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Terms & Conditions

TERMS, CONDITIONS AND DISCLAIMERS
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Metacognition Institute (MCI) Stress Management Programs

 

1. DEFINITIONS

  • "Program" refers to the MCI Stress Management Programs, including all associated tools, techniques, and HRV monitoring services

  • "MCI" refers to the Metacognition Institute and its affiliates

  • "User" refers to any individual participating in the Program

  • "HRV" refers to Heart Rate Variability measurements and associated data

  • "Services" refers to all products, content, and services provided by MCI, like the Interactive Avatar, the stress games, etc.

 

2. PROGRAMS NATURE AND LIMITATIONS

2.1. Non-Medical Status

  • These Programs are strictly educational and informational in nature

  • The Programs are NOT medical treatment, therapy, or healthcare service

  • No medical diagnosis, treatment, or professional healthcare advice is provided

  • The Programs are NOT a substitute for professional medical care

2.2. Data Limitations

  • HRV measurements and biometric data are provided for informational purposes only

  • Accuracy may be affected by multiple factors including but not limited to:

    • Device placement and fit

    • User's physical characteristics

    • Environmental conditions

    • Activity levels

    • Technical limitations of measurement devices

 

3. USER RESPONSIBILITIES AND ACKNOWLEDGMENTS

The User acknowledges and agrees that:

3.1. Health Conditions

  • User must consult healthcare providers before starting the Program

  • User must obtain medical clearance if they have:

    • Heart conditions

    • Mental health conditions

    • Chronic medical conditions

    • Current medications

    • Recent surgeries or injuries

    • Pregnancy or possible pregnancy

    • Any other health concerns

3.2. Risk Acceptance

  • Participation in the Programs is entirely voluntary

  • All risks associated with participation are assumed by the User

  • User is responsible for proper implementation of techniques

  • User must discontinue participation and seek medical care if adverse effects occur

 

4. LIABILITY LIMITATIONS AND INDEMNIFICATION

4.1. Disclaimer of Warranties

  • THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND

  • NO GUARANTEES OF RESULTS OR IMPROVEMENTS ARE MADE

  • MCI MAKES NO WARRANTIES REGARDING ACCURACY OF HRV DATA

  • ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED

4.2. Limitation of Liability MCI shall not be liable for:

  • Any direct, indirect, incidental, special, or consequential damages

  • Lost profits or data

  • Business interruption

  • Personal injury or death

  • Emotional distress

  • Any claims based on User's implementation of Program techniques

4.3. Indemnification User agrees to indemnify and hold harmless MCI, its officers, directors, employees, agents, and affiliates from:

  • Claims arising from User's participation in the Programs

  • Violations of these Terms

  • Misuse of Programs materials or techniques

  • Any actions taken based on Programs information

  • Any form of defamation, harassment, or malicious content posted on social media platforms, online forums, review sites, or any other digital or traditional media channels, including but not limited to:

    • False or misleading statements about MCI or the Program

    • Unauthorized sharing of Program materials or confidential information

    • Harassment of MCI staff, affiliates, or other Program participants

    • Deliberate attempts to damage MCI's reputation

    • Creation of false accounts or profiles to criticize or misrepresent MCI

    • Incitement of others to take adverse actions against MCI

  • Any costs, including legal fees, incurred by MCI in addressing such actions

4.4. Social Media and Online Conduct Users specifically agree to:

  • Engage in respectful communication regarding the Program

  • Address any concerns directly with MCI before posting public complaints

  • Refrain from sharing confidential Program information on social platforms

  • Not create or participate in groups aimed at damaging MCI's reputation

  • Acknowledge that violation of these terms may result in legal action

 

5. INTELLECTUAL PROPERTY

5.1. Ownership

  • All Programs materials are intellectual property of Manuel Delaflor and MCI

  • Copyright and trademark rights are reserved

  • Patents pending where applicable

5.2. Usage Restrictions

  • No reproduction without written permission

  • No distribution or sharing of materials

  • No commercial use or adaptation

  • No reverse engineering of techniques or methods

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6. PRIVACY AND DATA

6.1. Data Collection

  • User consents to collection of HRV and other biometric data

  • Personal information will be handled according to Privacy Policy

  • Anonymous data may be used for research and improvement

6.2. Data Security

  • Standard security measures are implemented

  • No guarantee of absolute security is made

  • Users responsible for securing their access credentials

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7. TERMINATION

MCI reserves the right to:

  • Terminate User access at any time

  • Modify Program contents without notice

  • Change these Terms with notification

  • Refuse service to anyone

 

8. GOVERNING LAW AND JURISDICTION

  • These Terms are governed by laws of The United Kingdom

  • Exclusive jurisdiction in courts of The United Kingdom

  • Any disputes must be filed within one year of occurrence

 

9. SEVERABILITY

If any provision is found unenforceable:

  • Remaining provisions remain in full effect

  • Unenforceable provision shall be modified to reflect original intent

 

10. ACCEPTANCE

Use of the Program constitutes acceptance of these Terms. Users who do not agree should not participate in the Program.

 

Last Updated: 02 November 2024 Contact: info@metacognitioninstitute.com

© 2024 Metacognition Institute. All Rights Reserved.

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