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Software Agreement

I. INTRODUCTION


This Services and Software Agreement ("Agreement") is entered into as of date entered below (the "Effective Date") by and between Human Brain Box, a marketing agency ("Agency"), and customers name entered below.


This Agreement outlines the terms and conditions governing the marketing services to be provided by Human Brain Box to the Customer. Both parties acknowledge and agree to the responsibilities and expectations set forth herein, reflecting a collaborative effort to achieve marketing objectives in alignment with the Customer's business goals.


By entering into this Agreement, Human Brain Box and the Customer affirm their commitment to a partnership characterized by professionalism, transparency, and mutual respect. This document serves as the foundation for a successful collaboration, outlining the rights, responsibilities, and obligations of each party throughout the duration of the engagement.


Human Brain Box brings its expertise, creativity, and strategic vision to the table, aiming to deliver exceptional marketing services that drive tangible results for the Customer. This Agreement establishes a framework that ensures the protection of intellectual property, confidentiality, and the overall success of the marketing initiatives to be undertaken.


Both parties acknowledge their understanding of the terms and agree to abide by them throughout the course of this Agreement. We look forward to a productive and collaborative partnership that leverages the strengths and capabilities of Human Brain Box to contribute to the growth and success of the Customer.


II. SOFTWARE AGREEMENT


1. Overview


Human Brain Box Inc. (“Human Brain Box,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Privacy Policy”). This Privacy Policy describes how we collect and use your Personal Information when you visit our website at https://www.humanbrainbox.com or otherwise use the Platform as described further in the Terms of Service, and that you may provide in electronic messages to Human Brain Box.


Please read this Privacy Policy to understand our policies and practices regarding your Personal Information and how we will handle it. If you do not agree with our policies and practices, do not use the Platform. By accessing or using the Platform, you agree and consent to this Privacy Policy.


Human Brain Box may change this Privacy Policy at any time, at its discretion. Your continued use of the Platform after we make changes is deemed to be acceptance of and consent to those changes, so please check the Privacy Policy periodically for updates.


This Privacy Policy is subject to and governed by the Human Brain Box Terms of Service. The Services are part of the Platform and are described further in the Terms of Service.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or code of a destructive nature.

A breach or violation of any of the Terms will result in the immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Human Brain Box does not guarantee a minimum or maximum number of services or features , nor does Human Brain Box guarantee that items/features currently available will remain available in the future.

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information, which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.

We are not responsible for miscategorization of items, missing or damaged downloads, or install files.

We cannot be held liable under any circumstances for damage caused by downloading, installing, or using our services or software or any features/items offered on our site.

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products. However, we cannot guarantee that your device’s display will accurately represent colors.

We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

All descriptions of products or pricing are subject to change at any time without notice.

All items on the site are copyrighted by their respective owners, including Human Brain Box and third-party contributors.

2. The Types of Information That Human Brain Box Collects About You and How Human Brain Box Collects Information About You


Human Brain Box may collect two types of information from you when you visit the Platform: Personal Information and Non-Personal Information (collectively “Information”).


Personal Information: Refers to data by which you may be personally identified, such as name, email address, employer, job title and department, and telephone number.


Non-Personal Information: Means data that is about you but does not identify you specifically. If you do nothing during your visit to our Platform but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.


We collect Information:


Directly from you when you provide it to us: When you subscribe to a newsletter, create an account, make a purchase, or request information from Human Brain Box, we will ask for things like your name, contact, billing, shipping, and communication information, as well as account ID or credentials to fulfill your request. If you set up an appointment with us through the Platform, attend a trade show or event, or otherwise contact us, you may also voluntarily provide similar information. If you submit any Personal Information about other people to us or to our service providers, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Information in accordance with this Privacy Policy (for example, by asking for their consent).


From third parties: We obtain information through partners, vendors, suppliers, and other third parties. The parties from whom we obtain information are typically corporate enterprises (although some may also be educational or public enterprises) and may be located in any of the locations in which we do business. These enterprises largely fall into the following categories: Advertising and marketing companies, data set and information vendors, public database providers, social media platforms, partners, providers of products or services, hosts, or vendors at events or trade shows, research partners, or enterprises that use Human Brain Box Services. We take steps to confirm that information we receive from these third parties has been collected with your consent or that these parties are otherwise legally permitted to disclose your Personal Information to us. We might also obtain information through a partner or co-create datasets with a partner as part of our business operations. This kind of data is used for work like improving the Platform and other Human Brain Box Services, enhancing existing products, and developing new capabilities and features. In some cases, we combine Personal Information about individuals that we receive from multiple sources, including directly collected from you or through your use of the Platform.


Automatically as you navigate through the Platform or during the time in which you utilize our Services: We collect information about how you interact with the Platform through the use of cookies, pixel tags, and similar technologies. Please view our separate Cookies Policy for more information on our use of cookies and similar technologies, how you can manage cookies, and how we respond to Do Not Track signals.


3. How Human Brain Box Uses Personal Information It Collects About You and the Purposes for the Collection and Use


We use Personal Information that we collect about you or that you provide to us for the following purposes:


For Functionality and Development of the Platform and Human Brain Box Services:


- We use information to provide, offer, and personalize the Platform and other Human Brain Box Services provided to you.

- Some information, like your IP address, is used to communicate with your device to provide network connectivity, measure usage levels of the Platform, diagnose server problems, and provide security features.

- Other business purposes that depend on the use of your information include data analysis related to testing, modifying, improving, or developing new products, services, and technologies, and to identify trends.

- We use cookies to make our websites and the Platform operate, work more efficiently, and provide analytic information. Technologies similar to cookies, such as pixel tags, are also used in connection with the Platform. For more information on our use of cookies, please read our Cookies Policy.


For Customer Support, Platform Updating, and Reporting:


-The Platform may use information to provide Human Brain Box with updates and reports, and to check that the Platform is working properly.

-Update functions may automatically check your system to see whether files need to be refreshed, updated, or modernized, in order to provide you with the up-to-date security, versions, features, options, and controls associated with your systems or devices.

-We rely on information to analyze performance and improve and maintain the Platform.

-We also rely on Personal Information you provide to us to provide you with customer support for the Platform and other Human Brain Box Services, and to verify eligibility for promotional offers.


For Business Operations:


- We use information to operate our business, including performing accounting, auditing, billing, reconciliation, and collection activities.

- Other business purposes that depend on the use of your Personal Information include crime or fraud monitoring and prevention, protecting our legal rights, and performing contractual obligations.

- We also use Personal Information to contact you to advertise, market, and sell Human Brain Box Services in accordance with your communications preferences.


To Communicate:


- We use contact information to send messages; to provide Human Brain Box Services; to respond to customer service requests; to provide alerts such as security updates or changes in our policies or about subscriptions that are ending; and to send marketing or informational materials like newsletters or white papers, in accordance with your communication preferences.

- We occasionally conduct surveys, or do focused research or studies which may require you to voluntarily share Personal Information to participate. These activities typically have additional notices that provide more information about the use of your Personal Information and to which you may be asked to consent.


For Advertising and Marketing:


- We may use Personal Information collected from you, combined with information about what advertisements you viewed and other information we collect, to enable us to provide personalized content and to study the effectiveness of advertising and marketing campaigns.

- You may choose whether to allow or deny uses or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, we may not be able to provide you with certain personalized Human Brain Box Services and content on the Platform.


For Statistical Purposes to Improve the Platform:


- We may compile Platform statistics into traffic reports, which help Human Brain Box understand, anticipate, and respond to user needs.

- If we learn, for example, of heightened interest in certain aspects of the Human Brain Box Platform, we are likely to highlight that information on the Platform home page. This Information helps us create a better overall experience for Platform users.


LEGAL BASIS FOR OUR USE (APPLICABLE ONLY TO EEA AND UNITED KINGDOM VISITORS):


If you are in the European Economic Area or the United Kingdom, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.


However, we will collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, where we have a legal obligation to do so, or where the processing is in our legitimate interests (such as processing for administrative purposes, direct marketing, product development, or improvement, preventing fraud or criminal acts, and in support of information security) and not overridden by your data protection interests or fundamental rights and freedoms.


If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the time of collection. We will also tell you whether the requirement for that information is mandatory and explain any consequences to you if you do not provide the information.


Similarly, if we collect and use your Personal Information based on our legitimate interests (or those of any third party), we will take reasonable steps to provide clear notice and describe our legitimate interests.


Human Brain Box is the Data Controller of all Personal Information collected through the Platform in the EEA and the United Kingdom, except with respect to the Services (where Human Brain Box is the Data Processor) or where a supplemental Privacy Policy says otherwise. The contact details for Human Brain Box are set out in the "HOW TO CONTACT US” section.


If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information for any specific processing activity, please contact us using the contact details provided under the “HOW TO CONTACT US” Section below.


RETENTION OF YOUR PERSONAL INFORMATION:


We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements and for other purposes described in this Privacy Policy. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.


To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements. In some circumstances, you can ask us to delete your data: see “YOUR LEGAL RIGHTS” below for further information. And in some circumstances, we will anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.


4. How Human Brain Box Protects Your Information


The Platform is designed to provide reasonable and appropriate administrative, technical, and organizational security measures to protect your Personal Information against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use, or disclosure. We require our suppliers and vendors to apply similar protections when they access or use Personal Information that we share with them. Users of the Platform must also do their part in protecting the data, systems, networks, and service they are utilizing. No technology, data transmission, or system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that your password to any Human Brain Box account has been compromised), please immediately notify us by contacting us using the instructions in the “HOW TO CONTACT US” section below.


5. When Human Brain Box Shares Your Information


We work through our affiliates to provide the Platform and other Human Brain Box Services. We also work with authorized suppliers and business partners. When we share your Personal Information with these companies, we put in place appropriate measures to limit the use of your information only for legal and authorized purposes that are consistent with this Privacy Policy, as well as appropriate confidentiality and security measures.


We also share information with third parties for advertising and marketing; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of the Platform; and to protect our legal rights. We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:


With Affiliates and Subsidiaries: For purposes limited to and consistent with this Privacy Policy.


With Suppliers: Our authorized vendors and suppliers may require Personal Information to provide services we have contracted for, such as product delivery, website hosting, data analysis, IT services, auditing, or customer service. We use a wide variety of software and tools at Human Brain Box, and we process Personal Information using these tools as a regular course of business. Our contracts with suppliers and vendors include provisions to protect your Personal Information and limit its use.


With Partners: We occasionally have relationships with third parties that are not suppliers or vendors but are working with us to offer certain opportunities such as marketing and similar promotions, to enable joint products or research studies, or to facilitate services on the Platform. In these cases, additional terms or Privacy Policies may be provided. For third parties or uses not described in this Privacy Policy, we share your information only with a lawful basis to do so.


For Advertising and Marketing: We share your information with our third-party company partners to prepare and deliver advertising and marketing content, to provide content services and to enable them to provide you with more personalized ads and to study the effectiveness of our campaigns.


- In particular, we use third-party companies to communicate regarding goods and services that may be of interest to you, in accordance with your preferences. You may receive this content by a variety of means such as email, phone or when you access and use the Platform or other Human Brain Box Services, and other websites. Content may be based on information obtained, for example, through prior purchases or transactions, through your device’s physical location, through information about what advertisements and content you have viewed, or through cookies and similar technologies relating to your access to and use of the Platform and other websites. Please read our Cookies Policy for more information. You can choose whether to allow or deny uses and/or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, our partners may not be able to provide you with the applicable Platform Services and content.


Sales, Mergers & Acquisitions: We may disclose Personal Information as part of a contemplated or actual corporate transaction such as a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

With Your Consent: Human Brain Box may disclose your Personal Information to any other person or entity where you consent to the disclosure. For information about how to decline our advertising and marketing, please see the section entitled "Your Choices & Rights" below.


We also share non-personally identifiable information, such as anonymized or aggregated information, with suppliers for purposes such as analysis, identifying trends in the areas of our products and to help research and develop new Human Brain Box Services.


Human Brain Box does not sell any of your Personal Information for monetary compensation.


6. Information From Children


We do not knowingly collect, use, or disclose Information from children under 16. If we learn that we have collected the Personal Information of a child under 16—or the equivalent minimum age depending on the jurisdiction, such as 13 in the United States per the Children’s Online Privacy Protection Act—we will take steps to delete the information as soon as possible. If you are under 16, do not provide any Information about yourself to Human Brain Box, including your name, address, telephone number, or email address. If you become aware that Information of a child under 16 years of age has been provided, please use one of the methods provided under the “HOW TO CONTACT US” section below.


7. Links to Other Websites and Services


We are not responsible for the practices employed by websites or services linked to or from the Platform, including the information or content contained therein. This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not operating on Human Brain Box’s behalf, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure. This includes: (a) any third party operating any site or service to which the Platform links – the inclusion of a link on the Platform does not imply endorsement of the linked site or service by us or by our affiliates; or (b) any app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer (such as Facebook, Apple, Google, Microsoft, LinkedIn, etc.) - including any Personal Information you disclose to other organizations through or in connection with the Platform or other Human Brain Box Services.


8. Do Not Track


Some browsers incorporate a "Do Not Track" (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Platform does not respond to DNT signals.


9. YOUR LEGAL RIGHTS


Human Brain Box respects your rights in how your Personal Information is used and shared. Depending on where you live, you may have rights to request access or corrections to your personal data and make choices about the kinds of marketing materials you receive (or choose not to receive marketing from Human Brain Box at all). See below for more information, depending on your location.


10. European Privacy Rights


If you are in Europe, you may have additional rights under the GDPR, the UK GDPR, or nFADP. Additional choices and rights may be available to you depending on which Human Brain Box Services you use.


Access, Correction to or Deletion of Your Information:


If you would like to correct or update your Personal Information, or to request access to or deletion of your Personal Information, you may contact us by visiting the Platform or by using the contact details provided under the “HOW TO CONTACT US” section below. If you request a change to or deletion of your Personal Information, please note that we may still need to retain certain information for record-keeping purposes, and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Some of your information may also remain within our systems and other records where necessary for compliance with applicable law.


At your request and where the law requires us to do so, we will confirm what Personal Information we hold about you. You may also have a legal right to obtain a copy of your Personal Information. You can make such a request by making a written request in one of the ways described in the “HOW TO CONTACT US” section below. We may charge a processing fee for this service where permitted by law and we will require evidence of your identity before fulfilling your request.


Data Privacy Rights Specific to Individuals in the European Economic Area, the United Kingdom, and Switzerland:

You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your Personal Information. You can exercise these rights by making a written request in one of the ways described in the “HOW TO CONTACT US” section below.


Similarly, if we have collected your Personal Information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect (1) the lawfulness of any processing we conducted prior to your withdrawal, or (2) processing your Personal Information under other legal bases.


If you believe we are using your Personal Information in a way that is inconsistent with this Privacy Policy or for more information about your rights, contact your local data protection authority. Additionally, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, you may contact JAMS Mediation, Arbitration, and ADR Services (https://www.jamsadr.com/eu-us-data-privacy-framework) to address complaints and provide appropriate recourse free of charge to you. Under certain conditions, you may invoke binding arbitration.


Advertising and Marketing Choices:


We give you many choices regarding our use and disclosure of your Personal Information for advertising and marketing purposes. You may access or update your contact details and modify your communication preferences by using one of the methods provided under the “HOW TO CONTACT US” section below. Please also note that if you choose not to receive marketing communications from us, we may still send you communications related to your products or the Platform, such as information about a security update, service issue, or product delivery. Some advertising content is delivered through the Platform’s use of cookies and similar technologies. Our Cookies Policy includes more information on Human Brain Box’s use of such technologies for advertising and other purposes.


11. International Compliance


Human Brain Box is a global company with its headquarters in the United States. As such, we may transfer your Personal Information between the United States and our affiliates and business partners in other countries. We may also transfer your Personal Information to our third-party service providers, who may be located in a different country from you.


Human Brain Box transfers information internationally to operate efficiently, improve performance, and create redundancies to protect information in the event of an outage or other problem. In doing so, we will process your Personal Information in a way that meets the commitments of this Privacy Policy and complies with the law wherever we transfer it.


Whenever Human Brain Box transfers Personal Information beyond the country of origin, we will do so in accordance with applicable laws. For Personal Information originating in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland that is transferred to a Human Brain Box entity outside the EEA, UK, or Switzerland, Human Brain Box participates in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable, the UK extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). Human Brain Box commits to the DPF Principles and, as needed, will take additional steps to provide appropriate safeguards for the Personal Information we transfer. The Federal Trade Commission has jurisdiction over Human Brain Box’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. Human Brain Box may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Human Brain Box is liable in cases of onward transfers to third parties.


12. Data Privacy Framework


Human Brain Box Inc. and LeadConnector LLC comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Human Brain Box has certified to the U.S. Department of Commerce that Human Brain Box and LeadConnector adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Human Brain Box has certified to the U.S. Department of Commerce that Human Brain Box and Leadconnector adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program and to view our certification, please visit https://www.dataprivacyframework.gov/.


13. California Privacy Rights


This section is addressed to California residents only and provides more information about your rights under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq.), as amended. Subject to certain exceptions, the CCPA grants to California residents the rights to: be notified about the collection, use, disclosure, sale, or sharing of their Personal Information; request access to, deletion of, or correction of their Personal Information; request to opt out of the “sale” or “sharing” of Personal Information (where such information is sold or shared); limit the use or disclosure of Sensitive Personal Information (as defined under CCPA); and to not be discriminated against for exercising such rights.


Human Brian Box does not sell your Personal Information. If you wish to exercise your right to opt-out of Human Brian Box using your Personal Information for cross-contextual targeted advertising purposes (called “sharing” under the CCPA), you may do so by using the details in the “HOW TO CONTACT US” section or the appropriate withdrawal mechanism provided to you on the Platform.


You can request access to, correction of, or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Human Brian Box may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CCPA. If you submit a request to exercise rights under CCPA, Human Brian Box will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Human Brian Box and the sensitivity of Personal Information at issue. If Human Brian Box denies your request, we will explain why.


You can designate an authorized agent to make a request under the CCPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, Human Brian Box may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CCPA. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps, and Human Brian Box will respond to any request from such authorized agent in accordance with the CCPA.


The Privacy Policy describes the categories of Personal Information that Human Brian Box collects and how Human Brian Box uses such Personal Information. If Human Brian Box collects Sensitive Personal Information, we limit our use of the Sensitive Personal Information to uses: (1) you have authorized, (2) that are required to fulfill your requests for goods or services, or (3) that are otherwise allowed by the CCPA or required by other laws or regulations.


The categories of Personal Information collected, disclosed, and sold from California residents over the preceding 12 months and Human Brian Box’s applicable retention periods.


14. Colorado Privacy Rights


This section is addressed to Colorado residents only and provides more information about your rights under the Colorado Privacy Act or “CPA.” Subject to certain exceptions, the CPA grants to Colorado residents the rights to: be notified about the collection, use, disclosure, or sale of their Personal Information; request access to, deletion of, or correction of their Personal Information; and request to opt out of the use of Personal Information for targeted advertising, sale, or certain profiling.


You can request access to, correction of, or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Human Brian Box may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CPA. If you submit a request to exercise rights under CPA, Human Brian Box will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Human Brian Box and the sensitivity of Personal Information at issue. If Human Brian Box denies your request, we will explain why. If we have not responded to your request or asked for additional time to respond to your request within 45 days after you send us a request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US” section.


You can designate an authorized agent to make a request under the CPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, Human Brian Box may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CPA.


15. Connecticut Privacy Rights


This section is addressed to Connecticut residents only and provides more information about your rights under the Connecticut Data Privacy Act or “CTDPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action by contacting us using the details in the “HOW TO CONTACT US” section.


16. Utah Privacy Rights


This section is addressed to Utah residents only and provides more information about your rights under the Utah Consumer Privacy Act or “UCPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section.


17. Virginia Privacy Rights


This section is addressed to Virginia residents only and provides more information about your rights under Virginia’s Consumer Data Protection Act or “VCDPA.” Subject to certain exceptions, the VCDPA grants to Virginia residents the rights to: be notified about the collection, use, disclosure, or sale of their Personal Information; request access to, deletion of, or correction of their Personal Information; request to opt out of the use of Personal Information for targeted advertising, sale, or certain profiling; and to not be discriminated against for exercising such rights.


You can request access to, correction of, or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Human Brian Box may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by VCDPA. If you submit a request to exercise rights under VCDPA, Human Brian Box will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Human Brian Box and the sensitivity of Personal Information at issue. If Human Brian Box denies your request, we will explain why. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US'' section.


18. How To Contact Us About This Privacy Policy


To ask questions about this Privacy Policy and our privacy practices, contact us at contact@humanbrainbox.com.


19. Software Use and Compliance Agreement

19.1 Intended Use:
Human Brain Box software is expressly designed to support opted-in, permission-based follow-up. It is not to be used for unsolicited communications, including spamming, which is strictly prohibited. The Customer agrees to use the software solely for lawful and ethical communication purposes, ensuring that all recipients have explicitly provided consent to receive communications.


19.2 Customer Responsibility and Liability Waiver:
The Customer acknowledges and agrees that they are fully responsible for their compliance with all applicable federal, state, and local laws and regulations, including but not limited to the CAN-SPAM Act, TCPA, GDPR, or any other relevant guidelines governing digital communications. Human Brain Box shall not be held liable for any misuse of the software by the Customer or for any legal actions arising from the Customer’s use of the software’s features.


19.3 No Guarantee of Feature Availability or Performance:
Human Brain Box does not guarantee the continued availability or performance of any specific feature within the software. Features may be modified, discontinued, or unavailable at Human Brain Box’s sole discretion. The Customer agrees to hold Human Brain Box harmless for any disruptions or changes to software features.


19.4 A2P Compliance and Approval:
The Customer understands that approval for A2P (Application-to-Person) messaging is verified by a third-party entity, and Human Brain Box cannot guarantee that the Customer will receive approval. The Customer is solely responsible for all costs associated with A2P approval submissions.


19.5 EIN Requirement for A2P:
The Customer acknowledges that an Employer Identification Number (EIN) is typically required to complete the A2P approval process. The Customer accepts full responsibility for obtaining and providing an EIN, as needed, to meet third-party verification requirements.


III. COOKIES


This Cookie Policy explains how Human Brian Box Inc. (“Human Brian Box,” “we,” “us,” and “our”) uses cookies and similar technologies to recognize you when you visit our website at humanbrainbox.com (“Website”). It explains what these technologies are and why we use them, as well as your rights to control our use of them. In some cases, we may use cookies to collect Personal Information (as defined in our Privacy Policy) or information that becomes Personal Information if we combine it with other information.


What are Cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work, or to work more efficiently, as well as to provide reporting information. Cookies set by the website owner (in our case, Human Brian Box Inc.) are called “first-party cookies.” Cookies set by parties other than the website owner are called “third-party cookies.” Third-party cookies enable third-party features or functionality to be provided on or through the website (for example, advertising, interactive content, and analytics). The parties that set these third-party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.


Why do we use Cookies?

We use first-and third-party cookies for several reasons. Some cookies are required for technical reasons for our Website to operate. We refer to these types of cookies as “essential” or “strictly necessary” cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Website. Third parties serve cookies through our Website for advertising, analytics, and other purposes. This is described in more detail below.


How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie rights by setting your preferences in the Cookie Consent Manager. The Cookie Consent Manager allows you to select which categories of cookies you accept or reject. Essential cookies cannot be rejected as they are strictly necessary to provide you with services.

The Cookie Consent Manager can be found in the notification banner and on our Website. If you choose to reject cookies, you may still use our Website though your access to some functionality and areas of our Website may be restricted. You may also set or amend your web browser controls to accept or refuse cookies.


What are the different types of cookies that websites might use?

Below are the specific types of first- and third-party cookies that may be served through our Website and the purposes they perform (if used):


- Essential website cookies: These cookies are strictly necessary to provide you with services available through a website.

- Performance and functionality cookies: These cookies enhance the performance and functionality of a website but are non-essential to its use. However, without these cookies, certain functionality may become unavailable.

- Analytics and customization cookies: These cookies collect information used either in aggregate form to help a website owner understand how its website is being used or how effective its marketing campaigns are, or to help customize its website for you. The analytics providers may collect additional information than is shared with us for their business purposes. Analytics providers may also use other types of technology, in addition to cookies, to collect data regarding your use of our website.

- Advertising cookies: These cookies make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.

- Social networking cookies: These cookies enable you to share pages and content that you find interesting on a website through third party social networking and other websites. These cookies may also be used for advertising purposes too.


What about other tracking technologies, like web beacons?

Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”). These are tiny graphics files that contain a unique identifier that enables us to recognize when someone has visited our Website or opened an email including them. This allows us, for example, to monitor the traffic patterns of users from one page within a website to another, to deliver and communicate with cookies, to understand whether you have come to the website from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of email marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.

Our analytics providers may also use web beacons and other types of technologies to collect data regarding your use of our website. For more information about our analytics providers and the technologies they use, please visit their websites at Google Analytics and Pendo.


Do you use Flash cookies or Local Shared Objects?

Websites may also use so-called “Flash Cookies” (also known as Local Shared Objects or “LSOs”) to, among other things, collect and store information about your use of our services, fraud prevention, and for other site operations.


If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage using the tool contained in the Website Storage Settings Panel. You can also control Flash Cookies by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash Cookies (referred to “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash Cookies that are not being delivered by the operator of the page you are on at the time).


Please note that setting the Flash Player to restrict or limit acceptance of Flash Cookies may reduce or impede functionality of some Flash applications, including, potentially, Flash applications used in connection with our services or online content.


Do you serve targeted advertising?

Third parties, such as analytics providers and social media companies, may serve cookies on your computer or mobile device to serve advertising through our Website. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in. They may also employ technology that is used to measure the effectiveness of advertisements. They can accomplish this by using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. While the information collected through this process does not enable us to identify your name, contact details, or other details that directly identify you unless you choose to provide these, the third parties may collect information that is considered to be personal information under certain state, federal, or international laws, particularly if you are logged into another account while visiting our site, such as Gmail or Facebook.


How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal, or regulatory reasons. Please revisit this Cookie Policy regularly to stay informed about our use of cookies and related technologies. The date at the top of this Cookie Policy indicates when it was last updated.


Where can I get more information?

If you have any questions about our use of cookies or other technologies, please email us at contact@humanbrainbox.com.


IV. SERVICES AND SCOPE OF WORK


The scope of work is meticulously detailed on the Software and Services pages provided by Human Brain Box. It's important to note that this scope of work is subject to possible changes, and any modifications will be promptly communicated to the Customer through appropriate channels.


In understanding and acceptance of the terms, the Customer explicitly recognizes that Human Brain Box is not under any obligation to assure specific results arising from the use of the provided software and services. The responsibility for all outcomes, successes, and results derived from the utilization of these tools rests entirely with the Customer.


Human Brain Box retains the right to adjust the scope of work as outlined on the Software and Services pages. Any such alterations will be communicated to the Customer in a timely and transparent manner.


V. DEFINING AGREEMENT


a. Timeline


The timeline for this agreement remains ongoing, and the details of the software and services, along with payment options, are specified on humanbrainbox.com. It's important to note that these offerings are subject to potential changes, and both new and existing customers are expected to agree to any modifications.


b. Compensation


For all services: It is important to note that if monthly usage costs are not paid within 2 business days of the invoice, the Agency reserves the right to disable all features with usage costs until the outstanding amount is paid in full. If these costs remain unpaid for 30 days, the Agency has the right to deactivate the account until full payment is received. If the payment is not made within 60 days, the Customer's account will be permanently deleted. Please be aware that there are no refunds for services and software accounts that are deleted after 60 days due to unpaid usage costs.

Please be aware that all payments made to the agency are non-refundable, regardless of whether the customer chooses to cancel the agreement.


c. Intellectual Property


Recognizing the significance of intellectual property in our collaboration, this Agreement emphasizes Human Brain Box's ownership of creative content, marketing strategies, and proprietary methodologies developed during our partnership. The Customer acknowledges the exclusive rights of Human Brain Box over the intellectual property generated. While the Agency grants a limited license for the Customer's use, any usage beyond the agreed scope requires written consent. This Agreement ensures transparency, fostering a cooperative relationship while preserving the Agency's valuable intellectual assets.


d. Confidentiality


At Human Brain Box, we recognize the trust you place in us by sharing valuable business insights, strategies, and proprietary data. This agreement underscores our dedication to safeguarding and preserving the confidentiality of your information. Whether it be business plans, client lists, financial data, or any proprietary details, rest assured that the Agency is fully committed to treating such information with the utmost discretion and implementing robust measures to ensure its confidentiality.


e. Termination


Termination of this Agreement may transpire through mutual consent, in the event of a material breach with a specified remedy period, at the Client's discretion with advanced notice, or immediately in the case of insolvency. Both Parties pledge to engage in a cooperative and good-faith transition period, streamlining the transfer of essential accounts and materials. The Client undertakes to resolve any outstanding payments for services provided by the Agency up to the termination date.


1. Trial Period Agreements: All agreements with an x-day trial period are eligible to be canceled within the agreed days. The customer is responsible for canceling the agreement within 24 hours of the specified x-day period to terminate the agreement. For a 30-day agreement, cancellation is permissible within 24 hours of the last day of the 30-day agreement. Cancellation notices must be emailed to the customer's marketing success manager.


2. Open-Ended Software and Services Termination: Customers have the option to terminate an open-ended software and services agreement during the middle of the agreement. However, termination does not exempt the customer from owed payments. The customer acknowledges and agrees that Human Brain Box will determine the amount payable for the work completed up to the termination date.


f. Governing Laws


The Client acknowledges that certain features within the Human Brain Box software, including telemarketing, emailing, SMS texting, and related functionalities, are contingent upon compliance with state and federal laws. In the event of non-compliance, the Agency retains the right to promptly and without prior notice restrict, suspend, or terminate these features. The Agency assumes no responsibility for any consequences arising from such actions, and the Client accepts that no refunds or compensation will be provided for the loss of access to these features due to non-compliance. The Client releases the Agency from liability associated with the inability to use specific software features, and both parties agree to abide by governing laws. The Client further commits to promptly rectify non-compliance issues to potentially reinstate the affected features at the Agency's discretion.


g. Compliance and Regulations


Human Brain Box is not responsible for a customer's compliance policies within their industry or business. It is the customer's responsibility to ensure that all services used and work completed by Human Brain Box have been approved by themselves and those within their industry or business. The customer holds Human Brain Box harmless for any legal costs associated with compliance and regulations.


h. Breach of Contract


In the event of a breach of this marketing agency agreement by either party, the non-breaching party reserves the right to provide written notice to the breaching party specifying the nature of the breach. The breaching party shall have a specified cure period, not to exceed 30 days, to remedy the breach. If the breach remains uncured after the cure period, the non-breaching party may terminate this agreement immediately upon written notice. In case of termination due to a breach, the breaching party shall be liable for any damages incurred by the non-breaching party as a result of the breach. This provision shall not limit any other rights or remedies available to the non-breaching party under applicable law.


i. Dispute Resolution


Negotiation: In the event of a dispute, the parties commit to making reasonable efforts to reach a resolution through good faith negotiation. Mediation/Arbitration: If the dispute remains unresolved through negotiation, either party may initiate mediation or binding arbitration in a forum mutually agreed upon by both parties. Attorney's Fees: Should arbitration or mediation be pursued, the prevailing party is entitled to recover its legal fees, encompassing, but not limited to, attorneys' fees.


j. Limitation of Liability


Under no circumstances shall either party be liable to the other party or any third party for any damages resulting from any part of this agreement, such as, but not limited to, and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, to the extent caused by or arising out of or relating to the work of Human Brain Box. loss of revenue or anticipated profit, lost business, costs of delay, or failure of delivery, which are not related to or the direct result of a party's negligence or breach.


k. Terms of Use:


1. The Customer agrees to use the software for its intended purpose and in compliance with all applicable laws and regulations.


2. The Agency reserves the right to modify or discontinue any feature of the software, with reasonable notice provided to the Customer.


VI. CUSTOMER SATISFACTION


Customer Satisfaction Commitment:The Agency is dedicated to providing top-tier marketing services, ensuring customer satisfaction remains a central focus throughout our partnership. Our commitment involves striving to meet and surpass client expectations, aligning our services with their goals and objectives.


Communication and Feedback:Both parties acknowledge the significance of open and transparent communication in achieving customer satisfaction. The Client commits to promptly communicating any concerns, feedback, or issues related to the provided services. In turn, the Agency commits to actively seeking and receiving client feedback, using it to enhance and refine our services continually.


Continuous Improvement:Understanding that customer satisfaction is dynamic, the Agency and the Client agree to engage in an ongoing process of improvement. The Agency will assess feedback, identify areas for enhancement, and implement necessary changes to better align with the client's expectations.


Customer Satisfaction Surveys:To measure customer satisfaction and gain valuable insights, the Agency may conduct periodic customer satisfaction surveys. The Client agrees to participate in these surveys, providing honest and constructive feedback that aids in the continual improvement of services.


Confidentiality and Privacy:Acknowledging the confidential nature of client feedback, the Agency pledges to treat such information with the utmost confidentiality. Respecting the privacy of the Client is integral to the Agency's commitment to customer satisfaction.


Mutual Understanding:Both parties recognize that achieving and maintaining customer satisfaction requires mutual understanding, collaboration, and shared goals. The Client and the Agency pledge to work together to foster a positive and productive working relationship.


VII. BUSINESS ACKNOWLEDGES THEIR AWARENESS


In the collaborative effort between Human Brain Box and the customer, especially when the customer serves as a sales agent for a business, it is strongly encouraged that the owner of the business acknowledges their awareness and approval of the payments, software, and services provided to the sales agent. This acknowledgment is instrumental in establishing transparent communication and accountability, fostering a collaborative and well-informed partnership among all involved parties.


Software Usage Costs:


Customers have the flexibility to decide whether or not to use the additional features of their personal software account. Opting to utilize all features involves the responsibility of covering the associated monthly costs. It's crucial to note that these monthly usage costs are distinct and not included as part of the free software service.


Furthermore, regardless of the chosen payment option (monthly, upfront, or delayed), it's important to understand that the fees associated do not encompass the monthly usage costs incurred during software utilization. The costs for software usage in the preceding month will be reflected and added to the subsequent month's invoice. This ensures a transparent and clear delineation of costs related to both the services and software usage.

Get a Client to Close in 30 Days—Without Spending $1 on Ads”:

Agreement “Get a Client to Close in 30 Days—Without Spending $1 on Ads”.

This Agreement ("Agreement") is entered into between Human Brain Box ("Company") and Customer Name Entered and Signed on Web Form ("Customer") for participation in the Get a Client to Close in 30 Days—Without Spending $1 on Ads  ("Program").


1. Program Overview


The Company agrees to help the Customer identify their first potential client from their sphere of influence—whether through referrals or other methods—at no upfront cost. In return, the Customer agrees to sign up to the Company’s annual software plan for $3,540.00 once the initial client identification process is complete and profitable.


2. Customer Responsibilities


To participate in the Program, the Customer agrees to:

- Identify and add 15+ ideal client profiles within their sphere of influence to the software account as quickly as possible.

- Try to ask at least 5 potential clients per week if they would be willing to refer, and if they say yes, ask: "Who do you know that fits the ideal client profile?"

- Actively engage in the process and follow the provided steps.

- Respond to follow-ups and communications necessary for lead conversion.

-Implement suggested outreach and follow-up strategies.


3. Sign Up Commitment


- The Customer acknowledges that the Company has demonstrated that closing clients using the software as part of their sales activities is possible.

- Upon receiving assistance in identifying their first client, the Customer agrees to subscribe to the annual software plan for $3,540.00 to continue leveraging the system for ongoing client acquisition and business growth.

- The subscription will be billed annually, and failure to complete payment may result in termination of access to the software and Program resources.


4. No Upfront Cost & Active Participation Requirement


Since the Company is offering this service without an upfront fee, the Customer is required to actively participate in identifying and engaging with their ideal clients. Lack of participation, including failure to add client profiles or ask for referrals as outlined, may result in removal from the Program.


5. Acknowledgment & Agreement


By signing below, the Customer acknowledges that they have read, understood, and agree to the terms of this Agreement.

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By electronically signing, I acknowledge and agree to all terms outlined in this Services and Software Agreement, including all associated items.

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