Strategy OS App™ Terms & Conditions
In order to use Strategy OS App™, please accept our Terms & Conditions
STRATEGY OS APP MEMBERSHIP AGREEMENT (updated 12/29/2023)
The terms and conditions (“Terms”) of this membership agreement (“Agreement”) govern your use of Strategy OS App and the provision of Our Services through Strategy OS App. As used herein “Strategy OS App” refers to the Strategy OS App website itself (StrategyOS.app) and any services we provide through the website.
These Terms are a contract between you and Entrepcoach LLC, dba Steve Preda Business Growth (“SPBG™”, “Our”, “We” and “Us”). You must read and agree to these Terms before using Strategy OS App. If you do not agree, you may not use Strategy OS App. These Terms describe your rights and responsibilities as well as what you can expect from Strategy OS App.
By clicking “Accept” at the top of this Agreement, you acknowledge that you have read this Agreement, that you understand its Terms, and that you agree to be legally bound by this Agreement and its Terms.
If you create a Strategy OS App account for another person solely as a means for subsidizing their fees for the account, you (“Patron”) must notify that person (“Beneficiary”) that Beneficiary’s ability to use Strategy OS App is conditioned on Beneficiary’s acceptance of these Terms. Patron may not share the Beneficiary’s account, and must have their own account to receive any of the account-holder benefits described below.
No matter who created your account for Strategy OS App, your use of Strategy OS App serves as an acknowledgment that you understand these Terms and agree to be bound by them.
We own and operate Strategy OS App and reserve the right to add, delete, and/or modify any of the Terms, at any time and in Our sole discretion, by posting a change notice or a new Terms on Strategy OS App. In the event of material changes to these Terms, you will be notified by email and/or will be presented with notice upon logging in to Strategy OS App.
The territory of this Agreement is worldwide.
- Our Services
- Strategy OS App is provided solely for the purpose of helping individuals become experts at using Our content, model, tools and process to implement Strategy OS® (the Strategy Operating System®) as exactly as possible into their organization or other organizations.
- If you subscribe to Strategy OS App, You agree to pay the monthly membership fee (“Monthly Membership Fee”) in effect. You agree to, and authorize automatic recurring billing of the Monthly Membership Fee to your credit card until your Strategy OS App membership is canceled or terminated.
- The Monthly Membership fee as of April 10, 2023 will be $495 per month.
- You understand and agree the Monthly Membership Fee is not refundable and will not be prorated. For example, if you cancel your Strategy OS App account or We terminate your Strategy OS App account before the end of a monthly billing period for which you have paid for access to Strategy OS App, you will not be refunded for the remaining days in the monthly billing period. We reserve the right to change the Monthly Membership Fee in the future. Any change in the Monthly Membership Fee will be effective not less than thirty (30) days following either Our dispatch of a notice to you or Our posting of such change on Strategy OS App.
- Use of Strategy OS App
- We will only knowingly provide access to Strategy OS App to anyone that can lawfully enter into and form contracts under applicable law. Strategy OS App is not for individuals under the age of 18 and any such use is prohibited.
- You must comply, at all times, with all of these Terms, Strategy OS Applicable agreements and policies referred to in these Terms, and all applicable laws, regulations, and rules when you use Strategy OS App.
- All intellectual property and other rights, title, and interest in and to Strategy OS App, including the registered and unregistered trademarks and copyrights related to Strategy OS App, and the content and materials accessible on and/or through Strategy OS App are owned by Us. Except as otherwise provided in these Terms, You will not acquire any right, title, or interest in such intellectual property rights or otherwise.
- Subject to the limitations and criteria below and your compliance with these Terms, We grant you a limited, personal, non-exclusive, non-transferable, and revocable license (“Limited License”) to access and use Strategy OS App and its content.
- You understand that only you may use your Strategy OS App user account and password, and that your Strategy OS App membership is only valid for your personal use and may not be utilized by or shared with others. If you use Strategy OS App and/or conduct yourself in a manner that exceeds the scope of the Limited License or breaches any of these Terms, your Limited License shall terminate immediately and We may pursue all legal remedies available to Us under these Terms and the law.
- Copyrights
- SPBG. is the owner and entity having the exclusive right to sub-license the copyrights in all content on or accessible through Strategy OS App, such as text, graphics, logos, images, audio clips, information, data, graphs, videos of Strategy OS and other material (the “Website Content”), and in the content of its written materials, including the Strategy OS Activation Handbook™ (“Written Materials”).
- The Limited License permits you to access and use the Website Content, which right is conditioned on your compliance with the Terms.
- You may not download videos and/or audio clips from Strategy OS and/or audio clips from Strategy OS App, unless otherwise specified by Us. Other Website Content may be downloaded for your personal use, but may not otherwise be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise shared with others for any purpose whatsoever unless We expressly grant that permission for specific content items.
- You may not modify, sell, transfer, assign, license, sublicense or modify any of the Website Content or Written Materials, or create derivative works based on the Website Content or Written Materials without Our express authorization.
- Trademarks
- SPBG is the owner of the trademarks (“Trademarks”) shown in our intellectual property microsite (ip.stevepreda.com) (“IP Microsite”).
- If you are a Strategy OS App subscriber and are an SPBG Guide™ certified to teach or facilitate Strategy OS tools and concepts as defined in the “SPBG METHOD IP USAGE AND GUIDE STANDARDS GUIDELINES” , the Limited License includes a limited, non-exclusive, non-transferable, revocable license to use the Trademarks, in accordance with the terms of the “SPBG METHOD IP USAGE AND GUIDE STANDARDS GUIDELINES” and any guidelines on the IP Microsite (collectively, the “SPBG METHOD IP USAGE AND GUIDE STANDARDS GUIDELINES” and guidelines from the IP Microsite will be referred to as the “Guidelines”), subject to the limitations discussed in this Agreement.
- If you are not an SPBG Guide™ certified to teach and facilitate Strategy OS, your Limited License does not include a license to use the Trademarks.
- You may not refer to yourself as a certified individual with reference to Strategy OS or any Strategy OS tool, unless you have written approval from SPBG to refer to yourself as such, and that written approval has not been revoked.
- You agree that your use of the Trademarks inures to the benefit of Us and that you shall not acquire any rights in the Trademarks.
- You agree not to utilize any foreign translations of the Trademarks unless you have our express authorization or the translation is already listed on the IP Microsite (ip.stevepreda.com).
- We have the right to revoke your Limited License if you cease being a Strategy OS App subscriber or fail to comply with any of the Guidelines, or any of the Terms.
- You will not file for trademark protection for any of the Trademarks in any jurisdiction unless We have given you express permission to perform such a filing.
- You may not sell, transfer, assign, license, sublicense, or modify any of the Trademarks.
- General Rules
- Prohibited Use. You may only use the Strategy OS App to educate yourself about Strategy OS for the purpose of implementing Strategy OS. You shall not cause harm to Strategy OS App. Specifically, but not by way of limitation, you shall not (a) interfere with Strategy OS App by using viruses or any other programs or technology designed to disrupt or damage Strategy OS App, (b) collect electronic mail addresses or other information from third parties by using Strategy OS App, (c) impersonate another person or entity, (d) without the written authorization from SPBG, in its sole discretion, use Our logos, graphics, Trademarks (registered or not registered) in your business name, website domain (URL), email address, logo, tag line, favicon or in any other manner whatsoever unless such use is otherwise permitted on the IP Microsite, (e) engage in any activity that interferes with another user’s ability to use or enjoy Strategy OS App or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms.
- Only Strategy OS App members that are SPBG Guides™ for Strategy OS, also called “Strategy OS Guides™” (as defined in the Guidelines) shall have the limited right to access and use the Website Content, in the form as provided, for purposes of providing STRATEGY OS implementation services to third parties for a fee, subject to the limitations defined in the Guidelines and these Terms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Website Content. Downloading video content from Strategy OS App for any purpose is strictly prohibited. Reposting the video content to any website for any purpose is strictly prohibited. If video content is reposted, a fee for damages to SPBG of $1,500/video/day will be charged to the user until the video content is removed. Any use of Strategy OS logos or graphics must be done in accordance with the Guidelines.
- Privacy Policy. You agree to Our collection, use, and disclosure of your personal information in accordance with Our Privacy Policy.
- Ordering Policies. If you purchase any of Our products and/or services, you agree that your use of the product or service is limited by these Terms.
- Password Restricted Areas of the Website. Areas of the Strategy OS App are password restricted to member users (“Password Protected Areas”). As a Strategy OS App member, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
- Reservation of Rights
- Monitoring. We reserve the right, but do not assume the obligation, to monitor communications that occur through Strategy OS App.
- Modification of the Service. We may modify the Strategy OS App at any time with or without notice to you, and will incur no liability for doing so.
- Etiquette – We ask that you respect Strategy OS App and that your conduct when using Strategy OS App should be guided by common sense and basic etiquette. To further these common goals, you agree not to do any of the following: (a) impersonate or represent Us, (b) link to or post content not allowed on the Website, (c) solicit a Strategy OS App user’s password or other account information, (d) use racially or ethnically offensive language, discuss or incite illegal activity, use explicit/obscene language, or solicit/post sexually explicit images and (e) violate any law.
- Non-disparagement – You agree not to make any oral or written statement to existing or potential clients of SPBG, Steve Preda or to other SPBG Guides about SPBG, Strategy OS, the Strategy Operating System, or Strategy OS App which are intended or reasonably likely to disparage the reputation of SPBG, the Strategy Operating System, and/or Strategy OS App.
- Representations and Warranties – You represent and warrant to Us that, in your use of Strategy OS App, you (a) will comply with all applicable laws, rules, policies and regulations, and (b) you will provide correct, current, and complete billing and contact information.
- Disclaimers and Exclusions
- DISCLAIMER OF WARRANTIES. WE PROVIDE STRATEGY OS APP, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT STRATEGY OS APP (a) WILL BE UNINTERRUPTED, (b) WILL BE FREE OF INACCURACIES OR ERRORS, (c) WILL MEET YOUR REQUIREMENTS, OR (d) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
- EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF STRATEGY OS APP, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH YOUR USE OF STRATEGY OS APP EXCEED THE AMOUNT PAID TO US BY YOU DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
- Indemnification – You agree to indemnify and hold Us and Our employees, representatives, agents, affiliates, directors, officers, managers, members and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand, or action (“Claim”) brought against any of the Parties arising out of or related to (a) a breach or an alleged breach of any provision of these Terms, or (b) any act or omission related to any STRATEGY OS implementation, training, coaching and/or consulting services you may provide. If you have to indemnify Us under this section, We will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Our express written permission.
- Termination
- Termination. You may cancel your Strategy OS App membership at any time by completing the steps to cancel your Strategy OS App membership on the “My Account” section of Strategy OS App. You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of Strategy OS App, including, without limitation, if We believe, in Our sole and absolute discretion, that you have breached these Terms or the Guidelines. You acknowledge and agree that all suspensions and terminations shall be made in Our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination. Any fees appropriately charged and received prior to termination will not be refunded or prorated.
- Failure to maintain an active Strategy OS App membership will result in termination of your Strategy OS App account and your Limited License.
- Survival. Upon cancelation or termination of your Strategy OS App membership, your Limited License is automatically revoked, and you may not retain copies of Website Content from Strategy OS App.
- Each of the following of your obligations will survive termination and/or cancellation of your Strategy OS App membership: (1) obligation not to alter, misuse, modify, or redefine any of the Trademarks, (2) obligation not to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any Website Content, (3) obligation not to download or repost any video content from Strategy OS App, and (4) obligation not to file for trademark protection for any of the Trademarks in any jurisdiction unless We have given you express permission to perform such a filing, and (5) obligation to not disparage SPBG. or the Strategy Operating System to existing or potential clients of SPBG. or to other Strategy OS Guides.
- We may terminate your Strategy OS App membership, revoke your Limited License, and/or revoke your status as an SPBG Guide certified for Strategy OS for violating the Guidelines, the Terms, or the criteria for being a Certified SPBG Guide or Strategy OS Guide, or for convenience.
- Notice – All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by electronic mail. If you give notice to Us, you must use the following address: [email protected]. If SPBG provides notice to you, We will use the email address provided by you to Us. All notices will be deemed received 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement. Also, you understand that this Agreement and the Guidelines, including the IP Microsite, may be updated from time to time without notice to you.
- Miscellaneous
- These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Virginia without reference to conflict of law principles. You agree to submit to the exclusive jurisdiction of state and federal courts for the County of Henrico, State of Virginia.
- These Terms are not assignable or transferable by you without Our prior written consent.
- These Terms (including all of the policies described in these Terms which are hereby incorporated herein by this reference, including the Guidelines) contain the entire understanding between Us and you regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between Us and you.
- No failure or delay by Us in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved.
- The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
- We are not liable for any delay or failure in performance resulting directly or indirectly from causes beyond Our reasonable control, including, without limitation, failure of the Internet; power failure; failure of computer; telecommunication or other equipment; strikes; labor disputes; riots; insurrections; civil disturbances; shortage of labor or materials; fires; floods; storms; explosions; acts of God; attacks by hackers; war; governmental actions; orders of domestic or foreign courts; or non-performance of third parties.
- If you breach any of these Terms, We shall be entitled to any and all remedies available to Us under the law, including, but not limited to, the reimbursement of any and all attorneys’ fees and costs incurred by Us.
- If you have questions or concerns regarding these Terms you should contact Us by emailing [email protected].