Effective Date: July 1st, 2026

Welcome to the FF&A Academy – ZBG Sprint program, an online educational offering provided by Frederic Fernandez & Associates AG (“FF&A”, “Company”, “we”, “us”, or “our”).

These Terms and Conditions (“Terms”) govern your access to and use of the Course, including all content, materials, sessions, and related services made available through zbgsprint.fredericfernandezassociates.com or any associated platform (collectively, the “Course”).

By purchasing, accessing, or using the Course, you confirm that:
(a) you are at least 18 years old and legally capable of entering into a binding agreement;
(b) you have read, understood, and agree to be bound by these Terms;
(c) you have had the opportunity to review these Terms prior to entering into the contract; and
(d) where applicable, you accept and acknowledge the Company’s Privacy Policy and any applicable Cookie Policy.

If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity.

If you do not agree with these Terms, you must not access or use the Course.

1. Scope and Application

1.1 These Terms govern the access to and use of the online educational program ZBG Sprint (the “Course”) provided by Frederic Fernandez & Associates AG (“FF&A”, “Company”, “we”, “us”, or “our”).

1.2 The Course includes proprietary content, frameworks, methodologies, and materials developed by the Company, including but not limited to the Zero-Based Growth® (ZBG®) methodology, which is a protected trademark and intellectual property of the Company.

1.3 The Course is delivered exclusively in digital form and may include, depending on the selected package:

1. pre-recorded educational content;

2. bi-weekly (once every two weeks) live group Q&A calls

3. access to a private community environment;

4. invitations to in-person events; and

5. coaching or consulting sessions.

1.4 These Terms apply exclusively to legal entities and organisations purchasing the Course in the course of their trade, business, or profession. Purchases by or on behalf of natural persons acting outside a business capacity are not permitted. By purchasing or accessing the Course, the User represents and warrants that the purchasing organisation is a duly registered legal entity acting in a business capacity and that the individual accepting these Terms has authority to bind that entity.

1.5 The Course and all included content are provided strictly for:

1. internal business use within the User’s organization.

Any external use, including but not limited to reproduction, distribution, sublicensing, public sharing, teaching, commercialization, consulting use, or making the content available to third parties, is strictly prohibited unless expressly authorized in writing by the Company.

1.6 The Course is intended for educational purposes only and does not constitute legal, financial, investment, or business advice. Individual results may vary, and the Company does not guarantee any specific outcomes or performance improvements.

2. Company Information

The Course is offered by: Frederic Fernandez & Associates AG, 22 Grubenstrasse, 6315 Oberageri, Switzerland.

2.2 Frederic Fernandez & Associates AG is incorporated under the laws of Switzerland. For the purposes of these Terms, the Company may be referred to as “FF&A” as a shorthand reference only. Such reference does not create a separate legal entity.

2.3 For any questions, support requests, or legal notices related to the Course or these Terms, the User may contact the Company at:

Email: zbg@fredericfernandezandassociates.com

2.4 The Company provides the Course as a commercial educational service.

3. Services and Packages

3.1 The Company offers access to the Course in different packages, as described on the official website at the time of purchase. The exact scope of each package is defined at the point of sale and forms part of the contractual agreement.

3.2 At the time of drafting, the following packages are offered:

(a) Coaching Package (CHF 25,000) — Team of Five (5) Seats Includes:

• full access to the ZBG Sprint Course for up to five (5) designated Seat Holders, each with their own individual account;

• bi-weekly (once every two weeks) group Q&A calls for all Seat Holders;

• access to the ZBG private community;

• a lifetime right to purchase up to five (5) annual summit attendance places per year at a fixed rate of CHF 2,500 per Seat Holder, subject to availability on a first-come, first-served basis (see clauses 3.17–3.19).

Payment for the Coaching Package may be made in full or in installments, as specified at checkout. The package price covers all five (5) included Seats. Additional Seats are available as set out in clause 3.12a.

(b) Light Consulting Package (CHF 50,000) — Team of Five (5) Seats + 5 Private Coaching Calls Includes:

• all features of the Coaching;

• 5 Private Coaching Calls with FF&A

3.3 The Light Consulting Package is subject to a limited quarterly capacity of a maximum of five (5) Users per calendar quarter. Admission is subject to approval by the Company. Where the number of qualified applicants exceeds available capacity, Users may be accepted on a rolling basis depending on availability.

3.4 Access to the Light Consulting Package is subject to approval by the Company. Submission of an application, registration, or payment does not guarantee acceptance.

3.5 The Company reserves the right, at its sole discretion, to accept or reject any application without providing reasons.

3.6 In the event that a User is not accepted into the Light Consulting Package, any payment made shall be refunded in full within ten (10) business days of the Company issuing written notice of non-acceptance.

3.7 Access to the Course is granted as follows: (a) where payment is made in full via Stripe, access is granted upon receipt and confirmation of payment; (b) where payment is made via Purchase Order (PO), access is granted upon receipt of a valid PO from the purchasing organisation, provided the full purchase price remains due and payable in accordance with the invoice issued by the Company; and (c) where payment is made in installments via Stripe, access to the Course shall only be granted once all scheduled installment payments have been completed in full.

3.8 In the event of missed or failed payments under an installment plan, the Company reserves the right to suspend or revoke access to the Course until payment is completed.

3.9 The Coaching Package grants access on a per-Seat basis. Each Coaching Package includes five (5) Seats. Each Seat entitles one designated individual (a “Seat Holder”) to their own individual account on the Platform and access to the Course content. The Company collects personal data from each individual Seat Holder.

3.10 Each Seat Holder’s individual account and login credentials are personal to that Seat Holder. Seat Holders may not share their login credentials, grant access to third parties, or otherwise allow any individual other than the designated Seat Holder to access or use the Course under their account.

3.11 Each Coaching Package or Light Consulting Package grants access for up to five (5) designated Seat Holders within the purchasing organisation. The identity of each Seat Holder must be provided to the Company at the time of purchase or during the onboarding process. Seat Holder designations may be updated by written request to the Company at zbg@fredericfernandezandassociates.com, subject to the Company’s prior approval, which shall not be unreasonably withheld. The Company will respond to Seat Holder substitution requests within five (5) business days of receipt.

3.12 For organisations requiring more than five (5) Seats, the Company may offer additional Seats or enterprise arrangements as set out in clause 3.12a below, or under a separate written agreement.

3.12a Additional Seats — Coaching Package: For purchasers of the Coaching Package who require more than five (5) Seats, additional Seats are available at a price of CHF 1,000 per additional Seat per twelve (12) month access period. Each additional Seat entitles one further designated individual Seat Holder to an individual account and full access to the Course content on the same terms as the included Seats. Additional Seat purchases are subject to the same payment and access conditions as the base package.

3.12b The Company shall collect personal data from each designated Seat Holder, including name, email address, and course engagement data, for the purposes of account creation, course delivery, and platform management, in accordance with the Company’s Privacy Policy. The purchasing organisation is responsible for ensuring that each Seat Holder is informed of and has been informed of the collection and use of their personal data as described in the Privacy Policy prior to being designated as a Seat Holder.

3.13 The Company reserves the right to monitor usage behavior. In cases of unauthorized sharing or misuse, access may be suspended or terminated without prior notice and without refund.

3.14 In cases of unauthorized use by additional individuals, the Company reserves the right to charge additional license fees equivalent to the standard price per unauthorized user.

3.15 For the Light Consulting Package, participation in private coaching calls must take place within twelve (12) months from the date of first access. Unused coaching call access expires without compensation at the end of the twelve (12) month access period, unless otherwise agreed in writing.

3.16 Participation in the private Light Consulting is limited to the coaching schedule and sessions agreed upon at onboarding. No ongoing advisory, consulting, or retainer relationship is created by participation in the Light Consulting Package.

3.17 Event Invitations and Terms. All Seat Holders who have purchased the Coaching Package or Light Consulting Package receive a lifetime right to purchase attendance places at FF&A Academy annual summit events. This lifetime right entitles each package to purchase up to five (5) attendance places per year at a fixed price of CHF 2,500 per Seat Holder per year. Invitations are issued between two (2) and four (4) months prior to each event date. Attendance at each event is subject to the following conditions: (a) Capacity: Each event is subject to venue capacity limitations. The right to purchase attendance places is subject to availability on a strict first-come, first-served basis upon receipt of the Seat Holder’s confirmation of attendance in response to the invitation. A lifetime right to purchase does not guarantee a place at any specific event; the Company does not guarantee availability at any event. (b) Event Fee: Attendance at each annual summit event requires payment of a fixed event attendance fee of CHF 2,500 per Seat Holder per year. The fee is confirmed in the invitation and must be paid by the Seat Holder to secure their place. (c) Seat Holder Responsibility: Each attending Seat Holder is responsible for the payment of the applicable event fee of CHF 2,500 per year, as well as all costs related to their own travel, accommodation, and personal expenses in connection with event attendance. The Company’s obligation to hold annual summit events is subject to commercial viability and at the Company’s discretion. If no annual summit event is held in a given calendar year, Seat Holders’ right to purchase attendance places for that year lapses without compensation or liability to the Company.

3.18 For the avoidance of doubt, the event attendance fee of CHF 2,500 per Seat Holder per year, together with travel, accommodation, and all other costs related to attendance at any FF&A Academy event, are the sole responsibility of the attending Seat Holder and are not included in the price of any Course package.

3.19 The Company may update or modify Course content, structure, or delivery format at any time, provided the core value is not materially reduced.

3.20 The Course is provided exclusively in digital form.

3.21 Access to community features may be modified, restricted, or discontinued at the Company’s discretion.

4. Contract Formation

4.1 The presentation of the Course and its packages on the website does not constitute a legally binding offer, but rather an invitation for the User to submit an order or, where applicable, an application.

4.2 By submitting an order, completing a purchase, or applying for a package, the User makes a binding offer to enter into a contract with the Company.

4.3 Coaching Package (CHF 25,000)

4.3.1 For the Coaching Package, a contract between the User and the Company is concluded when one of the following occurs, whichever comes first:

1. the Company confirms the order via email;

2. payment is successfully processed; or

3. access to the Course is granted.

4.3.2 The Company reserves the right to refuse or cancel an order in exceptional cases, including but not limited to pricing errors, suspected fraud, or technical issues.

4.4 Light Consulting Package (CHF 50,000)

4.4.1 The Light Consulting Package is subject to a selection and approval process. Submission of an application, registration, or payment does not constitute acceptance into the program.

4.4.2 A contract for the Light Consulting Package is only concluded once the Company has expressly confirmed acceptance of the User.

4.4.3 The Company reserves the right, at its sole discretion, to accept or reject any application without providing reasons.

4.4.4 The Company may request additional information from the User prior to making an acceptance decision.

4.4.5 Participation in the Light Consulting Package is subject to availability and limited to a maximum number of Users per Quarter.

4.4.6 If a User is not accepted into the program, any payment made shall be refunded in full within ten (10) business days of the Company issuing written notice of non-acceptance.

4.5 Payment Processing

4.5.1 Payments may be processed via third-party providers (including, but not limited to, Stripe) or via bank transfer.

4.5.2 The use of a payment provider does not in itself constitute acceptance of the User into the Course, particularly for the Light Consulting Package.

4.6 Access Conditions

4.6.1 The Company reserves the right to delay or withhold access to the Course until:

1. payment obligations have been satisfied in accordance with these Terms; and

2. any applicable onboarding or acceptance requirements have been fulfilled.

4.7 User Responsibility

4.7.1 The User is responsible for ensuring that all information provided during the purchase or application process is accurate, complete, and up to date.

4.7.2 The Company shall not be liable for any issues arising from incorrect or incomplete information provided by the User.

5. Pricing and Payment

5.1 All prices are indicated in Swiss Francs (CHF), unless otherwise stated on the website.

5.2 The Company offers the following pricing structure at the time of drafting:

1. Coaching Package: CHF 25,000

2. Light Consulting Package: CHF 50,000

3. Additional Seat (Coaching Package): CHF 1,000 per Seat per twelve (12) month access period (see clause 3.12a).

The Company reserves the right to modify pricing at any time. The price displayed at the time of purchase shall apply.

5.3 Payment for the Coaching Package may be made via one of the following methods:

1. in full at the time of purchase via Stripe; or

2. in up to five (5) installments via Stripe, as made available at checkout; or

3. by Purchase Order (PO), subject to the conditions set out in clause 5.3a below.

5.3a Purchase Order (PO) Payments. Where a purchasing organisation elects to pay by Purchase Order, the Company will provide the following company information for invoicing purposes: Frederic Fernandez & Associates AG, 22 Grubenstrasse, 6315 Oberageri, Switzerland; UID: CHE-294.553.112; Email: zbg@fredericfernandezandassociates.com. The Company will issue an invoice upon receipt of the PO. Access to the Course will be granted upon receipt of a valid PO, notwithstanding that the full invoiced amount remains due and payable by the purchasing organisation. The purchasing organisation remains liable for the full invoice amount regardless of whether access has been granted. The twelve (12) month access period commences from the date on which access is first granted.

5.4 Where installment payments are selected at checkout, the User agrees to complete all scheduled payments in accordance with the installment schedule provided at checkout. The total purchase price for the applicable package remains due in full regardless of the User’s access to or use of the Course. The specific installment schedule, payment amounts, and due dates shall be confirmed in writing at the time of checkout and form part of the contractual agreement.

5.5 Where the Coaching Package is purchased via installment payments through Stripe, access to the Course shall only be granted once all scheduled installment payments have been completed in full. Access will be withheld until full payment has been received, notwithstanding that a contract has been concluded. Failure to complete all installment payments shall result in continued denial of access without prejudice to the Company’s right to recover the full outstanding amount. For the avoidance of doubt, the twelve (12) month access period commences from the date on which access is first granted, not from the date of contract conclusion. Where payment is made by Purchase Order, access is granted in accordance with clause 5.3a above.

5.6 The Light Consulting Package is subject to individually agreed payment terms. The Company reserves the right to determine the applicable payment structure, including requiring full or partial payment prior to granting access.

5.7 Payments may be processed via third-party providers (including, but not limited to, Stripe) or via bank wire transfer, as made available by the Company. International wire transfers may be subject to bank processing fees, which are the responsibility of the User.

5.8 The Company reserves the right to issue invoices and require payment via bank transfer, particularly for business customers or high-value transactions.

5.9 In the event of missed, failed, or delayed payments, the Company reserves the right to:

1. suspend or restrict access to the Course;

2. terminate access without refund; and

3. pursue recovery of any outstanding amounts.

5.9a Without prejudice to any other right or remedy, any amounts not paid by the applicable due date shall bear interest at five percent (5%) per annum from the date of default, calculated on a daily basis, without requirement for prior demand or formal notice. Where mandatory applicable law prescribes a higher statutory rate of default interest, that rate shall apply. Interest accrues on the outstanding principal until the date of actual payment in full.

5.10 The User remains responsible for all agreed payments regardless of actual use, participation, or completion of the Course.

5.11 In the event of reversed payments, chargebacks, or payment disputes, the Company reserves the right to:

1. immediately suspend access to the Course;

2. recover any outstanding amounts;

3. charge reasonable administrative and legal costs associated with the recovery; and

4. restrict or permanently deny future access to the Company’s services.

5.12 All fees are stated exclusive of value added tax (VAT). VAT is applied as follows: (a) where the purchasing organisation is a legal entity established in Switzerland, Swiss VAT at the applicable statutory rate (currently 8.1%) is added and charged at checkout for Stripe payments and shown on the invoice for Purchase Order payments; (b) where the purchasing organisation is a legal entity established outside Switzerland, no Swiss VAT is invoiced by the Company; the purchasing organisation is solely responsible for any reverse-charge VAT, import duties, or equivalent obligations arising in its own jurisdiction in connection with the receipt of cross-border digital services. By purchasing the Course, the purchasing organisation warrants that it is acquiring the Course in the course of its business and that the applicable reverse-charge or self-assessment mechanism applies to the transaction in its jurisdiction.

5.13 The Company shall provide invoices or receipts in electronic form upon successful payment.

5.14 The User agrees not to initiate chargebacks or payment disputes without first contacting the Company to seek a resolution. Where a chargeback is initiated without valid legal basis, the Company reserves the right to recover all outstanding amounts, including any associated fees, administrative costs, and damages. Nothing in this clause shall limit any right the purchasing organisation may have under applicable law or pursuant to any payment card scheme rules.

6. Access to the Course

6.1 Upon successful contract formation and subject to the applicable payment conditions, the User shall be granted access to the Course via the platform designated by the Company.

6.2 Access to the Course is provided in digital form only and requires an internet connection and compatible devices. The User is responsible for ensuring that they meet the necessary technical requirements.

6.3 Access to the Course is granted for a period of twelve (12) months from the date on which access is first activated for the relevant Seat Holder (“Access Period”). Upon expiry of the Access Period, access to the Platform and all Course content will lapse unless the User renews their access by purchasing a further access period in accordance with the then-current pricing. The Company will use reasonable endeavours to notify Seat Holders of the approaching expiry of their Access Period no less than thirty (30) days in advance.

6.5 The Company reserves the right, at its sole discretion, to modify, update, replace, restructure, or discontinue the Course, the platform, or any part thereof at any time.

6.6 The Company does not guarantee uninterrupted or error-free access to the Course. Access may be temporarily restricted due to maintenance, updates, technical issues, or factors beyond the Company’s control.

6.7 The Company shall not be liable for temporary interruptions, delays, or technical issues affecting access to the Course, provided that such issues are not caused by gross negligence or willful misconduct.

6.8 Access to the Course is personal to the User and subject to the usage restrictions set out in these Terms.

6.9 The Company reserves the right to suspend or restrict access to the Course where necessary for security reasons, maintenance, or enforcement of these Terms.

6.10 Access to community features, group sessions, or other interactive elements may be modified, restricted, or discontinued at the Company’s discretion.

6.11 The Company may update or enhance the Course content over time. The User acknowledges that content may evolve and that no obligation exists to maintain any specific version or format of the Course.

6.12 The User acknowledges that access to the Course constitutes full or partial performance of the Company’s contractual obligations. Upon access being granted, the digital content shall be deemed delivered, regardless of the extent of actual use or completion by the User.

6.13 The Company does not guarantee continuous, uninterrupted, or permanent availability of the Course or platform. Access may be suspended, restricted, or limited at any time due to maintenance, updates, security measures, or third-party service failures.

6.14 The Company does not guarantee permanent storage of any Course content, user data, or materials beyond the applicable Access Period or any legally required retention period. The User is responsible for downloading and retaining any content they wish to keep. The Company will retain and delete personal data in accordance with its Privacy Policy and applicable legal obligations.

7. Refund Policy

7.6 Independently of any statutory rights, the Company offers a voluntary refund policy under the following conditions:

1. The User may request a refund within fourteen (14) days from the date of purchase;

2. The refund is only available if the User has not consumed more than twenty-five percent (25%) of the Course content;

3. Course consumption is measured based on total video watch progress across all modules as tracked by the platform.

7.6a For packages that include multiple Seats (Coaching Package or Light Consulting Package), the refund right under clause 7.6 applies to the package as a whole and is assessed against the consumption of the initial account holder (the Seat Holder designated as the primary account representative of the purchasing organisation at the time of purchase). If the initial account holder has consumed more than twenty-five percent (25%) of the Course content, the refund right for the entire package is forfeited.

7.7 If the User has accessed or consumed more than twenty-five percent (25%) of the Course content, no refund shall be granted.

7.8 Refund requests must be submitted in writing to zbg@fredericfernandezandassociates.com.

7.9 The Company reserves the right to verify Course usage data before processing any refund request.

7.10 No refunds shall be granted in the following cases:

1. failure to complete the Course;

2. lack of time, motivation, or engagement;

3. dissatisfaction based on subjective expectations;

4. business or financial outcomes not being achieved.

7.12 Refunds, where applicable, shall be processed using the original payment method, unless otherwise agreed.

8. Intellectual Property

8.1 All content, materials, frameworks, methodologies, concepts, and information provided as part of the Course, including but not limited to the Zero-Based Growth® (ZBG®) methodology, are the exclusive intellectual property of the Company or its licensors and are protected by applicable intellectual property laws.

8.2 The Company grants the User a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Course solely in accordance with these Terms.

8.3 The User is permitted to apply the knowledge, skills, and ideas acquired through the Course in the ordinary course of their personal development and professional or business activities, including in their work for or with third parties. The restrictions in clauses 8.4 and 8.5 apply to Course Materials — being the recordings, written frameworks, templates, presentation decks, and other proprietary content provided as part of the Course — and to the ZBG® trademark and brand identifiers. This clause does not restrict the User’s general professional activities or the application of knowledge and ideas independently acquired or developed.

8.4 The User is strictly prohibited from:

1. reproducing, copying, recording, or distributing any Course content;

2. making the Course or any part of it available to third parties;

3. sublicensing, reselling, or commercializing the Course content;

4. presenting, reproducing, or incorporating Course Materials (recordings, written frameworks, templates, or decks) in or as part of any external consulting, training, teaching, or advisory services delivered to third parties, whether paid or unpaid, without the prior written consent of the Company;

5. creating derivative works, competing products, or similar frameworks based on the Course content;

6. removing, altering, or obscuring any proprietary notices or branding.

8.5 Any unauthorized use of the Course content or the ZBG® methodology constitutes a material breach of these Terms and may result in:

1. immediate suspension or termination of access without refund;

2. claims for damages; and

3. any additional remedies available under applicable law.

8.6 The Company reserves all rights not expressly granted to the User under these Terms.

8.7 The User may not represent themselves as a partner, affiliate, or authorized representative of the Company without prior written consent.

9. User Obligations and Acceptable Use

9.1 The User agrees to use the Course in a lawful, respectful, and responsible manner and in accordance with these Terms.

9.2 The User shall not:

1. use the Course for any unlawful, fraudulent, or misleading purpose;

2. interfere with or disrupt the operation of the Course or the platform;

3. attempt to gain unauthorized access to any part of the Course, platform, or related systems;

4. use automated systems, bots, or scraping tools to access or extract content;

5. upload, share, or distribute any harmful, offensive, defamatory, or inappropriate content within any community or interactive feature.

9.3 Where the Course includes access to a private community, group sessions, or interactive environment, the User agrees to:

1. engage respectfully with other participants;

2. refrain from harassment, discrimination, or abusive behavior;

3. not promote, advertise, or solicit services, products, or business opportunities without prior written consent from the Company.

9.4 The User shall not misuse the Course for competitive purposes, including but not limited to:

1. extracting content for the purpose of developing competing products or services;

2. systematically extracting, reproducing, or reverse-engineering the Course structure or Course Materials for the purpose of developing a competing product, service, or framework;

3. systematically collecting information or materials for redistribution.

9.5 The User is responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account.

9.6 The User shall promptly notify the Company of any unauthorized use of their account or any security breach.

9.7 The Company reserves the right to monitor User activity within the Course and any associated community for the purpose of ensuring compliance with these Terms.

9.8 In the event of a breach of this Section, the Company may, at its sole discretion and without prior notice:

1. suspend or terminate the User’s access to the Course;

2. remove any content posted by the User;

3. restrict participation in community features; and

4. take any additional measures necessary to protect the integrity of the Course and other Users.

9.9 The Company shall not be liable for the conduct of other Users within any community or interactive environment.

9.10 The User acknowledges that access to community features is a privilege and not a guaranteed component of the Course, and may be modified, restricted, or discontinued at any time.

9.11 The Company reserves the right to implement technical measures to detect and prevent unauthorized access, account sharing, or misuse of the Course. This may include monitoring login patterns, device usage, and access behavior in accordance with applicable data protection laws.

10. Termination and Suspension

10.1 The Company reserves the right to suspend or terminate the User’s access to the Course as follows: (i) for payment defaults: the Company shall provide written notice to the purchasing organisation with a ten (10) business day cure period; access may be suspended or terminated if the default remains unremedied at the expiry of that period; (ii) for all other material breaches listed below: the Company may act with immediate effect and without prior notice. The right to suspend or terminate applies where the User:

1. breaches these Terms;

2. engages in unauthorized sharing, misuse, or infringement of intellectual property:

3. fails to comply with payment obligations; or

4. uses the Course in a manner that may harm the Company, its reputation, or other Users.

10.2 In the event of termination due to a breach of these Terms, no refund shall be granted and any outstanding payment obligations shall remain due.

10.3 The Company may suspend access to the Course temporarily for operational, security, or technical reasons without liability.

10.4 The User may terminate their participation in the Course at any time by ceasing use of the Course. Such termination does not entitle the User to any refund unless explicitly stated in these Terms.

10.5 Upon termination or suspension:

1. the User’s access to the Course shall be revoked;

2. any rights granted under these Terms shall immediately cease;

3. the User must discontinue all use of the Course content.

10.6 Termination or suspension shall not affect any rights, remedies, or claims of the Company that have accrued prior to termination.

10.7 The following provisions shall survive termination:

1. Intellectual Property (Section 8);

2. User Obligations and Acceptable Use (Section 9);

3. Payment obligations (Section 5);

4. Liability and Disclaimers (Section 11); and

5. Governing Law and Dispute Resolution (Section 12).

11. Liability and Disclaimer

11.1 The Course is provided for educational and informational purposes only and does not constitute legal, financial, investment, or professional advice.

11.2 The Company makes no representations, warranties, or guarantees regarding any specific results, outcomes, or performance improvements arising from the use of the Course. Individual results may vary.

11.3 To the maximum extent permitted by applicable law, the Company shall not be liable for:

1. indirect, incidental, or consequential damages;

2. loss of profits, revenue, business opportunities, or goodwill;

3. business interruption or loss of data;

4. any decisions made or actions taken by the User based on the Course content.

11.4 To the maximum extent permitted by applicable law, the Company’s total liability arising out of or in connection with these Terms or the Course shall be limited to the total amount paid by the User for the Course. This limitation shall not apply in cases of gross negligence, willful misconduct, or where liability cannot be excluded under applicable law.

11.5 Nothing in these Terms shall exclude or limit liability for:

1. gross negligence or willful misconduct;

2. death or personal injury caused by negligence; or

3. any liability that cannot be excluded or limited under applicable law.

11.6 The Company does not guarantee that the Course or the platform will be uninterrupted, error-free, or free from technical issues.

11.7 The Company shall not be liable for any delays, interruptions, or failures resulting from events beyond its reasonable control, including but not limited to technical failures, internet outages, or third-party service disruptions.

11.8 The User acknowledges that the application of any knowledge or strategies learned in the Course is at their own risk and discretion.

11.9 To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Company from any claims, liabilities, damages, or expenses arising out of the User’s misuse of the Course or violation of these Terms.

1.10 In these Terms, “Business Day” means any day other than a Saturday, Sunday, or Swiss public holiday in the Canton of Zug; “initial account holder” means the individual Seat Holder designated by the purchasing organisation as the primary account representative at the time of purchase (and as updated by written notice to the Company); and “in writing” or “written” includes communication by email to the address specified for each party in these Terms, unless a specific clause requires a different method.

11.10 The User acknowledges that any guidance, feedback, or coaching provided as part of the Course is of a general and educational nature and does not constitute tailored professional advice. The User remains solely responsible for all business, financial, and strategic decisions.

11.11 While the Company implements reasonable technical and organizational measures to protect the Course and user data, no system can be guaranteed to be completely secure. The User acknowledges and accepts the inherent risks of using online services.

11.12 The Company shall not be liable for the performance, availability, security, or actions of any third-party service providers, including but not limited to payment processors, hosting providers, analytics tools, or platform infrastructure.

12. Data Protection and Privacy

12.1 The Company processes personal data in connection with the provision of the Course in accordance with applicable data protection laws, including the Swiss Federal Act on Data Protection (nDSG/FADP), as revised and in force since 1 September 2023, and its implementing ordinance (DSV), and, where applicable, the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679) and the UK GDPR and Data Protection Act 2018.

12.1a The Company collects personal data from each individual Seat Holder designated under a Coaching Package or Light Consulting Package, including (but not limited to) the Seat Holder’s name, email address, and course engagement data. Where a purchase is made by an organisation on behalf of a team, the purchasing organisation is responsible for ensuring that each Seat Holder has been informed of and has been informed of the processing of their personal data as described in the Privacy Policy.

12.2 Personal data may be collected and processed for purposes including:

1. account creation and Course access;

2. payment processing;

3. communication with the User;

4. delivery and improvement of the Course; and

5. analytics and platform optimization.

12.3 The Company uses third-party service providers to deliver the Course and related services, including but not limited to:

1. Buildable (course hosting and user data storage);

2. Stripe (payment processing);

3. Google Analytics (usage analytics);

4. Hotjar (behavioral analytics); and

5. Framer (website hosting);

6. Cloudflare (content delivery network, infrastructure, and DDoS protection); and

7. LinkedIn (marketing and retargeting, where the LinkedIn Insight Tag is active on the Platform).

12.4 These third-party providers may process personal data on behalf of the Company in accordance with their respective privacy policies and applicable data protection laws.

12.5 Further information on how personal data is collected, used, and protected is set out in the Company’s Privacy Policy and Cookie Policy, which form an integral part of these Terms.

12.6 By using the Course, the User acknowledges that their personal data may be transferred to and processed in jurisdictions outside their country of residence, including countries that may not provide the same level of data protection, subject to appropriate safeguards.

12.7 The User is responsible for ensuring that any personal data they provide is accurate and up to date.

12.8 Where the User provides personal data of third parties (for example, within assignments or submissions), the User represents and warrants that they have the necessary rights and permissions to do so.

12.9 In the event of any conflict between these Terms and the Privacy Policy regarding data protection, the Privacy Policy shall prevail.

12.10 Data Processing Addendum. Where the purchasing organisation is a legal entity established in the European Economic Area (EEA) or the United Kingdom (a “Controller Organisation”), the following terms supplement and form part of these Terms from the date of purchase, constituting a Data Processing Agreement (“DPA”) in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR), the Swiss Federal Act on Data Protection as revised and in force from 1 September 2023 (nFADP/DSG 2023), and, where applicable, the UK GDPR. For the purposes of this clause 12.10 onwards: “Controller” means the Controller Organisation; “Processor” means Frederic Fernandez & Associates AG (the Company); “Data Subjects” means the individual Seat Holders whose personal data is processed for the delivery of the Course; “Personal Data” has the meaning given in the GDPR.

12.11 Subject Matter, Duration, and Nature of Processing. The subject matter of the processing is the delivery of the ZBG Sprint Course to the designated Seat Holders of the Controller Organisation. Processing commences upon account creation for the first Seat Holder and continues for the duration of the Access Period plus any legally required retention periods. The nature of the processing includes: (a) storage and retrieval of account data; (b) delivery and tracking of digital course content; (c) management of group Q&A call participation; and (d) provision of platform analytics to the Controller Organisation on request.

12.12 Categories of Personal Data and Data Subjects. The Processor processes the following categories of Personal Data concerning Seat Holders: (a) identification data (name, job title); (b) contact data (business email address); (c) account credentials (encrypted); (d) course engagement data (video watch progress, login history, call attendance); and (e) any data voluntarily submitted by Seat Holders in community or interactive features. Data Subjects are limited to the individual Seat Holders designated by the Controller Organisation.

12.13 Processor Obligations. The Processor shall: (a) process Personal Data only on documented instructions from the Controller, as set out in these Terms, unless required to do so by applicable law; (b) ensure that persons authorised to process Personal Data are subject to confidentiality obligations; (c) implement appropriate technical and organisational security measures in accordance with Article 32 GDPR; (d) not engage another processor (Sub-Processor) without the Controller’s prior specific or general written authorisation; (e) taking into account the nature of the processing, assist the Controller in fulfilling its obligations to respond to Data Subject rights requests; (f) notify the Controller without undue delay (and in any event within 72 hours) upon becoming aware of a Personal Data breach affecting the Controller’s data; (g) upon termination of the DPA, at the choice of the Controller, delete or return all Personal Data and delete existing copies, unless applicable law requires storage; and (h) make available all information necessary to demonstrate compliance with this clause 12.13 and allow for audits by the Controller, subject to reasonable prior notice and the protection of the Processor’s confidential information.

12.14 Authorised Sub-Processors. The Controller grants general written authorisation to the Processor to engage the Sub-Processors listed in clause 12.3 of these Terms. The Processor shall: (a) inform the Controller of any intended changes to Sub-Processors (additions or replacements) with at least thirty (30) days’ prior notice; and (b) impose data protection obligations on each Sub-Processor by contract that are equivalent to those set out in this DPA. The Controller may object to a new Sub-Processor on reasonable grounds within the notice period; if the objection cannot be resolved, the Controller may terminate the affected package within thirty (30) days and receive a pro-rated refund of the remaining Access Period.

12.15 International Data Transfers. Where Personal Data is transferred to a country outside the EEA or UK that does not benefit from an adequacy decision, the transfer shall be subject to appropriate safeguards pursuant to Article 46 GDPR, including Standard Contractual Clauses (SCCs) as adopted by the European Commission (Commission Implementing Decision (EU) 2021/914) or the UK IDTA, as applicable. Switzerland is recognised as providing an adequate level of protection for transfers from the EEA pursuant to Commission Decision 2000/518/EC; transfers from Switzerland to the Company’s registered address in Switzerland accordingly do not require additional transfer mechanisms. The Processor shall, upon written request from the Controller, provide copies of applicable SCCs or other transfer safeguards.

13. Governing Law and Dispute Resolution

13.1 These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles.

13.2 In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Course, the Parties shall first attempt to resolve the matter in good faith through informal negotiations.

13.3 If the dispute cannot be resolved within a reasonable period of time, it shall be finally settled by arbitration.

13.4 The arbitration shall be conducted in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers’ Arbitration Institution (SCAI), as in force at the time of the commencement of the arbitration.

13.5 The seat of arbitration shall be Zug, Switzerland.

13.6 The language of the arbitration shall be English.

13.7 The arbitral tribunal shall consist of one (1) arbitrator.

13.8 The decision of the arbitrator shall be final and binding upon the Parties.

13.9 Notwithstanding the foregoing, the Company shall have the right to seek injunctive or equitable relief in any competent court, including the courts of Zug, Switzerland, in order to protect its intellectual property rights or confidential information.

13.10 Subject to Clause 13.9, all disputes shall be resolved exclusively by arbitration as set out in this Section. Recourse to state courts is excluded except where required to enforce arbitral awards or to obtain interim or injunctive relief.

14. Miscellaneous

14.1 Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the User and the Company in relation to the Course and supersede all prior agreements, understandings, or communications.

14.2 Amendments. The Company reserves the right to modify or update these Terms at any time. Material amendments meaning changes that significantly affect the User’s rights, obligations, or the scope of the Course will be communicated to Users by email to the registered address no less than fourteen (14) days before taking effect. Where a User does not accept a material amendment, they may notify the Company in writing before the effective date and receive a pro-rated refund in respect of any unexpired portion of their Access Period. Non-material amendments (such as typographical corrections or administrative updates) may take effect immediately upon publication on the Platform with an updated effective date.

14.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 No Waiver
The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.5 Assignment
The User may not assign or transfer any rights or obligations under these Terms to a third party without prior written consent of the Company, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the User may assign its rights under these Terms within its corporate group (including to a parent company, subsidiary, or affiliate under common control) provided it gives the Company written notice within thirty (30) days of such transfer and the assignee assumes all obligations under these Terms in writing. The Company may assign or transfer its rights and obligations without restriction.

14.6 Force Majeure
The Company shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, strikes, technical failures, or interruptions in internet services.

14.7 Relationship of the Parties
Nothing in these Terms shall be deemed to create any partnership, joint venture, employment, or agency relationship between the User and the Company.

14.8 Anti-Corruption and Compliance. Each party represents and warrants that it has not, and will not, offer, pay, promise, or authorise the payment of anything of value to any person for the purpose of improperly obtaining or retaining business or securing any improper advantage, in violation of applicable anti-bribery and anti-corruption laws including the Swiss Criminal Code (Art. 322ter-322undecies), the UK Bribery Act 2010, and the US Foreign Corrupt Practices Act, as applicable. Each party shall maintain adequate procedures to prevent bribery and corruption in connection with the performance of its obligations under these Terms.

14.9 Complaint Handling. If a User has a complaint about the Course, the Platform, or these Terms, the User is encouraged to contact the Company in the first instance at zbg@fredericfernandezandassociates.com. The Company will acknowledge complaints within five (5) business days and endeavour to provide a substantive response within thirty (30) days. Where a complaint cannot be resolved internally, the parties shall follow the dispute resolution procedure set out in clause 13.

14.10 Language

These Terms are drafted in English. In the event of any inconsistency between translated versions, the English version shall prevail.

14.11 Contact Information.

Frederic Fernandez & Associates AG

UID: CHE-294.553.112

22 Grubenstrasse, 6315 Oberageri, Switzerland

Email: zbg@fredericfernandezandassociates.com