TERMS AND CONDITIONS
Effective date: January, 5th, 2022
Welcome! Thank you for purchasing The Sell My Art Online Program (“Program”).
All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in full or partial) for the Product for which these terms appear, you (“Client” and/or “Customer”) agree to be provided with Program created by Suira Silva (“Owner”) in her capacity as Owner of Suira.Art, Inc., (the “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions (“Agreement”):
Suira.Art Inc. (“Suira.Art”) welcomes you. Please READ carefully. Your access and use of this Site and Program is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site and/or Program and making the initial payment to purchase the Program. Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site and Program after any change means you have accepted the changed terms and conditions.
Section 1. Introduction
Suira.Art, Inc. (“Company”) is a company incorporated in Brazil, which provides prospective and actual artists with online courses and other educational materials. Company has created The Sell My Art Online Program (“Program”) to educate Client on how to structure an art business and create a strategy to market and sell Clients' artistic services and products.
Section 2. Disclaimer
The material appearing on the websites www.suira.art, www.beafulltimeartist.com, www.sellmyartonline.com and suiraart.newzenler.com.com (“this Site”), is provided as either information about Suira.Art’s events, people, the Program or stories & is a platform for online connection and community. The owner of this Site (Suirá Gonçalves Silva) and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site. Any information by or on this Site or inside the Program is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site and/or Program, you accept and agree that following any information or recommendations provided therein is at your own risk.
B. No Guarantees
Company makes NO GUARANTEES about any success that you’ll get from our Site or our courses, such as Program, or any of our free offers. Client understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Client new skills and providing Client with awareness of traditional business practices. Through the Program, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Client (and only the Client) to make the final decision for themselves. By using Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
Client hereby acknowledges that Client is solely responsible for the amount and type of income that Client generates by implementing techniques and advice provided by Program. Client also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Client with a lucrative business. Client also agrees that Client is solely responsible for any decision Client makes and indemnifies Company from any liability regarding said decision.
Ultimately, we will not be responsible or make any promises for what will happen in your life and business. Even if you’ve worked with us as a client before and achieved certain results, we make no guarantee that they will happen again. We cannot be any clearer about this: We are here for you and want you to succeed, but we make no promises regarding results and make no guarantees whatsoever.
C. Scope of Services
The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counsellor, business operations manager, financial analyst, business executive, or other agents of Client’s business. Client understands that the Program is created to help Client learn new skills and assist Client with finding their own direction. The Program may offer guidance regarding business decisions, but it is the responsibility of the Client to make the final decision and choose the best option for themselves.
This Program does not include:
1) individualized advice and feedback;
2) procuring business or potential clients for Client;
3) performing any business management services for Client, such as accounting, operations, research, or development;
4) life coaching or therapy sessions in the form of psychotherapy, psychoanalysis, or behavioural therapy;
5) publicity, public relations and/or social media marketing services;
6) legal or financial advice;
7) introduction to Client’s professional network and business relationships.
Client hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide said services may change in terms of style, technique and content. Company and/or Owner may use its own judgment to provide the Program services to Client, even if these methods do not follow strict adherence to Client’s suggestions, per the nature of said services.
D. Communication with Third-Parties
From time to time, this Program may include community aspects, such as courtesy access to a Student-only Facebook group. Company shall not be held liable, either directly or indirectly, for Client’s communication with any other student or third-party that may or may not be part of the Program. For instance, as part of the Program, the Company may encourage students to broaden their marketing message by collaborating with other third parties. These are mere suggestions and it is important to note that creating relationships and communicating with third parties is the sole responsibility and at the sole discretion of the Client. Company is not liable for the actions of those third parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Client’s communication and/or collaboration with a third party. While Company will take reasonable measures to ensure there are no injurious communications inside the Program community, it is the responsibility of all students to act with their own volition and discretion when communicating with others.
E. Delivery of Program
This Program may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Program if reasonably required by the prevailing circumstances as determined by Company. Access to this Program is currently through a third-party platform, Zenler Ltd. (“Zenler”). Company is not liable for any limitation of access to the Program caused by Zenler, Wix, Stripe, PayPal or any other third-party used to assist Company with the delivery of this Program to Client.
F. Certifications and/or Other Requirements
As part of this Program, Company encourages individuals and/or business owners to enter into the online education space for topics they are reasonably qualified to teach on or assist with, or to otherwise provide services they are skilled to provide. Due to the educational and informational nature of this Program, the volume of students that enter into the Program, and the international scope of the Program’s availability on the internet, it is not the responsibility of Company to determine whether a Client or third-party (i.e. other students) is qualified to offer the services they present. It is the sole responsibility of Client and all other students inside the Program to determine whether they need any qualifications, certificates, registrations, degrees, diplomas, or other requirements to carry out the services that they purport to offer during or after completing the Program. This is a material part of this Agreement as it is categorically impossible for Company to monitor all students’ past, present and future behaviours, as well as international and local laws, regulations, and other requirements to ensure that a student’s actions (including Client’s) are lawful.
G. Zero Tolerance
Company employs a Zero Tolerance policy inside the Program as it pertains to harassment of Company representatives and/or other students inside the Program. “Harassment” shall include, but is not limited to, abusive language (ie. excessive cursing, threatening language, name-calling), the volume of messages (ie. demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (ie. with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more. If Client or any other student harasses a Company member or other student inside the Program, Company will give one (1) warning to Client or the student to modify their behaviour. Thereafter, upon the second incident of Harassment, Company will immediately remove the Client or student from the Program and block-list them (ie. ban them from future Company offerings) with no money back. Whether or not a student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at hand (ie. writings, emails, screenshots, etc.)
Section 3. Intellectual Property
Brazilian copyright laws protect all materials created by Suira.Art Inc on the Site as original works. All materials belong to Company, including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
B. Non-Exclusive License
If Company provides Intellectual Property on the Site and/or within the Program that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use.
Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Program is for their single individual use. Client shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
This is the grant of a license, not a transfer of title, and under this license, Client shall not:
Modify or copy the Intellectual Property;
Use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
Share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.
If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
Copying any of the Company’s Product content and/or material for Client’s commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
C. Infringement of Intellectual Property
This license shall automatically and immediately terminate if the Client violates any of the restrictions regarding the Company’s Intellectual Property. Upon the Company’s suspicion that Client violates any of the above Intellectual Property restrictions, Client’s access may be terminated by Company at any time.
Suspicion includes, but is not limited to:
identification of Client content that is based on the Company’s proprietary framework;
identification of Client content that is almost identical and/or confusingly similar to Company’s content;
notice from third-party of confusingly similar content between Client and Company.
Upon terminating Client’s license, Client must destroy any downloaded materials in Client’s possession whether in electronic or printed format.
In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to Company, Company reserves the right to:
Immediately remove Client’s access to the Program;
Investigate Client’s usage of the Intellectual Property, including purchasing access to Client’s content (i.e., courses, programs, etc.);
Block Client from accessing future programs or content belonging to Company;
Recover all funds expended on investigating Client’s infringement of Company’s Intellectual Property, including (and especially) legal fees, administrative costs for Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement.
If Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future programs and will seek any extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.
Section 4. Program Overview
A. Course Access
Program Clients receive 12-months of unlimited access to the Program and private student community. Client access activates immediately upon enrolling in the Program, and Company does not offer account holds beyond the 12-month program. Company understands everyone has different learning styles and goes through the Program at their own pace.
B. Course Extension
However, if for any reason, Client is unable to complete the program within the 12-month access period, Client will have an option to opt-in for Company’s paid course extension for the length of time selected by Client at the time of subsequent Extension checkout. (Hereinafter referred to as “Extension”). Note, the additional Extension beyond the initial 12-month Program access is non-refundable and non-transferable.
C. Course Updates.
Company actively updates our programs to ensure the majority of students’ biggest roadblocks are anticipated, minimized, and addressed. Students are automatically granted access to any updates within the Sell My Art Online core curriculum and the Sell My Art Online Bonus Bag during their 12 months of access. Please note, enrolling in our program does not grant free access to any future bonuses other than the ones promised to be offered upon the time of enrollment.
D. Course Bonuses
At the time of purchasing and enrolling in the Program, Client will receive access to the Program core curriculum as well as select bonuses from the Company and third-party contributors (hereinafter referred to as the “Bonus Bag”). Client shall receive twelve months (12 months) access to the Sell My Art Online core curriculum as well as the Bonus Bag (as advertised at the time of Client checkout) and access to the exclusive Program student Facebook Group.
From time to time, Company may offer additional bonuses that are designed to supplement the Program content and assist students to take their business to the next level (“Add-On Bonuses”). These additional Add-On Bonuses are optional and, as such, are offered for an additional fee to be determined at the time of the offering of the Add-On Bonuses. If Client decides to purchase any Add-On Bonuses, Client will receive up to twelve (12) months access to the Add-On Bonus from the date of purchase or the release date.
All Add-On Bonuses are non-refundable and non-transferable and cannot be exchanged for another bonus. Likewise, no Bonus Bag bonus can be exchanged for any Add-On Bonuses
Section 5. Indemnification
A. Limitation of Liability and Indemnity.
As a condition of your use of the Site and/or Program, Client hereby indemnifies Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site and/or Program. In no event shall Company or its agents be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site and/or Program, even if Company has been notified orally or in writing of the possibility of such damage.
B. Client Decisions
Client hereby acknowledges that Company is not liable for any injuries that may arise from Client’s actions, omissions, or decisions based off Customer’s participation in this Program or use of this Program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, a decision to communicate with any third-parties such as other students, any of Client’s business decisions, any of Client’s financial decisions. The Client hereby agrees to indemnify and hold harmless the Company of any claims that may arise after the use of this Program.
C. Links to Third Party Websites
This Site may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of the Company. The Company is not responsible for the content contained in any related website, nor for any losses or damages, you may incur due to the use of any such website. The Company accepts no liability for any errors or omissions contained in third-party websites. The Company provides these links to improve your use of the Program, enable you to connect with Company and Owner on various platforms, and help Company offer the most accessible services for the Client and conduct transactions.
Section 6. Confidentiality
A. Confidential Information & Non-Disclosure
Company takes pride in its proprietary information included in each Program. As such, the Client agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Client;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Program or Company’s business practices.
Company also agrees to protect Client’s personally identifiable information. However, from time to time, Company may use general statements about Client’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Client agrees to Company sharing Client’s success stories as testimonials in any matter across any media at the sole discretion of Company.
By signing up for the Program, Client grants Company permission to use any testimonials in our marketing materials and/or any promotional efforts, and authorizes the use of his/her image, voice and first name. This includes but is not limited to unofficial testimonials, words of praise via Instagram stories, public posts or posts inside our Facebook groups, and direct messages with Company and/or Owner. Company will blur last names on screenshots used, and you understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.
Client agrees, during and/or after use of Product, to refrain from making any false, derogatory or untrue statements, whether oral or in writing, that are injurious or otherwise negatively impact Company’s Product, business, services, products, or reputation.
Section 7. Payments
A. Payment Plans
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout.
Company offers two payment options at the time of purchase, so Client can either pay in full or in monthly installments. If Client opts for a payment plan, Client will be responsible for paying the remaining invoices.
Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
B. Pay-In-Full Bonus Applicability
If Client selects a payment plan and wishes to pay off the remaining account balance in full, Client can do so at any time, but to be eligible for our discounted pay-in-full price and bonus, Client must email us within 30 days of enrolling.
C. Payment Default
If any payments fail, Client agrees to remedy the situation immediately (i.e., update Client’s payment information, provide a new credit card, and/or make all past-due payments within 7 business days) or else Client forfeits his/her right to access the Program. In the event that a payment is not made, Company will temporarily suspend access until the payment(s) is caught up.
If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. After the Grace Period (defined below), Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement. Client shall be liable for any costs Company incurs relating to collecting defaulted payments, including but not limited to legal fees.
The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
E. Blocklist + Disputed Payments
Company retains the right to ‘Blocklist’ you from accessing all materials, courses, or other products or services Company offers in the event that Client does not pay Client’s outstanding balance, dispute Client’s payments, or if Client misappropriates any of Company’s Intellectual Property.
Client will be removed from the blocklist under the sole discretion of Company under the conditions that: (1) the outstanding balance has been paid in full and (2) the Client will not be eligible for a refund for the remainder of their course access.
In the event that Client wants to regain access to Company’s Program or other content after disputing a payment(s), Client agrees to pay the transaction fee (i.e., charged by third-party Stripe or PayPal) for each payment previously disputed.
Late Fees: In the event that Client’s agreed-upon payment plan is interrupted by Client, Company will permit a three-month grace period (“Grace Period”) to assist Client to get back on track. However, thereafter, Client will be charged a ten percent (10%) late fee of the monthly payment (“Late Fee”) due for every month of missed payments after the Grace Period, for up to one year.The Late Fee will only commence after Client’s initial three-month Grace Period.
For example: If you have paid the first three months but then pause your payment plan for the fourth month and fail to get back on track after three months, you will owe 10% for EACH month (up to one year) that your account is inactive. You will have to pay this amount before you can re-access your account.
To get back on track with our program after more than three months of delinquent payments, Client must make up for ALL past due payments and late fees. Client’s access will be re-granted once Client’s entire account is paid off.
G. Foreign Fees
Company will not be held accountable for any foreign transaction fees charged by Client’s bank.
Section 8. Refund Policy
We, the Company, want you, the Client, to be 100% satisfied with the program, but we also want to ensure our students have given the program a fair shot and have used their best effort to apply the methods and strategies.
Please contact our support team at firstname.lastname@example.org within 30 days of your enrollment to qualify for a refund.
Company follows a Refund Policy, which means Client must include ALL required, completed coursework with any request for a refund. If Client requests a refund and does not include all required coursework within 30 days of enrollment, Client’s refund will not be accepted. All refunds are under the sole discretion of the Company.
We are about honesty, fairness, and customer satisfaction. We have no problem issuing a full refund if you’ve actually tried your best and done the work, but the course was not fitting for your business and/or business goals.
B. Example of No Refund
An example of a situation where we wouldn’t grant a refund is if a student doesn’t put in any effort, doesn’t try at our courses, doesn’t take full responsibility for their own success, and then asks for their money back. We also do not offer refunds for the following: (1) attempts to use the refund policy as a way to opt-out of any existing financial obligation and/or payment plan already committed to us upon signing up for our program, (2) change of business direction after purchasing the course, and/or (3) inability to complete the program within the 12-month access period (we offer an extra 12-month extension that can be purchased in this case).
C. Example of Granted Refund
An example of a situation where Company would give a refund is if Client completes the entire course, tries their best, shares with us what they learned, and then provides an objectively fair reason why Client wants their money back. This means Company expects the following documents and tasks to be completed before requesting a refund:
Proof of a worksheet completion rate of at least 50%;
A link to Client’s Instagram handle proving that Client has implemented the lessons accordingly and have made an effort of using our strategies with screenshots included;
Screenshots of the following:
Proof of market research survey with a minimum 5 responses from a third-party audience;
Proof of initiating requests and promotion for people to buy Client’s unique offer;
Proof of using Program tools to validate a profitable niche;
Ideal audience profile created using Program’s market research strategies and tools;
Screenshot of Client’s Instagram bio demonstrating Client’s offer and/or services;
Proof of using and executing our Sell My Art Online Content Conversion System proving Client’s attempts to cultivate and connect with an audience;
Proof of active participation, initiative, and responsiveness in the exclusive Be a full-time artist Facebook community;
A progress rate of at least 50% within the Zenler member’s portal;
Screenshots and proof that Client has made an effort to ask questions when experiencing challenges during the program (by e-mail, Zenler portal or Be a Full-Time Artist Community;
A minimum one-page write up on the top 3 lessons Client learned from the program and a fair reason for why Client thinks the program didn’t work for Client’s particular needs.
Disclaimer: Due to the digital nature of our course, Company does not offer refunds for those who do not do their due diligence to ensure the course is the right fit for them. It is the Client’s responsibility to carefully review our sales page and terms and conditions before purchasing, using or accessing any of our products and Program. Please note, we do not offer partial refunds for our programs and our exclusive optional paid bonuses and course extensions are non-refundable under any circumstances. Company follows the refund guidelines outlined above.
Section 9. Others
A. Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Company linked to these terms and conditions or contained on this Site constitutes the entire Agreement between you and Company relating to your use of this Site and/or Program and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Company
B. Headings & Severability
Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
D. Governing Law
Company is located in Brazil and is subject to the applicable laws governing Brazil.
E. Maximum Damages
Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
Client agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.