Provider: Jose Diego Botezelli PhD Inc., operating the website calculator.drbotezelli.com (and freedom@drbotezelli.com) (collectively "we", "us", or "our").
1. Acceptance of Terms
By accessing, viewing, or using the Legenda Tool (the "Tool") or any related content on our website, you agree to be bound by this Access Agreement and Terms of Use (the "Agreement"). If you do not agree, you must immediately leave the page and not use the Tool.
This is a legally binding contract. You accept it electronically by (a) checking the "I agree" box on the access form, (b) submitting your name, email, and signature, or (c) otherwise accessing or using the Tool. Under British Columbia's Electronic Transactions Act, such electronic acceptance is valid and enforceable.
Date of Agreement: The date of this Agreement shall be the date on which you submit the access form with your name, email, and digital signature (via Google email signature or equivalent).
2. Eligibility and Authorization
The Tool is provided exclusively for our current active clients who are enrolled in an active program with Jose Diego Botezelli PhD Inc. ("Active Clients"). Only Active Clients are authorized to access or use the Tool.
You represent and warrant that:
- You are an Active Client with a current, valid program; and
- You are accessing the Tool solely for your personal use in connection with that active program.
Old or former clients whose programs are no longer active, or any other person who is not an Active Client, is not authorized to access or use the Tool.
3. Unauthorized Access and Use
If you are not an Active Client (including former clients without an active program), any access or use of the Tool is strictly prohibited. However, by proceeding to access or use the Tool despite this prohibition, you expressly agree to the following:
You automatically enter into a one-time, non-exclusive, non-transferable license to use the Tool, and you agree to pay us a license/usage fee of CAD $500.00 (plus applicable taxes) immediately upon access. This fee is due within 30 days of our invoice. We will use the information you provide (name, email, IP address, and signature) to identify you and send the invoice.
You acknowledge and agree that this $500 fee is a reasonable and genuine pre-estimate of the damages and costs we incur from unauthorized access, including lost revenue opportunities, administrative and enforcement expenses, and the value of the proprietary Tool. Failure to pay may result in collection proceedings, interest at 1.5% per month, and legal costs.
We reserve the right to block your access, report the unauthorized use, and pursue any other remedies available at law or in equity.
4. Data Collection and IP Tracking
You consent to our collection, use, and disclosure of your personal information (including name, email, signature, and IP address) for the purposes of: (a) verifying your authorization, (b) enforcing this Agreement, (c) invoicing and collecting any fees, and (d) complying with applicable law. We handle this information in accordance with British Columbia's Personal Information Protection Act (PIPA). Our full Privacy Policy is available [link].
5. Intellectual Property
The Tool and all content are our proprietary materials. You receive no ownership rights. You may not copy, distribute, modify, reverse-engineer, or share the Tool or any outputs.
6. Disclaimers and Limitation of Liability
The Tool is provided "as is" without warranties of any kind. We are not liable for any damages arising from your use (or misuse) of the Tool. In no event shall our total liability exceed CAD $10.
7. Governing Law and Jurisdiction
This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You irrevocably attorn to the exclusive jurisdiction of the courts of British Columbia for any dispute.
8. General Provisions
- This Agreement may be updated by us at any time; continued use constitutes acceptance of the new terms.
- If any provision is held invalid, the remainder remains in force.
- No waiver of any breach is a waiver of any other breach.
- This Agreement constitutes the entire understanding between you and us regarding the Tool.
By clicking "I Agree" or submitting the access form with your name, email, and Google email signature, you confirm that you have read, understood, and agree to be legally bound by all of the above terms on the date you submit the form.
Scroll inside the box to read the full agreement.