Terms of Service | Neurotoned

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Neurotoned LLC, a Delaware limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Neurotoned website, mobile applications, and all associated services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Service.

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. If you are accessing the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Neurotoned is an online wellness education platform that provides digital programs, courses, and educational content focused on somatic therapy, breathwork, nervous system regulation, and holistic healing practices. The Service may include, but is not limited to:

Pre-recorded video lessons and guided practices
Breathwork and somatic movement exercise libraries
Nervous system healing and regulation programs
Educational articles, guides, and downloadable resources
Community forums and discussion spaces
Progress tracking and personalized recommendations

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Health & Wellness Disclaimer

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE LIMITATIONS OF THE SERVICE.

The content provided through the Service, including all programs, exercises, techniques, guides, videos, and written materials related to somatic therapy, breathwork, nervous system healing, and any other wellness practices, is intended solely for general educational and informational purposes. The Service is NOT a substitute for professional medical advice, diagnosis, or treatment.

No Medical Advice. Nothing contained in or provided through the Service constitutes, or is intended to constitute, medical advice, professional diagnosis, opinion, or treatment. The information provided should never be used to self-diagnose or self-treat any health, medical, or physical condition.

No Therapist-Client Relationship. Use of the Service does not establish a therapist-client, doctor-patient, or any other professional healthcare relationship between you and Neurotoned, its employees, contractors, or affiliates. The educators and content creators featured on the platform are providing educational content and are not acting as your personal healthcare providers.

Consult Your Physician. You should always consult a qualified healthcare professional before beginning any new exercise, breathwork, somatic movement, or wellness program, particularly if you have any pre-existing medical conditions, physical limitations, injuries, or if you are pregnant or nursing. If you experience any pain, discomfort, dizziness, difficulty breathing, or other adverse symptoms during any practice, stop immediately and seek medical attention.

Specific Risks of Somatic and Breathwork Practices. Breathwork techniques, somatic exercises, and nervous system regulation practices may produce intense physical and emotional responses, including but not limited to:

Dizziness, lightheadedness, or hyperventilation
Tingling, numbness, or changes in body temperature
Emotional releases, including crying, anger, or anxiety
Muscle tremors, involuntary movements, or fatigue
Resurfacing of traumatic memories or emotional distress
Changes in blood pressure or heart rate

These practices may not be suitable for individuals with cardiovascular conditions, respiratory disorders, epilepsy, severe psychiatric conditions, a history of trauma-related disorders, or other serious medical conditions. You assume full responsibility for assessing whether a particular practice is appropriate for your health condition.

Individual Results Vary. The outcomes and experiences described in our programs, testimonials, or marketing materials are not guaranteed. Results are highly individual and depend on numerous factors, including but not limited to your physical health, mental health, consistency of practice, and pre-existing conditions.

Assumption of Risk. By using the Service and participating in any exercises, techniques, or practices offered, you voluntarily assume all risks associated with such activities, including the risk of physical injury, emotional distress, or exacerbation of existing conditions. You agree that Neurotoned shall not be held liable for any injury, loss, or damage arising from your use of the Service.

4. User Accounts

To access certain features of the Service, you must create an account. When creating an account, you agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information to keep it accurate and complete
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

Each person may maintain only one (1) account. You may not create an account using false or misleading information, or on behalf of another person without their explicit consent. We reserve the right to suspend or terminate any account that we reasonably believe violates these Terms, contains inaccurate information, or is being used fraudulently.

You are solely responsible for any activity conducted through your account, whether or not authorized by you. We shall not be liable for any loss or damage resulting from unauthorized access to your account due to your failure to safeguard your credentials.

5. Subscription & Auto-Renewal

Access to the Service is provided on a subscription basis. By subscribing, you agree to the following terms:

Subscription Plans. We offer yearly subscription plans as described on our pricing page. All subscription fees are quoted in United States Dollars (USD) and are inclusive of the features described at the time of purchase.

Auto-Renewal. Your subscription will automatically renew at the end of each billing cycle (annually) at the then-current subscription rate unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on file for each renewal period until you cancel.

Price Changes. We may change subscription pricing from time to time. Any price changes will be communicated to you at least thirty (30) days before they take effect. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

Free Trials. We may offer free trial periods at our discretion. If you sign up for a free trial, you may be required to provide a valid payment method. Unless you cancel before the end of the free trial period, your payment method will be automatically charged the applicable subscription fee. Free trial eligibility is limited to one trial per person, and we reserve the right to revoke trial access if we determine abuse of the trial offer.

How to Cancel. You may cancel your subscription at any time from your account settings. Cancellation is effective at the end of your current billing cycle, and you will retain access to the Service until that date. In compliance with the FTC Click-to-Cancel rule, cancellation is as simple as the sign-up process and does not require you to contact customer support, navigate excessive steps, or endure retention offers. You may cancel directly through your account dashboard with a single action.

No Partial Refunds on Cancellation. Unless otherwise stated in our Refund Policy (Section 7), cancellation does not entitle you to a prorated refund for the unused portion of your current billing cycle.

6. Payment Terms

All payments for the Service are processed securely through Stripe, a third-party payment processor. By providing your payment information, you agree to Stripe's terms of service and privacy policy.

Currency. All charges are billed in United States Dollars (USD).
Billing Cycle. Subscription fees are charged at the beginning of each billing period (annually). Your billing cycle starts on the date of your initial purchase or the date your free trial converts to a paid subscription.
Payment Methods. We accept payment methods as supported by Stripe, including major credit cards and debit cards. You are responsible for ensuring your payment method on file is valid and has sufficient funds.
Failed Payments. If a scheduled payment fails, we may attempt to process the charge again. If payment cannot be collected after reasonable attempts, we may suspend or terminate your access to the Service. You remain responsible for any outstanding amounts owed.
Taxes. You are responsible for all applicable taxes, duties, or levies associated with your purchase, unless otherwise required by law.

7. Refund & Cancellation Policy

30-Day Money-Back Guarantee. If you are not satisfied with the Service, you may request a full refund within thirty (30) days of your initial purchase date. To request a refund, contact us at support@neurotoned.com with your account details and reason for the request. Refunds will be issued to the original payment method within ten (10) business days of approval.

After 30 Days. After the 30-day money-back guarantee period, all payments for digital content and services are non-refundable. Because the Service provides immediate access to digital content upon subscription, refunds beyond the guarantee period are not available.

Cancellation vs. Refund. Cancelling your subscription and requesting a refund are separate actions. Cancelling your subscription stops future billing but does not automatically generate a refund. If you wish to request a refund within the eligible period, you must do so explicitly by contacting our support team.

Renewal Refunds. If you are charged for an auto-renewal and did not intend to renew, you may contact us within seven (7) days of the renewal charge to request a refund for that renewal period.

8. Intellectual Property

All content available through the Service, including but not limited to text, graphics, photographs, videos, audio recordings, animations, software, logos, trademarks, and the overall design and arrangement of the Service (collectively, "Content"), is the exclusive property of Neurotoned LLC or its licensors and is protected by United States and international intellectual property laws, including copyright, trademark, and trade secret laws.

Limited License. Subject to your compliance with these Terms and for the duration of your active subscription, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Content solely for your personal, non-commercial use.

Restrictions. You may not, without our prior written consent:

Download, copy, reproduce, distribute, or redistribute any Content
Record, capture, or screenshot any video, audio, or other multimedia Content
Share, resell, sublicense, or otherwise make Content available to third parties
Modify, adapt, translate, reverse-engineer, or create derivative works from the Content
Remove, alter, or obscure any copyright, trademark, or proprietary notices
Use the Content for commercial purposes, including but not limited to training, coaching, or resale
Use automated tools to access, scrape, or index the Content

DMCA Process. We respect the intellectual property rights of others. If you believe that any Content on the Service infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) to our designated agent at support@neurotoned.com. Your notice must include: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Service; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized agent.

9. User-Generated Content

The Service may allow you to submit or post content, including but not limited to testimonials, reviews, comments, and community posts ("User Content"). By submitting User Content, you grant Neurotoned LLC a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content in any media for any purpose, including marketing and promotional activities.

You represent and warrant that you own or have the necessary rights to submit User Content and that your submissions do not violate any third-party rights, including intellectual property, privacy, or publicity rights.

FTC Compliance. If you provide a testimonial or endorsement, you agree to comply with applicable Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials. Any material connection between you and Neurotoned (such as receiving free access, compensation, or other incentives) must be clearly and conspicuously disclosed. We reserve the right to remove or edit any User Content that does not comply with these guidelines.

10. AI-Generated Content Disclosure

Portions of the content, recommendations, or materials available through the Service may be created or assisted by artificial intelligence ("AI") technologies. While AI-assisted content is reviewed and curated by our team, we make no representations or warranties regarding the accuracy, completeness, or reliability of AI-generated content. All AI-assisted content is provided for informational and educational purposes only and is subject to the Health & Wellness Disclaimer set forth in Section 3 of these Terms.

We are committed to transparency and will endeavor to identify content that is substantially AI-generated when reasonably practicable. However, we reserve the right to use AI tools in the creation and delivery of the Service without specific disclosure for each individual piece of content.

11. Prohibited Uses

You agree not to use the Service for any purpose that is unlawful, harmful, or otherwise prohibited by these Terms. Specifically, you shall not:

Attempt to gain unauthorized access to the Service, other user accounts, or any related systems or networks (hacking)
Use bots, scrapers, spiders, crawlers, or other automated tools to access, index, or extract data from the Service
Share your account credentials with others or allow multiple individuals to use a single account
Introduce viruses, malware, worms, trojans, or other malicious code to the Service
Engage in harassment, bullying, intimidation, or abusive behavior toward other users or staff
Post or transmit content that is defamatory, obscene, hateful, discriminatory, or otherwise objectionable
Impersonate any person or entity, or falsely represent your affiliation with any person or entity
Use the Service to engage in any commercial solicitation, advertising, or spam
Interfere with or disrupt the integrity or performance of the Service or its infrastructure
Circumvent, disable, or interfere with any security features of the Service
Use the Service in violation of any applicable local, state, national, or international law

Violation of these prohibitions may result in immediate suspension or termination of your account, at our sole discretion, without prior notice or liability.

12. Third-Party Services

The Service may integrate with or contain links to third-party websites, services, or applications, including but not limited to Stripe for payment processing. These third-party services are not under our control, and we are not responsible for their content, privacy policies, or practices.

Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review such terms before engaging with any third-party service. We do not endorse, warrant, or assume any responsibility for any third-party services, products, or content, and shall not be liable for any loss or damage arising from your use of or reliance on such services.

13. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Neurotoned LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that:

The Service will be uninterrupted, timely, secure, or error-free
The results obtained from the Service will be accurate or reliable
Any defects in the Service will be corrected
The Service will be free of viruses or other harmful components
The Service will meet your specific requirements or expectations

Any reliance on the Service or its content is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEUROTONED LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Neurotoned LLC, its officers, directors, members, employees, agents, affiliates, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

Your use of or access to the Service
Your violation of these Terms
Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
Your User Content
Any injury or harm resulting from your participation in exercises, practices, or techniques described in the Service
Any misrepresentation made by you

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

16. Dispute Resolution

Governing Law. These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@neurotoned.com to attempt to resolve the dispute informally. We will endeavor to resolve the dispute within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within this period, either party may proceed with formal dispute resolution as described below.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in the State of Delaware, or at another mutually agreed location. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND NEUROTONED LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator shall have no authority to consolidate claims or preside over any form of class, collective, or representative proceeding. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.

Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17. Termination

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to a breach of these Terms, fraudulent or illegal activity, or conduct that we determine, in our sole discretion, to be harmful to us, other users, or the integrity of the Service. We may provide notice of such termination, but are not required to do so.

Upon termination, your right to access and use the Service shall immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 3 (Health & Wellness Disclaimer), 8 (Intellectual Property), 13 (Disclaimers of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 16 (Dispute Resolution), and 19 (Severability & General Provisions).

Termination of your account does not entitle you to any refund of fees paid, except as expressly provided in Section 7 (Refund & Cancellation Policy).

18. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion. When we make material changes, we will notify you by:

Posting the updated Terms on the Service with a revised "Last updated" date
Sending a notification to the email address associated with your account
Displaying a prominent notice on the Service

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and cancel your subscription.

We encourage you to review these Terms periodically to stay informed of any changes. It is your responsibility to check for updates.

19. Severability & General Provisions

Severability. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

Entire Agreement. These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Neurotoned LLC with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

Waiver. The failure of Neurotoned LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by an authorized representative of Neurotoned LLC.

Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms freely, in whole or in part, without restriction and without notice to you.

Force Majeure. Neurotoned LLC shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government actions, power failures, or internet or telecommunications failures.

Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

No Third-Party Beneficiaries. These Terms are intended for the benefit of the parties hereto and do not create any third-party beneficiary rights.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

Neurotoned LLC
8 The Green STE B, Dover, DE 19901
Email: support@neurotoned.com
Phone: +1-910-777-7061

We will endeavor to respond to all inquiries within a reasonable timeframe.