds.com on a Site.

User Communications

You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may, without limitation, email, in-app messages and in-website chat communications. In addition, Notices may be emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email.

User Accounts and User Registration

While any Visitor can view the Site, in order to use the Site and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses.

In setting up your User Account, you may be prompted to enter additional information, including but not limited to your name and email address. Additional information may be needed to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the Online Courses, to the extent applicable.

In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy.

By registering, you agree that you are registered for the course only once and will not share your login information with any other person regardless of affiliation.
If you are caught sharing logins your account will be permanently terminated without notice and without possibility of refund you will abide by these Terms of Use.
DeveNova.com and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses.

User Conduct Policy

As a condition of accessing the Site and/or using the Online Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Courses other than as expressly allowed under these Terms of Use; (b) use DeveNova.com’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or (g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any ments, procedures, policies or regulations of networks connected to the Online Courses.

In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorized Content”): that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others; that is trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device; that interferes with a User’s business or services; that takes any action that may undermine online reviews or feedback; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that consists of any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other Users of the Site; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Intellectual Property Rights

The Services are owned and operated by DeveNova.com and its licensors. DeveNova.com reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services or any part or portion thereof, with or without notice to you. You agree that DeveNova.com shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate DeveNova.com to maintain and support the Services or any part or portion thereof, during the term of these Terms of Use. All content or other material available on the Site or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of DeveNova.com and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

DeveNova.com logos, trademarks and service marks which may appear on the Site (“Marks”), are the property of DeveNova.com and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of DeveNova.com.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, resell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Services or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, DeveNova.com may software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. DeveNova.com and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

License to Use the Site and Online Courses

Subject to your compliance with these Terms of Use, DeveNova.com hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download and utilize the Educational Content (as defined below) for your personal internal use only. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attributions, legal or proprietary notices on the Site or the Content. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, and other educational materials and tools.

User Content

The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Site or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). DeveNova.com does not claim ownership of any User Content you may submit or make available for inclusion on the Site or Online Courses. Accordingly, subject to the license granted to DeveNova.com below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content. You hereby assign to DeveNova.com, your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any feedback, test results, or modifications or improvements to DeveNova.com’s Content or Services which you may propose or make or which User and Constulting.com may jointly make. To the extent such rights cannot be assigned, you hereby waive such rights as DeveNova.com, its affiliates, and its and their customers and business partners.

With respect to any User Content you submit to DeveNova.com (including for inclusion on the Site or Online Courses) or that is otherwise made available to DeveNova.com, you hereby grant DeveNova.com an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Site or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to DeveNova.com above shall be exclusive. DeveNova.com reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit DeveNova.com to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and DeveNova.com, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices. With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.Use of Communication Tools and Related Services The Online Courses may provide you with the ability to post messages to User forums or User review pages, enter chat rooms or send similar messages and communications to third party service providers, other Users and/or DeveNova.com. You agree to use communication tools available on the Online Courses only to send communications and materials related to the subject matter for which DeveNova.com provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications tools available on the Online Courses, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by DeveNova.com in any manner (unless expressly stated otherwise by DeveNova.com) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by DeveNova.com in any manner, though DeveNova.com reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication tools, DeveNova.com may make certain types of services available to you. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

Payment Terms

To purchase any services or products offered by “DeveNova.com OR ErgoMinds.com” through the Site, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to “DeveNova.com OR ErgoMinds.com”’s third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the “DeveNova.com OR ErgoMinds.com” Site as they become due, whether on a one-time or subscription basis

Services Availability

You acknowledge and agree that “DeveNova.com OR ErgoMinds.com”’s services, including paid services and products, may not be available at all times, and that certain usage limits may apply (for instance, for Site maintenance). You also understand that DeveNova.com, at its sole discretion, may limit, suspend, or terminate your use of all DeveNova.com-provided services related to “DeveNova.com OR ErgoMinds.com”’s services and may modify or discontinue all services related to its programs at its sole discretion.

Warranty

You expressly acknowledge and agree that your use of the Site, the Online Courses and all Content and services available on the Site is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”

WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR MENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY OR LOST DATA, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.

Limitation of Liability and Consequential Damages Waiver

ALL LIABILITY OF “DeveNova.com OR ErgoMinds.com”, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS AND SUPPLIERS COLLECTIVELY FOR CLAIMS ARISING UNDER THIS AGREEMENT OR OTHERWISE HOWSOEVER ARISING SHALL BE LIMITED TO THE GREATER OF (I) THE MONEY PAID TO “DeveNova.com OR ErgoMinds.com”  FOR SERVICES UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES FIRST GIVING RISE TO SUCH LIABILITY OR (II) TEN EUROS (€10). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).

IN NO EVENT SHALL DEVENOVA.COM, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.

No Class Actions

You agree that you will only be permitted to bring claims against “DeveNova.com OR ErgoMinds.com” on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the dispute resolution decider (e.g., judge or arbitrator) of any such claim may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, such dispute resolution decider may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

Linking to Other Sites

The Site may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. “DeveNova.com OR ErgoMinds.com” does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Site at any time for any reason or for no reason.

Indemnity

You agree to indemnify, defend and hold harmless “DeveNova.com OR ErgoMinds.com”, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Online Courses in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site or through the Online Courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.

Termination of Rights

You agree that “DeveNova.com OR ErgoMinds.com”, in its sole discretion, may deactivate your account or otherwise terminate your use of the Site or Online Courses for any reason or no reason, including, without limitation, if DeveNova.com believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted

Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Site or Online Courses may be effected without prior notice to you and that DeveNova.com shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that “DeveNova.com OR ErgoMinds.com” may retain and store your information on DeveNova.com’s systems notwithstanding any termination of your account or the Online Courses.

Data Protection Addendum

This Data Protection Addendum, henceforth referred to as the “Addendum”, is entered into by and between “DeveNova.com OR ErgoMinds.com”., henceforth referred to as “DeveNova.com OR ErgoMinds.com”, and the customer agreeing to this Addendum, henceforth referred to as the “Customer”.

This Addendum will be effective from the Addendum Effective Date (as defined below) and replace any previously applicable data protection addendum.
If you are accepting this Addendum on behalf of Customer/Affiliate, you represent and warrant that:

•  You have read and understood this Addendum
•  You have full legal authority to bind yourself, or the applicable entity, to these Terms
•  You agree, on behalf of the party you represent, to this Addendum.

If you do not have the legal authority to bind Customer, please do not “Sign/Accept/Opt IN”.

1. Intro:

This Addendum sets out terms that will apply to DeveNova.com processing of Customer’s Personal Data under the Privacy Policy Agreement executed by DeveNova.com and Customer.

1. Definitions:

Terms Defined by the General Data Protection Regulation (GDPR):

•  “Addendum Effective Date” is defined as the date on which Customer clicked to accept or opt-in to this Addendum.
•  “Adequate Country” is defined as a country which is deemed adequate by the European Commission under Article 25(6) of Directive 95/46/EC or Article 45 of GDPR.
•  “Data Subject” is defined as the identified or identifiable person who is the subject of Personal Data.
•  “Personal Data” is defined as any information included in the Customer Data relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, or social identity.

•  “Processing” is defined by the applicable EU Data Protection Law and “process”, “processes” and “processed” will be interpreted accordingly.
•  “Data Controller” is defined as the party that determines the purposes and means of the Processing of Personal Data.
•  “Data Processor” is defined as the party that Processes Personal Data on behalf of, or under the instruction of, the Data Controller.
•  “Data Transfer Mechanism” is defined as an alternative data export solution for the lawful transfer of Customer Data (as recognized under EU Data Protection Law) outside the EEA.
•  “Data Protection Laws” are defined with respect to a party, all privacy, data protection, information security-related, and other laws and regulations applicable to such party,including, where applicable, EU Data Protection Law.
•  “Data Protection Authority” is defined as the competent body in the jurisdiction charged with enforcement of applicable Data Protection Law.
•  “EEA” means the European Economic Area, United Kingdom, and Switzerland.
•  “EU Data Protection Law” means
•  Prior to 25th May 2018, European Union Directive 95/46/EC; and
•  On and after 25th May 2018, European Union Regulation 2016/679 (“GDPR”)
•  References to “written instructions” and related terms mean Data Controller’s instructions for Processing of Customer Data, which consist of
•  The terms of the Agreement and this Addendum,
•  Processing enabled by Data Controller through the Service, and
•  Other reasonable written instructions of Data Controller consistent with the terms of the Agreement.
•  “Model Contracts” are defined as the Standard Contractual Clauses for Processors as approved by the European Commission under Decision 2010/87/EU in the form made accessible in the DeveNova.com Workspace.
•  “Security Incident” is defined as any unauthorized or unlawful confirmed breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data in Data Processor’s control.
•  “Subprocessor” is defined as any Third Party engaged by Data Processor or its affiliates to process any Customer Data pursuant to the Agreement or this Addendum.
•  “Third Party” shall mean any natural or legal person, public authority, agency, or any other body other than the Data Subject, Data Controller, Data Processor, Subprocessors, or other persons who, under the direct authority of the Data Controller or Data Processor, are authorized to Process the data. Other capitalized terms not defined herein have the meanings given in the Agreement.

Terms Defined by DeveNova.com with Respect to GDPR:

•  “Data Subjects” are defined to include the individuals about whom data is provided to DeveNova.com via the Services by (or at the direction of) the Customer.
•  “Details of Processing Subject Matter” is defined as the subject matter of the data processing under this Addendum is the Customer Data.
•  “Duration of the Processing” is defined as the duration of the data processing under this Addendum is until the termination of the Agreement plus the period from the expiry of the Agreement until deletion of all Customer Data by DeveNova.com in accordance with the terms of the Addendum.
•  “Nature and Purpose of the Processing” is defined as the purpose of the Processing under this Addendum is the provision of the Service to Customer and the performance of DeveNova.com's obligations under the Agreement (including this Addendum) or as otherwise agreed by the parties.
•  “Categories of Data” is defined as data relating to individuals provided to DeveNova.com when Customers sign up, login, use the product, interact with the website, and interact with the ads.
•  “Security Measures” are defined as the measures that DeveNova.com agrees to use. They are commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration, or disclosure of the Service or Customer Data.

1. Termination:

•  This Addendum forms part of the Agreement and except as expressly set forth in this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall prevail to the extent of that conflict in connection with the Processing of Customer’s Personal Data.
•  All activities under this Addendum (including without limitation Processing of Customer Data) remain subject to the applicable limitations of liability set forth in the Agreement.
•  This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.
•  This Addendum and Model Contracts will automatically terminate upon expiration or termination of the Agreement.

1. Scope and Applicability of this Addendum:

•  This regulation applies to the processing of the personal data in the context of the activities of the establishment of a Controller or a Processor in the EU.
•  This Addendum applies where and to the extent that DeveNova.com processes Customer Data that originates from the EEA or that is otherwise subject to EU Data

Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.This Addendum applies where and to the extent that DeveNova.com processes Customer Data that originates from the EEA or that is otherwise subject to EU Data Protection Law on behalf of Customer in the course of providing the Service pursuant to the Agreement.

1. 5. Role and Scope of the Processing:

•  Customer will act as the Data Controller and DeveNova.com will act as the Data Processor under this Addendum. Both Customer and DeveNova.com shall be subject to applicable Data Protection Laws in the carrying out of their responsibilities as set forth in this Addendum.
•  Customer retains all ownership rights in the Customer Data, as set forth in the Agreement. Except as expressly authorized by Customer in writing or as instructed by Customer, DeveNova.com shall have no right directly or indirectly to sell, rent, lease, combine, display, perform, modify, transfer, or disclose the Customer Data or any derivative work thereof. DeveNova.com shall act only in accordance with Customer's instructions regarding the Processing of the Customer Data except to the extent prohibited by applicable Data Protection Laws.
•  Additional instructions not consistent with the scope of the Agreement require prior written agreement of the parties, including agreement on any additional fees payable by Customer.
•  Notwithstanding the above, Customer acknowledges that DeveNova.com shall have a right to use Aggregated Anonymous Data as detailed in the Agreement Section 4.4.
•  DeveNova.com shall not disclose the Customer Data to any Third Party in any circumstances other than in compliance with Customer’s instructions or in compliance with a legal obligation to disclose. DeveNova.com shall inform Customer in writing prior to making any such legally required disclosure, to the extent permitted by Data Protection Laws.
•  For clarity, nothing in this Addendum limits DeveNova.com from transmitting Customer Data (including without limitation Personal Data) as instructed by Customer through the Service.

1. Subprocessing:

•  DeveNova.com’s obligations under this Addendum shall apply to DeveNova.com’s employees, agents and Subprocessors who may have access to the Personal Data.
•  Customer agrees that DeveNova.com is authorized to use Subprocessors (including without limitation cloud infrastructure providers) to Process the Personal Data, provided that DeveNova.com:

Enters into a written agreement with any Subprocessor, imposing data protection obligations substantially similar to this Addendum; and Remains liable for compliance with the obligations of this Addendum and for any acts or omissions of the Subprocessor that cause DeveNova.com to breach any of its obligations under this Addendum. Information about Subprocessors, including their functions and locations, is available on request and may be updated by DeveNova.com from time to time in accordance with this Addendum.

1. Security:

•  DeveNova.com shall implement and maintain appropriate technical and organizational security measures to protect Personal Data from Security Incidents and to preserve the security and confidentiality of the Personal Data, in accordance with DeveNova.com's security standards.
•  Customer is responsible for reviewing the information made available by DeveNova.com relating to data security and making an independent determination as to whether the Service meets the Customer’s requirements and legal obligations under Data Protection Laws. Customer acknowledges that the Security Measures are subject to technical progress and that DeveNova.com may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Service purchased by Customer.
•  DeveNova.com shall ensure that any person who is authorized by Customer to process Personal Data (including its staff, agents and Subprocessors) shall be under an appropriate contractual or statutory obligation of confidentiality.

1. Onward Transfer:

•  DeveNova.com may, subject to complying with this Section 8, store and process Customer Data anywhere in the world where DeveNova.com, its affiliates or Subprocessors maintain data processing operations.
•  To the extent that DeveNova.com processes any Personal Data protected by GDPR and/or originating from the EEA in the United States or another country outside the EEA that is not designated as an Adequate Country, then the parties shall sign the Model Contracts.
•  The parties agree that DeveNova.com is the “data importer” and Customer is the “data exporter” under the Model Contracts (notwithstanding that Customer may be an entity located outside of the EEA).
•  The parties agree that the data export solution identified in Section 8.B shall not apply if and to the extent that DeveNova.com adopts an Alternative Transfer Mechanism. In which event, the Alternative Transfer Mechanism shall apply instead (but only to the extent such Alternative Transfer Mechanism extends to the territories to which Personal Data is transferred).

1. 9. Regulatory Compliance:

•  At Customer’s request and expense, DeveNova.com shall reasonably assist Customer as necessary to meet its obligations to regulatory authorities, including Data Protection Authorities.
•  DeveNova.com shall (at Customer's expense) reasonably assist Customer to respond to requests from individuals in relation to their rights of data access, rectification, erasure, restriction, portability and objection. In the event that any such request is made directly to DeveNova.com, DeveNova.com shall not respond to such communication directly without Customer's prior authorization unless required by Data Protection Laws.

1. Reviews of Data Processing:
   •  Be conducted no more often than once per year during DeveNova.com’s normal business hours, in a manner so as not to interfere with standard business operations;
   •  Be subject to DeveNova.com’s reasonable confidentiality and security constraints;
   •  Be conducted at Customer’s expense; and
   •  Not extend to any information, systems or facilities of DeveNova.com’s other customers or its Third Party infrastructure providers.
   •  At Customer’s request, DeveNova.com shall provide Customer with written responses to all reasonable requests for information made by Customer relevant to the Processing of Personal Data under this Addendum, including responses to security and audit questionnaires, in each case solely to the extent necessary to confirm DeveNova.com’s compliance with this Addendum.
   •  DeveNova.com will provide such information within thirty (30) days of Customer’s written request, unless shorter notice is required by Customer’s regulatory authorities.
   •  Except as expressly required by Data Protection Laws, any review under this Section 10 will:
   •  Any information provided by DeveNova.com under this Section 10 constitutes DeveNova.com’s Confidential Information under the Agreement.

1. Return or deletion of data:
   • “DeveNova.com OR ErgoMinds.com” shall, within ninety (90) days after request by Customer at the termination or expiration of the Agreement, delete or return, at Customer's choice, all of the Personal Data from DeveNova.com’s systems. Within a reasonable period following deletion, at Customer’s request, “DeveNova.com OR ErgoMinds.com” will provide written confirmation that “DeveNova.com OR ErgoMinds.com”’s obligations of data deletion or destruction have been fulfilled.
   •  Notwithstanding the foregoing, the Customer understands that DeveNova.com may retain Customer Data as required by Data Protection Laws, which data will remain subject to the requirements of this Addendum.
2. Additional Security:
   • The extent to which Personal Data has been, or is reasonably believed to have been, used, accessed, acquired, or disclosed during the Security Incident;
   • A description of what happened, including the date of the Security Incident and the date of discovery of the Security Incident, if known;
   • The scope of the Security Incident, to the extent known; and
   •  Upon becoming aware of a confirmed Security Incident, “DeveNova.com OR ErgoMinds.com” shall notify the Customer without undue delay, in accordance with the Security Measures. Notwithstanding the foregoing, DeveNova.com is not required to make such notice to the extent prohibited by Data Protection Laws, and DeveNova.com may delay such notice as requested by law enforcement and/or in light of “DeveNova.com OR ErgoMinds.com”'s legitimate needs to investigate or remediate the matter before providing notice.
   •  Each notice of a Security Incident will include:

• A description of “DeveNova.com OR ErgoMinds.com”'s response to the Security Incident, including steps “DeveNova.com OR ErgoMinds.com” has taken to mitigate the harm caused by the Security Incident.

1. •  DeveNova.com shall take reasonable measures to mitigate the harmful effects of the Security Incident and prevent further unauthorized access or disclosure.
2. Changes to Subprocessors:

When any new Subprocessor is engaged, “DeveNova.com OR ErgoMinds.com” will, at least a week before the new Subprocessor processes any Customer Data, inform Customer of the engagement by sending an email or via the in-app notification.

1. Further cooperation:

1. •  Where and when required by Data Protection Laws, DeveNova.com will provide the relevant Data Protection Authorities with information related to DeveNova.com’s Processing of Personal Data. DeveNova.com further agrees that it will maintain such required registrations and where necessary renew them during the term of this Addendum. Any changes to DeveNova.com’s status in this respect shall be notified to Customer immediately either via email or in-app notifications.
   •  To the extent DeveNova.com is required under Data Protection Laws, DeveNova.com shall (at Customer's expense) provide reasonably requested information regarding the Service or prior consultations with Data Protection Authorities to enable Customer to carry out data protection impact assessments.

Dispute Procedure and Claims of Copyright Infringement

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DeveNova.com’s Copyright Agent with the following information:

1. •  an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
   •  a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
   •  a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
   •  your address, telephone number, and email address;
   •  a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
   •  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.

“DeveNova.com OR ErgoMinds.com”’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent: Email: support@ErgoMinds.com. 

Miscellaneous Provisions

“DeveNova.com OR ErgoMinds.com”  may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of “DeveNova.com OR ErgoMinds.com”.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the country of Ireland, as it is applied to agreements entered into and to be performed entirely within Ireland and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by DeveNova.com, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Site or Online Courses, shall be subject only to the jurisdiction of the courts located in Country of Ireland. DeveNova.com makes no representations that the Site operate (or are legally permitted to operate) in all geographic areas, or that the Site, or information, services or products offered through the Site are appropriate or available for use in other locations. Accessing the Site from territories where the Site, or any content or functionality of the Site or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null

and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. DeveNova.com shall have no liability under these Terms of Use to the extent arising from any failure of DeveNova.com to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event beyond DeveNova.com’s reasonable control. DeveNova.com shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of DeveNova.com to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. These Terms of Use constitute the entire agreement between you and “DeveNova.com OR ErgoMinds.com” relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by “DeveNova.com OR ErgoMinds.com”  or through a specific writing between you and “DeveNova.com OR ErgoMinds.com”. Any notice which may be d to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses: “DeveNova.com OR ErgoMinds.com”, Email: support@ErgoMinds.com

 8- Refund Policy

Our refund policy is as follows: Customers are entitled to a full refund if they complete both Module 0 and Module 1 in the training program and have completed their action items and then send the completed worksheets to support@ErgoMinds.com. Worksheets must be completed within 14 calendar days from date of purchase. If customers do not complete the worksheets and upload them or send them to support@ErgoMinds.com within 14-days from date of purchase they are NOT entitled to a refund. If customers ask after 14 calendar days they are NOT entitled to a refund. Besides that, to qualify for a full refund, the client has not attempted any material from the following modules beyond Module 1.

9- Earning disclaimer

Disclaimer: No Earnings Projections, Promises Or Representations

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of DeveNova Consulting/ErgoMinds products, and that we have not authorized any such projection, promise, or representation by others.

Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.

(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by DeveNova Consulting/ErgoMinds products.

(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided at http://ErgoMinds.com OR http://DeveNova.com depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.

Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase DeveNova Consulting/ErgoMinds products, and/or any monies spent setting up, operating, and/or marketing DeveNova Consulting/ErgoMinds products, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).

(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for DeveNova Consulting/ErgoMinds products has been arbitrarily set by us. This price bears no relationship to objective standards.

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