Thank you for successfully completing your new account sign up form. We are currently in the process of setting up your account to provide you with seamless access to our services. To proceed further and formalize our collaboration, we invite you to complete our agreement form. Your agreement is a vital step in ensuring a clear understanding of our partnership terms and will contribute to a smooth and productive journey ahead. Kindly take a moment to fill out the agreement form, and feel free to reach out if you have any questions. We look forward to solidifying our collaboration and helping you achieve your goals.

Software and Services Agreement

I. INTRODUCTION

This Marketing Services 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.


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.

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.

Regarding our lead generation branding service, the duration can vary, typically ranging from one month to a few months or even longer. The engagement period is influenced by various factors, primarily the time and effort invested by both us and the customer. Throughout this period, we maintain a close collaboration with the customer, especially in their interactions with their microsphere of influence.


This close engagement serves multiple purposes. Firstly, it allows us to gain a deeper understanding of the challenges and successes the customer experiences while working with their microsphere of influence. Secondly, it enables us to identify key milestones and markers of progress. Most importantly, it assists both the customer and us in determining when they have achieved the minimum 2:1 return-on-investment (ROI), indicating the successful implementation of our lead generation strategies.


Our commitment is to continue working closely with each customer, providing ongoing support and guidance as they navigate their journey toward business growth and achieving a minimum 2:1 ROI. Through this collaborative approach, we ensure that agents receive the necessary assistance to reach their financial goals.


b. Compensation


1. Free Pipeline Management Software: The Agency grants the Customer access to the Free Pipeline Management Software with basic features at no monthly cost. The Customer may use this software to manage contacts within their pipeline and monitor opportunity stages. Features beyond the basic set may be subject to additional charges, which will be clearly communicated by the Agency.


2. Full Software Account Monthly Subscription Fee: 10-Day Free Trial & Monthly Subscription: Upon acceptance of the terms stipulated in this agreement, the Customer gains access to a 10-Day Free Trial of the Full Software Account, inclusive of advanced functionalities such as Phone, Emails, SMS Texts, etc. Following this trial period, the Customer commits to a monthly fee of $115.00 for continued access to these enhanced features. It is important to note that certain features, including Phone, Email, SMS Texts, etc., may incur additional monthly usage charges beyond the base fee. These charges will be clearly outlined and added to the monthly billing statement. The Agency is dedicated to providing comprehensive guidance on the effective utilization of these features throughout both the trial and subscription periods, ensuring optimized usage and cost management for the Customer.


3. Full Software Account Yearly Subscription Fee: Alternatively, the Customer may opt for the Annual Plan at a total fee of $1,242.00 per year, offering a 10% discount compared to the monthly subscription. The Annual Plan provides access to the Full Software Account, including advanced features. Alternatively, the Customer has the option to enroll in the Annual Plan, available at a total fee of $1,242.00 per year, offering a 10% discount compared to the monthly subscription. By choosing the Annual Plan, the Customer gains access to the Full Software Account, incorporating advanced features like Phone, Emails, SMS Texts, etc. Notably, the annual fee does not encompass monthly usage costs associated with features beyond the basic set. Specifically, features such as Phone, Email, SMS Texts, etc., may incur additional monthly usage charges, which are not included in the yearly fee of $1,242.00 and will be billed on a monthly basis.


4. Full Software Account and Networking Service Monthly Fee: Software & Networking Service: 30-Day Free Trial, then Monthly Fee $350.00. Features (Phone, Emails, SMS Texts, etc) with Usage Costs Not Included with Monthly Fee. It is important to note that certain features, including Phone, Email, SMS Texts, etc., may incur additional monthly usage charges beyond the base fee. These charges will be clearly outlined and added to the monthly billing statement. The Agency is dedicated to providing comprehensive guidance on the effective utilization of these features throughout both the trial and subscription periods, ensuring optimized usage and cost management for the Customer.



5. Full Software Account and Networking Service Year Fee: Annual Plan at $4,200.00 with a 10% discount, reducing it to just $3,780.00 for the year. Features (Phone, Emails, SMS Texts, etc) with Usage Costs Not Included with Monthly Fee. By choosing the Annual Plan, the Customer gains access to the Full Software Account, incorporating advanced features like Phone, Emails, SMS Texts, etc. Notably, the annual fee does not encompass monthly usage costs associated with features beyond the basic set. Specifically, features such as Phone, Email, SMS Texts, etc., may incur additional monthly usage charges, which are not included in the yearly fee of $3,780.00 and will be billed on a monthly basis.


6. Full Software Account and Branding Service Monthly Fee: Software & Branding Service: 30-Day Free Trial, then Monthly Fee $350.00. Features (Phone, Emails, SMS Texts, etc) with Usage Costs Not Included with Monthly Fee. It is important to note that certain features, including Phone, Email, SMS Texts, etc., may incur additional monthly usage charges beyond the base fee. These charges will be clearly outlined and added to the monthly billing statement. The Agency is dedicated to providing comprehensive guidance on the effective utilization of these features throughout both the trial and subscription periods, ensuring optimized usage and cost management for the Customer.


7. Full Software Account and Branding Service Year Fee: Annual Plan at $4,200.00 with a 10% discount, reducing it to just $3,780.00 for the year. Features (Phone, Emails, SMS Texts, etc) with Usage Costs Not Included with Monthly Fee. By choosing the Annual Plan, the Customer gains access to the Full Software Account, incorporating advanced features like Phone, Emails, SMS Texts, etc. Notably, the annual fee does not encompass monthly usage costs associated with features beyond the basic set. Specifically, features such as Phone, Email, SMS Texts, etc., may incur additional monthly usage charges, which are not included in the yearly fee of $3,780.00 and will be billed on a monthly basis.


8. Our Software & Lead Generation Branding Service has a $195.00 set-up fee: Please note that the $195.00 set-up fee is non-refundable. See below about the three payment options.


9. All payments are not refundable, and the Customer is responsible for the payment of applicable taxes.


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.

VIII. LEAD GENERATION BRANDING SERVICE MONTHLY PAYMENTS, UPFRONT PAYMENTS AND DEFERRED PAYMENT TERMS

EARNING A 2:1 RETURN-ON-INVESTMENT IN LEAD GENERATION


Our lead generation branding service operates on a distinctive principle: it isn't about promising a specific quantity of leads or guaranteeing a predefined number of closings. Instead, our focus is on aiding customers in constructing a robust microsphere of influence within their existing business network. The primary objective is to assist customers in achieving a minimum 2:1 return-on-investment (ROI), ensuring that for every dollar invested, they garner at least two dollars in gross revenue.


BUILDING A ROBUST MICROSPHERE OF INFLUENCE FOR ROI SUCCESS


Our strategy centers on supporting customers in the continual expansion and enrichment of their microsphere of influence. This microsphere comprises qualified contacts with the financial capacity to complete transactions. The key to attaining the coveted 2:1 ROI lies in a customers proficiency in accumulating a substantial list of 33 sold qualified prospective clients. Customers reaching this milestone are strategically positioned to realize their financial objectives and secure a 2:1 ROI on their investment.


STRATEGIC LEAD GENERATION FOR FINANCIAL SUCCESS


Our lead generation branding services empower customers to identify and connect with these qualified sales opportunities, paving the way for financial success within their industry. While we refrain from guaranteeing a specific number of leads or closings, our commitment is unwavering: to provide the essential tools and strategies that enable customers not only to thrive in their businesses but also to surpass their ROI targets. It's about equipping agents with the means to navigate the competitive landscape and achieve tangible success in their business endeavors.


We have three types of payment options: 


1. Monthly Payments: 


We provide a monthly payment option for our lead generation branding service at a rate of $500.00 per month, requiring a 12-month agreement. It's important to note that all monthly payments are non-refundable. While the monthly payment option does not guarantee a minimum 2:1 return-on-investment, customers who have found success with our lead generation branding services often choose this $500.00 monthly payment option. With the monthly payment option, the customer pays in advance for the services that will be provided in the following month. However, it's essential to understand that the $500.00 payment does not cover the usage costs associated with our software.


2. Upfront Payment:


The initial payment of $5,000.00 serves as the upfront fee to initiate the lead generation branding services and becomes non-refundable after 24 hours of the initial payment. However, it's essential to understand that the $5,000.00 payment does not cover the usage costs associated with our software. The upfront payment of $5,000.00 covers the entire year of our lead generation branding service.


3. Delayed Payment:


The delayed payment of $5,000.00 becomes due upon achieving the 2:1 return-on-investment (ROI) milestone. This payment option operates on a 6-month term, and we only charge the $5,000.00 a maximum of two times within the year.


Why Offer Delayed Payment:


Delayed payment options are provided for several reasons:


1. Building Trust: Allowing customers to experience services without an immediate financial commitment helps build trust. It proves the value of the lead generation services.

2. Accessibility: This option caters to customers who may not have the initial funds available. It makes lead generation branding services accessible to a broader range of agents.

3. Removing Barriers: By offering delayed payment, barriers related to financial situations are removed. This ensures that agents with varying financial capacities can benefit from the expertise, aiming to empower them in their competitive industry.


When is a Delayed Payment Due:


The delayed payment of $5,000.00 is due specifically upon achieving the 2:1 return-on-investment (ROI) milestones. This milestone is defined by the customers gross revenue earned from their micro sphere of influence. 


It's important to note that lead acquisition and conversion may present challenges for some customers. Factors such as lack of commitment, discipline, and difficulty in identifying qualified prospects can impede successful lead conversion. Overcoming these challenges may involve investing in learning, daily practice, seeking feedback for improvement, and adopting a long-term perspective. Customers can work towards becoming highly skilled at converting leads into successful deals through dedication and continuous improvement.


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 lead generation branding 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.

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