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Terms and Conditions

Last updated : 2025-04-05

Last modified: April 5, 2025 Version: 2.0

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE CONDITIONS, LIMITATIONS AND EXCLUSIONS RELATING TO YOUR USE OF THE SERVICES.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CONTINUING TO USE THE SERVICES AND/OR BY ACCESSING THE HUB, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE LEGALLY BOUND BY IT.

1. Definitions and Interpretation

1.1 Definitions

For the purposes of this Agreement, the following words and expressions shall have the following meanings:

"Subscription" means the Client's subscription to the annual plans offered by the Company to access certain sections of the Hub and certain Services requiring the payment of Fees.

"Agreement" means the current terms and conditions that are legally binding between the Client and the Company.

"AI Bootcamps" means an intensive training session focused on full immersion in Generative Artificial Intelligence. These Bootcamps allow participants to acquire practical skills through interactive workshops and case studies.

"Client" or "User" or "You" or "Your" refers to the Person accessing the Services and thereby entering into this Agreement with the Company.

"Client Account" means the account created by or for the User to access certain features of the Services and the Hub, along with the associated profile information.

"Client Content" means all data or information entered by the User into the Hub or accessible through the Services.

"AI Conferences" means themed events organized by Boost Performance and focused on specific topics related to Generative Artificial Intelligence. These events allow participants to discover the latest innovations and trends in AI while interacting with industry experts.

"AI Trainings" means the virtual online training courses offered by Boost Performance. These courses allow members to learn at their own pace, with modules adapted to various skill levels, ranging from AI fundamentals to advanced topics in Generative AI.

"AI Strategic Hub" or "Hub" means a centralized and innovative platform serving as a community space where the resources needed to fully harness the potential of Generative AI are made available. Accessible to Boost Performance members, the Hub offers AI tools, training, practical guides, tutorials, coaching sessions and interactive sessions to support businesses in their digital transformation. The Hub is accessible online at hub.boostperformance.ai.

"Software" means the software solutions integrated by the Company to facilitate the User's tasks, including all mobile applications accessible through the Hub.

"AI Masterclass" means an online training session lasting approximately 8 weeks, combined with coaching and weekly personalized support, offering an in-depth exploration of specific AI topics, delivered by expert instructors.

"Party" or "Parties" means the User and the Company together, or individually as a "Party," depending on the context.

"Person" or "Personal" means an individual or a legally constituted entity.

"Services" means all services offered by Boost Performance through the Hub, the Website and organized events, whether in person or virtual, including, without limitation, the Software, the AI Bootcamps, the AI Trainings, the Hub, the AI Conferences, the AI Masterclasses, and any other related product or service made available to You by the Company.

"Company" or "We" or "Our" or "Boost Performance" means 14800079 Canada Inc. (and its affiliated companies), a company duly registered under the laws of Canada.

1.2 Interpretation

A heading in this Agreement is provided for convenience only and does not affect the interpretation of this Agreement, unless otherwise indicated:

  • Capitalized terms have the meanings assigned to those terms in a paragraph of this Agreement.
  • If a word or expression is defined, its other grammatical forms have a corresponding meaning.
  • The singular includes the plural and vice versa.
  • A reference to a gender includes any gender.
  • A reference to a party means a party to this Agreement.
  • A reference to a section means a section of this Agreement.
  • The words "includes" and "including" are not limiting and do not restrict the interpretation of a word or expression.
  • A reference to a document includes a variation or replacement of that document.
  • A reference to a law includes its subordinate legislation, proclamations, ordinances, and any amendment, replacement or re-enactment thereof.
  • A reference to a person includes a reference to an individual, a legal entity, a trust, a partnership, a joint venture, an unincorporated body or any other entity, whether or not a separate legal entity, as well as its successors and assigns.
  • A reference to a thing, including a right, is a reference to the whole of the thing or a part thereof.
  • A reference to a currency is a reference to the legal currency of Canada, the Canadian dollar, unless expressly indicated otherwise.
  • A reference to time corresponds to the time in Québec, Canada.
  • Any agreement, representation, warranty or indemnity in favor of two or more parties (including where two or more persons are included in the same defined term) is in favor of those parties jointly and severally, unless the context requires otherwise.
  • Any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally, unless the context requires otherwise.
  • A provision of this Agreement shall not be interpreted unfavorably toward a party solely on the basis that the party was responsible for preparing this Agreement or that provision.

2. Preamble

2.1 This Agreement, together with the Privacy Policy accessible on the Hub at https://hub.boostperformance.ai/privacy, governs the Client's access to the Services and the Hub, and constitutes the entire agreement between You and the Company.

2.2 By using the Services and/or the Hub, You accept and confirm the following:

  • You have read and understood this Agreement and agree to be legally bound by its terms and conditions;
  • You are at least eighteen (18) years old and have reached the legal age in your country allowing you to enter into such an Agreement;
  • You are not in a jurisdiction that prohibits you from using such Services and Software;
  • You use the Services at your discretion and under your sole responsibility.

3. Updates to the Agreement

3.1 The Company may update this Agreement at any time, at its sole discretion. If You continue to use the Services and/or the Hub after we have published a new version of the Agreement, You explicitly agree to be bound by the updated version of this Agreement. The Company will make reasonable efforts to inform you of the publication of a new version of the Agreement, but it remains your responsibility to check the Hub regularly to ensure that You have reviewed and accept the latest published version.

4. Scope of the License

4.1 Boost Performance grants you a Personal license for a limited number of seats in accordance with Your type of Subscription, on a non-exclusive, non-transferable, non-sublicensable and revocable basis. The type of access and the Services that may be used depend on the Subscription You have chosen, all subject to payment of the applicable Fees.

5. Fees and Payment

5.1 Annual commitments: All Client Subscriptions are structured on an annual basis, which means that by subscribing to any paid Boost Performance offer, the Client agrees to be bound for a minimum term of one (1) year. The Agreement therefore commits the Client for at least this term, regardless of the payment method, given the flexibility the Company provides to use the Services at their own pace during the subscription year.

5.2 Payment options — Annual vs Monthly: Although the commitment is for a one-year term, Boost Performance offers the Client the option to pay the annual fees in full or in monthly installments. The choice of installment plan does not alter the one-year term of the Agreement. The Client remains bound to fulfill all of their payment commitments according to the payment terms chosen at the time of purchase. The payment terms are intended solely to provide convenience to the Client and do not correspond to the Services received.

5.3 Automatic renewal: At the end of the one-year period, unless otherwise indicated by the Client, the Agreement automatically renews for successive one (1) year periods, unless the Client cancels their renewal before the effective date of the renewal.

5.4 Modification of Fees: Boost Performance reserves the right to adjust the Fees for subsequent renewal periods. Any increase in Fees will be communicated to the Client before the renewal date. If the Client does not accept the updated Fees, they may cancel the Agreement in accordance with Section 5.3. Continued use of the Services after the renewal date represents the Client's acceptance of the updated Fees.

5.5 Taxes: The Fees may be subject to VAT (value-added tax) or other applicable taxes depending on the Client's jurisdiction. Boost Performance will calculate and apply these taxes at the time of billing, based on the billing address registered by the Client.

5.6 Non-refundable Fees: Fees paid for the Services are generally non-refundable. In certain cases, Boost Performance may, at its discretion, offer a pro-rata refund for unused Services, in particular in the event of early termination in accordance with Section 13.1.

6. Service-Specific Updates

6.1 Modifications to the Services: Boost Performance reserves the right, at its sole discretion, to modify, add or remove features of the Software or certain Services at any time and without notice. This includes, without limitation, software updates, the addition of new content in the training modules (such as AI Trainings and AI Masterclasses) and changes to the scheduling of AI Bootcamps and AI Conferences. These changes are made to improve the Client experience and take their suggestions into account, to optimize features, or to meet operational needs.

6.2 Impact of updates: Any update or modification of the Services may require an update to the software, your devices, or your access methods. You agree that it is your responsibility to ensure that your systems are compatible with these changes. In the event that an update affects Your access to or use of the Services, Boost Performance will make reasonable efforts to communicate the impact of these changes, including temporary disruptions, through notifications in the Hub and/or by email.

6.3 Discontinuation of certain Services: Boost Performance may cease to offer certain Services, such as ending the availability of certain events or removing certain tools from the Hub, either temporarily or permanently. In such cases, where applicable, Boost Performance will inform the Client with reasonable notice, unless the discontinuation is due to reasons beyond the Company's control. Clients who have paid for Services that are being interrupted may be eligible for a pro-rata refund, in accordance with Section 5.6.

6.4 User responsibility during updates: You acknowledge that the Services, including access to software, resources or community features, may require updates or maintenance that could result in temporary interruptions. You agree that Boost Performance is not responsible for the impacts that such interruptions may have on your use of the Services. It is the User's responsibility to ensure data backup and other precautions during any period of unavailability due to updates or maintenance.

6.5 Third-party integrations and changes: Certain features within the Hub or the Services may rely on third-party tools or platforms (for example, payment processors, communication applications or plugins). Boost Performance reserves the right to modify or change these integrations if necessary, and You agree that these changes may affect Your use of certain features. Where third-party integrations are interrupted or modified, Boost Performance will make reasonable efforts to inform You and suggest alternative solutions where possible.

7. Intellectual Property

7.1 The Services and all content provided with them are the intellectual property of Boost Performance and its suppliers and collaborators. The structure, organization and code of the Software are valuable trade secrets of Boost Performance and its suppliers. You agree not to reverse engineer or decompile the Software in whole or in part. You also agree to keep the information received within the Services for Your own use and that of your organization, and not to use it for commercial purposes.

7.2 By using the Services, You grant Boost Performance a non-exclusive right to store your Client Content for the purposes of providing the Services and associated client support. Boost Performance shall have no right to use the Client Content for commercial purposes and will protect this information with the same care used to protect its own proprietary information.

8. Contributions and User Content

8.1 Rights to User Contributions

By posting, submitting or sharing content (hereinafter "User Contributions") on the Hub in areas that are not dedicated to you and that are accessible to the community, You grant Boost Performance a worldwide, non-exclusive, royalty-free, transferable and sublicensable right to use, reproduce, modify, publish, distribute, and publicly display these contributions in the course of managing the Services. You also waive any applicable moral rights to the extent permitted by law.

8.2 Responsibility for User Contributions

You remain solely responsible for the Contributions submitted on the Hub. By posting content in the community, You confirm that You have the necessary rights to grant the aforementioned license and that your contributions do not violate any third-party rights.

8.3 Compliance with Community Policies

When posting User Contributions, You agree to comply with the community policies established by Boost Performance. This includes the prohibition of any abusive, offensive or inappropriate content. Boost Performance reserves the right to remove any content deemed non-compliant with the community policies, and to suspend or terminate access in the event of non-compliance.

9. Disclaimer

9.1 General disclaimer: Boost Performance provides the Services, which include technologies, training, resources and other guidance materials (such as guidelines and policies), to help users optimize their productivity and operations. While we strive to provide high-quality and relevant content, all information, guidance and resources are provided as is.

9.2 Exclusion of warranty of accuracy of information: The information, content and methodologies provided through the Services, including but not limited to training materials, workshops and consulting services, represent the opinions and expertise of Boost Performance and its collaborators. While every effort is made to provide accurate and up-to-date information, Boost Performance does not guarantee the completeness, accuracy or reliability of the information presented. Given the evolving nature of AI technology and the various fields of application, certain information may be contextual or time-limited, which means that what is true or relevant today may no longer be so in the future. Boost Performance disclaims all responsibility for changes in the accuracy or relevance of information over time. Users are encouraged to exercise their own judgment and to conduct additional research before making any decision based on the information provided.

9.3 No guarantee of results: Boost Performance cannot be held responsible for decisions, actions or results arising from the application of the advice, training, or information provided as part of the Services and/or resulting from the use of its Software. Due to the evolving nature of Artificial Intelligence and the interpretations specific to each User, results may vary and information may quickly become obsolete. It is the User's responsibility to exercise their own judgment and to consider additional research before undertaking decisions or actions based on Boost Performance's Services and/or Software.

10. Availability of Services

10.1 Boost Performance will make all necessary efforts to ensure high availability of the Services, but we cannot guarantee that the Services will be available at all times and without temporary interruptions.

11. Disclaimer of Warranty

11.1 THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Limitation of Liability

12.1 IN NO EVENT SHALL BOOST PERFORMANCE OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS.

13. Sanctions Compliance

13.1 You agree that Your use of the Services will not violate international sanctions and that you do not originate from a sanctioned geographic region.

14. Termination of the Agreement

14.1 You may terminate this Agreement at any time by notifying customer service. However, except as otherwise provided, You will remain responsible for the remaining Fees due under Your Subscription.

15. General Provisions

15.1 Governing law: This Agreement shall be interpreted, applied and enforced in accordance with the laws of the Province of Québec, Canada, without regard to conflict-of-laws provisions.

15.2 Severability: If any part of this Agreement is found to be unenforceable, the remaining sections shall remain in effect.

15.3 Force majeure: Neither Party shall be held responsible for delays caused by circumstances beyond their control.

For any question relating to this Agreement, please contact: info@boostperformance.ai