Terms of Service: Incendify™

These Terms of Service (the "Terms") are an agreement between you and AdrianCo LLC, doing business as IncendifyTM ("Incendify," "we," "us," or "our"). They apply when you use incendify.io, our member app at app.incendify.io, or the Incendify mobile apps for iOS and Android (together, the "Services"), and when you purchase a course or a membership.

By visiting our websites, creating an account, making a purchase, or otherwise using the Services, you agree to these Terms. If you do not agree, please do not use the Services. Our Privacy Policy, available at incendify.io/privacy, explains how we handle your information and forms part of these Terms. Section 17 of these Terms contains an agreement to resolve disputes through individual arbitration and a class action waiver. You may opt out of arbitration within 30 days of first accepting these Terms.

If you have any question about these Terms, please write to us at ignite@incendify.io.

1. Who may use Incendify

Incendify is an online neuroplasticity course platform for professional development, designed for professionals and leaders across the United States. By creating an account or making a purchase, you confirm that you are 18 or older. If you use the Services or make a purchase on behalf of an organization, you confirm that you have the authority to accept these Terms on its behalf.

2. Your account

Accurate information. Please provide accurate and complete information when you create your account, and keep it current. We send receipts, renewal reminders, and account notices to the email address on your account.
Personal use. Your account is for your use only. Do not share your sign-in details or allow anyone else to use your account. Keep your password confidential, and write to us promptly if you believe someone has accessed your account without your permission. You are responsible for activity under your account that occurs before you notify us.
Deleting your account. You may delete your account at any time from your account settings in the member app or the mobile app. An active membership must be canceled first. Deleting your account permanently ends your access to every course and practice on it, including courses you have purchased, and cannot be undone. We keep certain purchase records afterward, as our Privacy Policy explains.

3. Memberships

Incendify offers two membership levels: Founding Membership and Membership. While your membership is active, you receive the following benefits:

Practices library. You have access to the Practices library, a searchable collection of the practices from every course you have purchased.
Member-exclusive practices. You have access to practices available only to members.
Course discount. You receive a discount on every course you purchase while your membership is active: 35% for Founding Members and 15% for Members.

The member discount applies to the course price shown at checkout and cannot be combined with other offers unless we say otherwise. Courses you purchase at a member price remain yours after your membership ends, as described in Section 4. Access to the Practices library and to member-exclusive practices ends when your membership ends.

Automatic renewal

Memberships are billed annually in advance and renew automatically for another year at the end of each term, until you cancel. Each renewal is charged to the payment method on your account at the price for your membership level at the time of renewal. Before you purchase, we show you the price and these renewal terms, and we ask for your consent to them. We will email you a reminder at least 15 days, and no more than 45 days, before each renewal, with the renewal date, the amount, and how to cancel.

Canceling

You may cancel at any time from your account settings in the member app or the mobile app, or by writing to us at ignite@incendify.io. Canceling stops your next renewal, and your membership continues until the end of the term you have paid for. Except as Section 6 describes, we do not refund any part of a membership year.

Price changes

We may change membership prices for future terms. We will email you before a new price applies to your membership, and you may cancel before it takes effect. Price changes do not apply to an active Founding Membership, as described below.

Founding Membership

Founding Membership is limited to our first 100 members. As a Founding Member, your annual membership price and your 35% course discount stay in place for as long as your membership renews without interruption.

If your Founding Membership ends for any reason, including cancellation, nonrenewal, or a refund, your Founding Member status and its pricing end permanently and cannot be restored. If a renewal payment fails, we will notify you and give you a reasonable opportunity to update your payment method before your Founding Membership ends. Founding Membership is personal to you and cannot be transferred.

4. Courses and pre-orders

Courses. When you purchase a course, you receive a personal license to access that course, including its videos, audio, files, workbook (if included in your course), and course calendar, for as long as your account remains open and we continue to offer the Services. Your access begins as soon as your payment is successful.
Pre-orders. Some courses may be offered for purchase before they are released. You are charged when you place a pre-order, and your access begins when the course is released. Any release date or window we show is our best estimate and may change. If a release is significantly delayed, we will let you know by email.
Retired courses. If we ever retire a course you have purchased, we will give you reasonable advance notice by email and offer a fair remedy, such as access to a comparable course or a prorated refund.
Certificates. When you complete a course, we may issue a certificate of completion. A certificate confirms that you completed the course content. It is not an accreditation, license, professional qualification, or continuing education credit of any kind, including CME or CE credit.

5. Prices, payment, and taxes

Prices are shown in US dollars at checkout and do not include any sales or similar taxes, which we add where the law requires. Payments are processed by our payment processor, Stripe. Your card details go directly to Stripe and are never received or stored on our systems.

By making a purchase, you authorize us, through our payment processor, to charge your payment method for that purchase and, for a membership, for each renewal until you cancel. If a payment fails, we may suspend access to the related course or membership until it is resolved.

6. Refunds

To request a refund, write to us at ignite@incendify.io from the email address on your account. Approved refunds are returned to your original payment method.

Courses. You may request a full refund within 14 days after your access to a course begins, as long as you have completed less than 25% of the course's modules. A refund ends your access to that course.
Pre-orders. You may request a full refund at any time before a pre-ordered course is released. After release, the course refund terms above apply, with the 14 days counted from the day your access begins.
Memberships. You may request a full refund within 14 days after your first membership payment, as long as you have watched less than 90 minutes of practices in total from the Practices library and member-exclusive practices. If you purchased a course at your member price during that time, a membership refund is available only if you also qualify for, and request, a refund of that course. Renewal payments are not refundable, but you may cancel at any time to stop future renewals. A refunded membership ends immediately, together with its course discount and, for Founding Members, Founding Member status.

Purchases made by an organization are governed by its agreement with us. Nothing in this section limits any right you have under applicable law. If something you purchased from us does not work as described and we cannot fix it, write to us and we will make it right, whatever the date.

7. Team and organization access

Organizations may purchase access for their teams by private quote. Each organization purchase is governed by a separate written agreement between the organization and Incendify, which controls matters between us and the organization, such as pricing, seats, payment, and refunds.

If your organization provides your access, these Terms still apply to your personal use of the Services, and your access may end when the organization's agreement ends or when your organization removes you. Courses and memberships purchased by individuals are for individual use only and may not be shared with colleagues or within an organization.

8. Your health and safety

Educational purpose

Incendify offers educational courses for professional development. Our courses are not medical, psychological, or mental health care, and they are not intended to diagnose, treat, cure, or prevent any condition. Liz Adriano is not a licensed medical or mental health provider. No course or practice replaces the advice of your physician or another qualified health professional.

Physical practices

Our courses include physical and breathing practices, including Core Power Pilates, Somatic Movement, Restorative Yoga, and Deep Breathing Exercises. Like any physical activity, these practices carry some risk of injury or discomfort. Please consult your physician before you begin, particularly if you are pregnant, are recovering from an injury or surgery, or have a heart, respiratory, or other medical condition. Practice within your own limits, in a safe space with suitable equipment, and stop immediately if you feel pain, dizziness, lightheadedness, or shortness of breath.

Your choice to participate

You decide whether and how to take part in each practice. To the fullest extent the law allows, you assume the risks of participating and release Incendify, AdrianCo LLC, and their owners, instructors, and team members from claims arising from your participation, except claims arising from our gross negligence or willful misconduct.

Emergencies

Incendify is not an emergency service. If you have a medical emergency, call 911. For a mental health crisis, call or text 988.

9. Our content and your license

All content on the Services, including courses, practices, videos, audio, Original Meditation Music, workbooks, course calendars, text, and graphics, together with the Incendify name and logo, is owned by AdrianCo LLC or its licensors and protected by intellectual property laws. IncendifyTM is a trademark of AdrianCo LLC.

Subject to these Terms, we grant you a personal, non-commercial, non-transferable license to access the content you purchase, or that your membership includes, for your own learning. This license does not permit you to do any of the following:

copy, record, screen-capture, download, or redistribute any content, other than downloads we provide for your personal use, such as files or workbooks (if included in your purchased course);
share your account, or share any content with anyone else, including colleagues within your organization;
sell, sublicense, publish, broadcast, or teach from our content, or use it to create a competing product or service;
use our content to train, fine-tune, or prompt any artificial intelligence or other automated system;
access the Services with bots, scrapers, or other automated means;
interfere with the security or operation of the Services, attempt to gain unauthorized access, or reverse engineer our apps, except as the law expressly permits; or
use the Services in violation of any law.

These protections apply to everyone who visits our websites or uses our apps, whether or not you have an account. Unless we give you written permission, you may not copy, reproduce, adapt, or republish any part of our websites or apps, including our written copy, course and service descriptions, program structure, design, images, audio, or video, whether on your own website, in marketing materials, on social media, or anywhere else. We take unauthorized use of our content seriously and may pursue every remedy the law allows, including takedown requests, injunctive relief, and damages.

10. Your feedback

If you send us feedback, suggestions, or ideas about the Services or a course, you allow us to use them to improve Incendify without any obligation to you. We will not publish your name with your feedback without your permission.

11. Mobile apps

The following terms apply to the Incendify mobile apps:

These Terms are an agreement between you and Incendify only. Apple Inc. and Google LLC are not parties to them. Incendify, and not Apple or Google, is solely responsible for the apps and their content.
You may use the apps on devices you own or control, as permitted by the usage rules of the app store you downloaded them from.
Apple and Google have no obligation to provide any maintenance or support for the apps.
If an app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the app's purchase price, if any. To the fullest extent the law allows, Apple has no other warranty obligation with respect to the apps.
Incendify, and not Apple, is responsible for addressing any claims relating to the apps, including product liability claims, claims that an app fails to meet a legal or regulatory requirement, claims under consumer protection or privacy laws, and claims that an app infringes a third party's intellectual property rights.
You confirm that you are not located in a country subject to a US government embargo, and that you are not listed on any US government list of prohibited or restricted parties.
You must comply with any third-party terms that apply when you use the apps, such as those of your wireless data provider.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you with respect to your use of the iOS app.

12. Suspension and termination

We may suspend or close an account that violates these Terms, particularly one used to share, copy, or redistribute our content or to misuse or attack the Services. We may also do so where the law requires it or where necessary to protect the Services or other members. Where reasonable, we will write to you first and give you an opportunity to resolve the issue. We may also close an account if we learn that the account holder is under 18.

If we close your account because you violated these Terms, we are not required to provide a refund, to the extent the law allows. If we close your account for any other reason, we will refund the unused portion of any membership fee you have paid. Sections of these Terms that by their nature should continue after your account closes, including Sections 8 through 10 and 14 through 20, will continue.

13. Changes to the Services

We continually refine Incendify, and we may update, add, or discontinue features. If a change materially reduces something you have paid for, we will tell you in advance and offer a fair remedy.

14. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Services will be uninterrupted or error-free, or that any course or practice will produce a particular result for you. Some states do not allow certain warranty disclaimers, so some of these may not apply to you.

15. Limitation of liability

To the fullest extent the law allows, Incendify, AdrianCo LLC, and their owners, instructors, and team members will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from or relating to these Terms or the Services. Our total liability for all claims arising from or relating to these Terms or the Services is limited to the greater of the amount you paid us in the 12 months before the claim arose or $100.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence or willful misconduct. Some states do not allow certain limitations of liability, so some of these may not apply to you.

16. Indemnification

To the extent the law allows, you agree to defend, indemnify, and hold harmless Incendify, AdrianCo LLC, and their owners, instructors, and team members from any third-party claims, losses, and reasonable legal fees arising from your violation of these Terms or your misuse of the Services.

17. Dispute resolution and arbitration

Contact us first

Most concerns can be resolved quickly and directly. Before bringing any claim, please write to us at ignite@incendify.io with your name, the email address on your account, a description of the issue, and the resolution you are seeking. We will each work in good faith to resolve the dispute informally for 60 days, and any applicable time limit for bringing a claim is paused during that period.

Agreement to arbitrate

If we cannot resolve a dispute informally, you and Incendify agree that any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as described below. The Federal Arbitration Act governs this section. The arbitrator may award the same individual relief a court could award. Hearings may take place by video or telephone, or in the county where you live. Filing, administrative, and arbitrator fees are allocated as the AAA Consumer Arbitration Rules provide.

Exceptions

Either of us may bring an individual claim in small claims court if it qualifies. Either of us may also ask a court for injunctive relief to stop the infringement or misuse of intellectual property, including the unauthorized copying or sharing of our content.

Class action waiver

You and Incendify may each bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court under Section 18, and not in arbitration.

Opting out

You may opt out of this agreement to arbitrate by writing to us at ignite@incendify.io within 30 days after you first accept these Terms. Please include your name, the email address on your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

Future changes

If we change this Section 17, the change will not apply to any dispute you notified us of before the change took effect.

18. Governing law and venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of law rules, and by applicable federal law, including the Federal Arbitration Act. Any claim that is not subject to arbitration will be heard exclusively in the state or federal courts located in Maricopa County, Arizona, and you and Incendify consent to the jurisdiction of those courts.

19. Changes to these Terms

We may update these Terms periodically. When we do, we will revise the effective date at the top of this page. If a change is material, we will email members before it takes effect. By continuing to use the Services after the effective date, you accept the updated Terms. If you do not accept them, you may cancel your membership and close your account.

20. General terms

Entire agreement. These Terms, our Privacy Policy, and any terms shown at checkout make up the entire agreement between you and Incendify regarding the Services.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions stay in full effect.
No waiver. Our decision not to enforce a provision at any time is not a waiver of our right to enforce it later.
Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours as part of a merger, acquisition, or sale of assets, and these Terms will continue to protect you.
Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
Electronic communications. You agree to receive agreements, notices, and other communications from us electronically, and these satisfy any requirement that they be in writing.
Headings. Section headings are for convenience only and do not affect the meaning of these Terms.

21. Contact us

AdrianCo LLC, doing business as IncendifyTM
16220 N Scottsdale Rd, Ste 300R
Scottsdale, AZ 85254
ignite@incendify.io

Terms of service