NFR™ End-User Terms of Service and Neural Data Consent

PLEASE READ THESE TERMS CAREFULLY. They include a binding arbitration provision and class-action waiver (Section 16), important health and safety disclaimers (Sections 4–5), and your express consent to the collection and processing of neural data (Section 7). By creating an account, signing below, or using the NFR service, you agree to these Terms.

1. Who These Terms Are Between

These Terms of Service ("Terms") are a contract between you ("you," "Client," or "User") and Intention Journey, LLC, the company that owns and operates the Neurofeedback Recalibration™ platform at neurofeedbackrecalibration.com ("NFR," "we," "us," or "our"). Neurofeedback Recalibration™ / NFR™ is a product line and platform of Intention Journey, LLC.

NFR provides a software platform and wellness protocol (the "Service" or "Platform") that works with a third-party EEG headset (currently the Muse™ Athena device) to deliver guided breathwork and audio sessions and to generate derived wellness reports, including a report we call the Truth Curve™.

You access NFR through a licensed or certified professional — a coach, therapist, chiropractor, psychologist, or similar provider ("Practitioner") — who invites or enrolls you onto the Platform. You may use the Service in a session with your Practitioner or on your own, at home and at your own pace, through the NFR member portal. The Practitioner is an independent business. The Practitioner is not NFR's agent, employee, or partner, and NFR is not the Practitioner's agent, employee, or partner. NFR does not control, supervise, or take responsibility for the Practitioner's services, advice, conduct, pricing, or scope of practice. Likewise, the Practitioner does not control NFR's software or data practices.

Your agreement with NFR (these Terms) covers your use of the Platform and how your data is handled. Any agreement about payment, sessions, or the program itself is between you and your Practitioner.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not intended for, and may not be used by, anyone under 18. We do not knowingly collect neural data or other personal information from minors. If we learn we have collected data from a person under 18, we will delete it.

3. The Service

The Service may include some or all of the following:

• A software application that connects to a compatible EEG headset;
• Guided breathwork protocols and audio sessions (which may include binaural or paced-breathing audio);
• A member portal at neurofeedbackrecalibration.com for self-paced, at-home sessions, audio courses, progress tracking, and journaling;
• Collection and processing of EEG signals from the headset during sessions;
• Generation of derived wellness scores and reports (including the "Truth Curve") summarizing patterns in your sessions over time.

Your Practitioner may review your reports with you and use them to support your program. We may add, change, or remove features at any time. The Service depends on a compatible third-party headset, which is not provided, sold, manufactured, warranted, serviced, or supported by NFR (see Section 13).

4. NOT MEDICAL CARE — GENERAL WELLNESS ONLY

The Service is a general wellness product. It is not a medical device, and it is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

• The Service does not provide medical, psychological, psychiatric, or other professional healthcare advice.
• The Truth Curve and any scores, reports, or outputs are wellness indicators only. They are not diagnostic results and should not be relied on as such.
• Nothing in the Service replaces the advice of a qualified physician or licensed health professional.
• The Service has not been evaluated or cleared by the U.S. Food and Drug Administration (FDA).
• Always seek the advice of your physician or qualified health provider with any questions about a medical or mental-health condition. Never disregard professional medical advice or delay seeking it because of something you experienced through the Service. If you think you may have a medical emergency, call your doctor or 911 immediately.

If your Practitioner is a licensed healthcare provider, any care they provide is their professional service under their license — not NFR's.

5. Health, Safety, and Assumption of Risk

The Service may involve breathwork exercises and audio sessions (including binaural or rhythmic audio). These are generally well tolerated but may not be appropriate for everyone.

Do not use the Service, and consult a physician first, if you: have a history of seizures or epilepsy; have a heart condition, low blood pressure, or a respiratory condition; are pregnant; have a history of fainting, dizziness, or dissociation; have a serious psychiatric condition; or have any condition that breath-holding, paced breathing, or audio stimulation could affect.

Stop immediately and seek care if you feel dizzy, faint, short of breath, distressed, or unwell. Do not use the Service while driving or operating machinery.

You voluntarily choose to use the Service and assume all risks associated with it, to the fullest extent permitted by law.

6. Your Account and Acceptable Use

You agree to provide accurate information, keep your credentials secure, and use the Service only for lawful, personal, non-commercial purposes. You will not: reverse engineer, copy, resell, or scrape the Service; interfere with its operation; attempt to access another person's data; or use it to violate any law or third-party right.

7. NEURAL DATA AND PRIVACY POLICY — YOUR CONSENT

This Section is important and serves as our privacy policy for the Service. EEG signals are a form of neural data, which several states (including Colorado, California, Montana, and Connecticut) treat as a distinct and especially sensitive category of personal information. We handle this data accordingly.

For clarity, "Raw Neural Data" means the raw EEG/neural signal data collected from a compatible headset during your NFR sessions. "Derived Outputs" means the wellness scores, reports, charts, Truth Curve outputs, coherence outputs, progress information, and other outputs NFR generates from Raw Neural Data, session metadata, and your use of the Platform. "Client Account Data" means your account, contact, profile, progress, journal, and portal information. "De-identified or Aggregated Data" means data that has been de-identified, anonymized, aggregated, or otherwise processed so that it no longer reasonably identifies you.

(a) What we collect. When you use the Service, we collect: (i) raw EEG and neural data measured by the headset during your sessions; (ii) session metadata (timestamps, settings, durations); (iii) account information (name, email, the Practitioner you work with); and (iv) the derived outputs we generate from the above, including the Truth Curve.

(b) Why we collect it. We process this data to operate the Service, run your sessions, generate your Truth Curve and reports, provide those reports to you and your Practitioner, maintain and secure the Platform, and create de-identified, anonymized, and aggregated data for the research, comparison, and publication purposes described in subsection (j).

(c) Your express opt-in consent. By accepting these Terms, you give your express, informed, opt-in consent for NFR to collect, store, and process your raw EEG/neural data, to generate and share the Truth Curve report as described here, and to de-identify, anonymize, and aggregate your data and use it for research, comparison, and publication as described in subsection (j). You may withdraw this consent at any time as described in Section 9; if you withdraw it, we can no longer provide the Service to you.

(d) Who sees your raw EEG. Your raw EEG/neural data is stored on NFR's systems and is not shared with your Practitioner or any other third party. Your Practitioner receives only the derived outputs described in subsection (e) — never the underlying raw neural data.

(e) Your authorization for your Practitioner. You authorize and direct NFR to make your Derived Outputs available to the Practitioner you work with so that the Practitioner can deliver and support your program. These outputs include your Truth Curve and other session reports and scores, your progress and completion status, the journal entries and notes you create in the portal, and the account and contact details the Practitioner needs to identify and communicate with you. Your Practitioner may view and review these outputs with you and use them to guide your sessions, build or recommend NFR practices, and communicate with you. The Practitioner is in the loop as your guide and program-builder, not as a gatekeeper who withholds or controls your access to your own report. This authorization lasts while you are engaged with that Practitioner and ends when that engagement ends or when you withdraw it by contacting privacy@neurofeedbackrecalibration.com. It does not authorize NFR to share your raw EEG/neural data, which stays private to NFR as described in subsection (d).

(f) Limited sharing. Apart from the outputs you authorize us to share with your Practitioner under subsection (e), we share data only: with service providers (e.g., hosting, infrastructure) bound by confidentiality and processing limits; to comply with law, legal process, or to protect rights and safety; and in a business transfer (e.g., merger), subject to these protections. We do not sell your neural data, and we do not share it for cross-context behavioral advertising.

(g) Retention. We keep your raw neural data only as long as needed to provide the Service or as required by law, and then delete or de-identify it. You can request deletion under Section 9. De-identified, anonymized, and aggregated data is retained and used as described in subsection (j).

(h) Security. We use reasonable administrative, technical, and physical safeguards to protect your data. No system is perfectly secure, and we cannot guarantee absolute security.

(i) Your rights. Depending on where you live, you may have rights to access, correct, delete, or obtain a copy of your personal and neural data, and to withdraw consent. To exercise them, contact us at privacy@neurofeedbackrecalibration.com.

(j) De-identified data, research, and publication. NFR may convert your EEG/neural data, Truth Curve outputs, and other data into de-identified, anonymized, and/or aggregated form, so that it can no longer reasonably be used to identify you. You expressly consent to (i) NFR de-identifying and anonymizing your data, and (ii) NFR retaining, using, comparing, and disclosing that de-identified, anonymized, and aggregated data for any lawful purpose — including research, statistical and cohort analysis, benchmarking and comparison across users and groups, development and improvement of NFR's protocols and methods, and the publication of findings (for example in scientific, academic, clinical, marketing, or commercial materials). NFR will not attempt to re-identify this data and will not publish anything that identifies you. Because this data is no longer personal or neural data attributable to you, it is not subject to subsections (c)–(g), and NFR may keep and use it indefinitely, including after you stop using the Service or request deletion of your identifiable data.

8. License to You

NFR grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own wellness use during your active engagement with your Practitioner. We retain all rights, title, and interest in the Service, the Platform, the Truth Curve methodology, and all related intellectual property. The data outputs and reports are licensed, not sold, to you.

9. Withdrawing Consent; Deletion; Practitioner Changes; Termination

You may stop using the Service, withdraw your neural-data consent, or request deletion of your data at any time by contacting privacy@neurofeedbackrecalibration.com or through any in-app control we provide. We may suspend or terminate your access if you violate these Terms, if your account is no longer eligible for the Service, or if access creates legal, safety, data-security, or platform-integrity risk. On termination, your license ends; we will delete or de-identify your raw neural data consistent with Section 7(g) and applicable law. Sections that by their nature should survive (including 4, 5, 7, 11–16) survive termination.

Practitioner relationship changes; orphaned clients. NFR is delivered through independent Practitioners. If your engagement with your Practitioner ends, or if your Practitioner becomes inactive, delinquent, suspended, terminated, unavailable, or no longer able to support you through the Platform, you may become an "orphaned client."

If that happens, NFR may, in its discretion: (i) reassign you to an in-house NFR Practitioner; (ii) refer you to another Practitioner in the NFR network; (iii) allow you to continue using self-guided portions of the Platform, if available under your package and account status; (iv) temporarily pause Practitioner-guided features while reassignment or referral is reviewed; or (v) terminate or limit access where required by law, safety, platform integrity, or account status.

NFR does not guarantee that your original Practitioner will remain available, that a replacement Practitioner will be available, or that a replacement Practitioner will offer the same package, pricing, schedule, professional background, or services as your original Practitioner. Any payment, refund, package, appointment, session, or professional-service issue between you and your original Practitioner remains between you and that Practitioner, unless NFR separately sold you a product or service directly. Your data rights under these Terms continue to be governed by these Terms, even if your Practitioner relationship changes.

10. Payment

If you pay for the program, you pay your Practitioner directly, on the Practitioner's terms. NFR is not a party to that transaction and is not responsible for refunds, billing, or any amounts charged by your Practitioner — unless you have purchased something directly from NFR, in which case the terms presented at that purchase apply.

Refunds and cancellations for purchases made directly from NFR are governed by our Refund Policy. Services billed directly by an independent Practitioner remain subject to that Practitioner's own refund policy.

11. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NFR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY OUTPUT (INCLUDING THE TRUTH CURVE) IS ACCURATE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NFR AND ITS OWNERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE. NFR'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID NFR DIRECTLY IN THE 12 MONTHS BEFORE THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100). NFR IS NOT LIABLE FOR THE ACTS, ADVICE, OR OMISSIONS OF ANY PRACTITIONER OR FOR THE THIRD-PARTY HEADSET.

13. Third-Party Headset (Muse)

The EEG headset used with NFR, including the Muse™ / Muse S Athena or any successor device, is a third-party product made, sold, warranted, serviced, and supported by InteraXon Inc. or its affiliates ("Muse" or "InteraXon"), not by NFR.

Unless NFR expressly states otherwise in writing, NFR does not sell, resell, lease, ship, warrant, repair, replace, refund, or provide support for the headset. You or your Practitioner are responsible for purchasing, obtaining, configuring, maintaining, replacing, and using any compatible headset needed for the Service.

NFR is not responsible for: (i) the headset's performance, accuracy, safety, defects, fit, battery, connectivity, availability, or compatibility; (ii) any warranty, return, refund, replacement, repair, shipping, import, tax, or customer-support issue related to the headset; (iii) any Muse or InteraXon software, application, firmware, cloud service, account, warranty, or privacy practice; or (iv) any data Muse or InteraXon collects, stores, uses, shares, sells, analyzes, or processes through its own products, apps, software, services, or accounts.

Muse / InteraXon's products and services are governed by Muse / InteraXon's own terms, warranty, and privacy policy, which you should review at https://choosemuse.com/legal or any successor legal page Muse provides. NFR's data practices apply only to data collected, stored, and processed by NFR through the NFR Platform. They do not control Muse / InteraXon's separate products, software, accounts, services, warranties, or data practices.

14. Indemnification

You agree to indemnify and hold NFR harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Service, your violation of these Terms, or your violation of any law or third-party right.

15. Changes to These Terms

We may update these Terms. If we make material changes, we will provide notice (e.g., by email or in-app). Changes that affect neural-data processing will not apply retroactively to data already collected without a new consent where required by law. Continued use after changes take effect means you accept them.

16. Dispute Resolution; Arbitration; Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-laws rules.

Binding arbitration. Except for claims that may be brought in small-claims court, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, seated in Washoe County, Nevada. You and NFR waive the right to a jury trial and the right to participate in a class action. You may opt out of this arbitration provision by emailing legal@neurofeedbackrecalibration.com within 30 days of first accepting these Terms.

17. General

These Terms are the entire agreement between you and NFR regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor.

18. Consent to Electronic Records and Contact

You consent to receive these Terms, notices, and disclosures electronically. Questions: support@neurofeedbackrecalibration.com / Intention Journey, LLC, 774 Mays Blvd #10-346, Incline Village, NV 89451.

ACKNOWLEDGMENT AND CONSENT

By signing or clicking "I Agree," I confirm that I am at least 18, I have read and understood these Terms, I understand this is a general wellness service and not medical care, and I give my express opt-in consent for NFR to collect and process my EEG/neural data, to generate my reports and make them available to the Practitioner I work with as described in Section 7, and to de-identify, anonymize, and aggregate my data for research, comparison, and publication as described in Section 7(j).

Signature: __________________________ Date: ____________

Printed Name: ______________________

*Template for review by qualified counsel before use. This document is not legal advice.*