TERMS OF USE
Freedom Engine Academy maintains this website, its Thinkific-hosted learning platform, and any related pages, downloads, communities, subscriptions, and services made available through it (collectively, the “Site”) for use by visitors, applicants, customers, subscribers, and other users (“Users”).
Please read these Terms of Use carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree, do not use the Site.
1. Scope and Relationship to Other Agreements
These Terms of Use govern general access to and use of the Site.
If a User applies for, purchases, or enrols in a specific course, programme, mentorship, cohort, subscription, or other paid offering of Freedom Engine Academy, that User may also be required to enter into or accept a separate enrollment agreement, subscription terms, programme-specific policies, or other contractual documents (collectively, “Programme Documents”).
In the event of any conflict between these Terms of Use and any applicable Programme Documents, the Programme Documents shall prevail to the extent of the conflict.
2. Definitions
For the purposes of these Terms of Use:
“Freedom Engine Academy”, “Academy”, “we”, “us”, and “our” means Mathew Jonson, sole trader, operating under the trade name Freedom Engine Academy.
“Site Content” means the general content of the Site, including page text, branding, design, logos, graphics, informational content, and general downloadable resources.
“Academy Content” means any programme materials, recordings, exercises, archives, Resources Folder materials, session content, and related content made available by or through Freedom Engine Academy in connection with any course, programme, mentorship, subscription, or other offering, as further described in any applicable Programme Documents.
3. Eligibility and Account Responsibility
By using the Site, you represent and warrant that:
* you are at least eighteen (18) years of age, or you are using the Site with the involvement and consent of a parent or legal guardian;
* all information you provide is accurate, current, and complete;
* you will maintain the confidentiality of your login credentials; and
* you are responsible for all activity occurring under your account.
Freedom Engine Academy reserves the right to suspend, restrict, or terminate accounts where it reasonably believes these Terms of Use or any applicable Programme Documents have been violated.
4. Permitted Use of the Site
Subject to these Terms of Use, Freedom Engine Academy grants each User a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site for lawful, personal, and non-commercial purposes only.
Users may not, unless expressly authorised in writing by Freedom Engine Academy:
* copy, reproduce, republish, upload, post, transmit, distribute, display, sell, license, sublicense, rent, lease, or otherwise exploit the Site, Site Content, or Academy Content;
* modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works from the Site, Site Content, or Academy Content;
* share account credentials or permit any third party to access the Site through the User’s account;
* record, download, capture, archive, reproduce, redistribute, repost, publish, or communicate to the public any live or recorded class, workshop, critique, meeting, session, or community interaction;
* remove, alter, or obscure any copyright, trademark, confidentiality, or proprietary notice; or
* use the Site, Site Content, or Academy Content to create, market, deliver, or support any competing course, academy, mentorship service, training programme, subscription, or educational product.
For the avoidance of doubt, these Terms of Use do not prohibit a User from applying general skills, knowledge, ideas, or techniques learned through participation, but do prohibit unauthorised copying, sharing, or commercial exploitation of Site Content or Academy Content.
5. Intellectual Property
All rights, title, and interest in and to the Site, Site Content, and Academy Content are owned by Mathew Jonson operating as Freedom Engine Academy or are used under valid licence, and are protected by applicable intellectual property laws.
Nothing in these Terms of Use transfers any ownership rights to any User. Except for the limited licence expressly granted in these Terms of Use or in applicable Programme Documents, no rights are granted to any User in or to the Site, Site Content, or Academy Content.
Use of Academy Content is further governed by the applicable Programme Documents, including any applicable Intellectual Property and Content Use Policy.
6. Confidentiality and Proprietary Information
Users and Participants may be exposed through the Site to proprietary methodologies, unpublished materials, creative works, internal discussions, and other non-public information of Freedom Engine Academy or its authorised personnel.
Users shall not disclose or commercially exploit such proprietary or non-public information without prior written authorisation from Freedom Engine Academy.
For the avoidance of doubt, this clause does not prevent lawful public reviews, general impressions, or good-faith feedback about the Site or a programme, provided that no proprietary or non-public information is disclosed.
7. User Submissions
Where a User submits, uploads, posts, or otherwise makes available content through the Site, including comments, messages, assignments, files, audio, images, or video (“User Content”), the User represents and warrants that they have all necessary rights to do so and that such User Content does not infringe any third-party rights or violate any applicable law.
The User retains ownership of their User Content. However, the User grants Freedom Engine Academy a limited, non-exclusive, royalty-free licence to host, store, transmit, reproduce, and display that User Content solely as reasonably necessary to operate the Site, provide the relevant services, administer participation, and maintain internal educational functionality.
Any use of a User’s or Participant’s testimonial, name, likeness, photograph, voice, video, or similar personal material for marketing or promotional purposes shall require any consent required by applicable law and shall be governed by the applicable Programme Documents or separate written consent.
8. Recordings and Programme Participation
Certain live sessions, workshops, programme activities, or subscription materials may be recorded where described in the applicable Programme Documents.
Any recording, storage, internal distribution, subscription distribution, or other use of Participant contributions, voice, likeness, image, video, or related materials shall be governed by the applicable Programme Documents, Privacy Policy, and any separate written consent provided by the Participant.
Nothing in these Terms of Use grants any User any right to record, reproduce, distribute, or exploit any session or programme content unless expressly authorised in writing by Freedom Engine Academy.
9. Code of Conduct
Users must use the Site in a respectful, lawful, and non-disruptive manner.
Users must not:
* harass, intimidate, threaten, or abuse other users, participants, instructors, staff, or authorised personnel;
* engage in discriminatory, unlawful, or abusive conduct;
* upload malicious code, spam, or disruptive material;
* interfere with the operation, functionality, or security of the Site;
* make false statements of fact, malicious allegations, or knowingly misleading statements about Freedom Engine Academy, authorised personnel, or other participants, without prejudice to the User’s right to make truthful complaints, lawful reviews, or good-faith reports; or
* engage in any conduct prohibited by any applicable Programme Documents, including any Code of Conduct.
Freedom Engine Academy may investigate alleged violations in good faith and may impose proportionate measures, including warning, suspension, restriction, or termination of access.
10. Fees, Subscriptions, and Paid Offerings
Fees, payment schedules, cancellation rights, withdrawal rights, refunds, subscription renewals, access periods, and programme scope for any paid offering are governed by the applicable Programme Documents, any applicable subscription terms, and mandatory applicable law.
Where the Site offers a subscription, membership, or recurring service, such service may renew automatically if clearly disclosed at the point of sign-up or in the applicable Programme Documents. The User is responsible for reviewing the applicable renewal, billing, and cancellation terms before subscribing.
11. Third-Party Platforms, Services, and Links
The Site may be hosted on or integrated with third-party platforms and services, including Thinkific, payment processors, video conferencing services, cloud storage providers, email services, and other technical tools.
Freedom Engine Academy is not responsible for the acts, omissions, availability, outages, or policies of third-party providers, except to the extent required by applicable law.
The Site may also contain links to third-party websites or services. Such links are provided for convenience only. Freedom Engine Academy does not control and is not responsible for any third-party websites, services, or content.
12. No Guaranteed Results
The Site, Site Content, and Academy Content are provided for educational and informational purposes only.
Freedom Engine Academy does not warrant or guarantee that any User or Participant will achieve any specific artistic, educational, technical, commercial, professional, release-related, booking-related, representation-related, employment-related, or financial outcome through use of the Site or participation in any programme.
Any testimonials, examples, case studies, artist stories, or participant experiences presented on the Site are illustrative only and do not constitute a guarantee of future results.
13. No Warranties
To the maximum extent permitted by applicable law, the Site, Site Content, and Academy Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, availability, accuracy, or uninterrupted access.
Freedom Engine Academy does not warrant that the Site will be error-free, secure, continuously available, or free from viruses or harmful components, or that any content will always be accurate, complete, or current.
14. Limitation of Liability
To the maximum extent permitted by Portuguese law and applicable mandatory consumer law, Freedom Engine Academy shall not be liable for any indirect, incidental, consequential, special, punitive, or purely economic loss arising out of or in connection with use of the Site, Site Content, Academy Content, or any programme offered through the Site.
Nothing in these Terms of Use excludes or limits liability for intentional misconduct, gross negligence, or any liability which cannot legally be excluded or limited under Portuguese law or applicable EU consumer law.
Any additional or more specific limitations of liability applicable to a paid programme shall be governed by the relevant Programme Documents.
15. Data Protection and Privacy
Freedom Engine Academy processes personal data in accordance with applicable data protection law, including Regulation (EU) 2016/679 (“GDPR”), and in accordance with the applicable Privacy Policy.
Further information regarding the processing of personal data, including categories of data, purposes of processing, legal bases, recipients, retention periods, and data subject rights, is set out in the Privacy Policy and, where applicable, in any Participant Privacy Policy provided in connection with a specific programme.
16. Suspension and Termination
Freedom Engine Academy may suspend, restrict, or terminate a User’s access to the Site, in whole or in part, where it reasonably believes that the User has breached these Terms of Use, any applicable Programme Documents, or applicable law, or where such action is reasonably necessary to protect the Site, other users, participants, staff, authorised personnel, or the business operations of Freedom Engine Academy.
Termination or suspension under these Terms of Use shall be without prejudice to any rights or remedies otherwise available to Freedom Engine Academy under contract, law, or equity.
17. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Portugal, without regard to conflict of law principles.
Where permitted by applicable law, the courts of Portugal shall have jurisdiction to settle disputes arising out of or in connection with these Terms of Use.
Notwithstanding the foregoing, where a User is a consumer, nothing in these Terms of Use limits any mandatory consumer protection rights or any right to bring proceedings in the courts of the User’s country of habitual residence where such right exists under applicable law.
18. Entire Terms, Severability, Waiver, and Assignment
These Terms of Use govern general use of the Site together with any policies expressly incorporated into them. They do not replace any applicable Programme Documents governing a specific paid offering.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
Failure by Freedom Engine Academy to enforce any provision of these Terms of Use shall not constitute a waiver of that provision or of any other provision.
A User may not assign or transfer any rights or obligations under these Terms of Use without the prior written consent of Freedom Engine Academy. Freedom Engine Academy may assign its rights and obligations where permitted by law.
19. Changes to These Terms of Use
Freedom Engine Academy may update these Terms of Use from time to time by posting a revised version on the Site. Any updated version shall become effective upon posting or on any later effective date stated in the revised version.
Continued use of the Site after any such update becomes effective constitutes acceptance of the revised Terms of Use.
20. Contact
Questions regarding these Terms of Use should be directed to:
Freedom Engine Academy
Mathew Jonson, sole trader
AV. Almirante Reis 258 e 258 B 4º E
1000-058 Lisbon, Portugal
NIF: 324 834 870
Email: [email protected]