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Terms of Use

Introduction and course description

Welcome to the Desensitize App from our company, MBody Community. The Desenstizie App is a program aimed at providing knowledge and strategies to help you understand chronic neuroplastic pain & symptoms, the nervous system and mental health. Before proceeding with the Desensitize App please carefully read, understand and acknowledge your acceptance of the following terms and conditions.

Acceptance of terms and conditions of use

These Terms and Conditions of Use for https://www.desensitize.app (the “Website”) and the App constitutes a legal agreement between you and Desensitize and governs your access to and the use of any content and services provided through the Website.

BY ENROLLING IN THE APP YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS OF USE AS WELL AS THE PRIVACY POLICY FOR THE WEBSITE AND APP.

YOUR PARTICIPATION IN THE APP IS VOLUNTARY AND YOU HAVE THE RIGHT TO WITHDRAW AT ANY TIME WITHOUT REFUND.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT ENROL IN THE APP OR USE THIS WEBSITE.

By using this Website and the App, you represent and warrant that you are of the legal age of majority in the place where you live. If you do not meet this requirement, you must not use this Website or the App.

No prohibited use of intellectual property

All Website content and App materials including but not limited to videos, text, audio and images (collectively the “Content”) are owned by Desensitize and are protected by copyright laws.

You are granted a non-exclusive, non-transferable, revocable license to use the Website and access the App Content. You may use the Website and the App solely for your own individual purposes. You shall not be permitted to resell or make any other use of the Content without Desensitize’s prior written permission. You acknowledge and agree that your use of the Website and access to the Content does not provide you with any ownership rights.

Reliance, accuracy and personal responsibility

The Content is provided for general information and wellness coaching purposes only and is not intended nor shall it ever be interpreted as medical advice, therapy advice, or treatment on which you should rely.

Although we make reasonable efforts to update the Content we make no representations, warranties or guarantees whether expressed or implied, that the Content is accurate, complete or up to date. Your participation in the App and your use of the Website is solely at your own risk and neither Desensitize nor its shareholders, subsidiaries, affiliates or their respective directors, officers, employees, agents or successors have any responsibility or liability for your participation in the App and use of the Website.

You understand that you are solely responsible for any actions you take regarding your health based on the information provided in the App. It is your responsibility to consult with a qualified healthcare provider before making any significant changes to your health or mental health management and physical movement.

Privacy

By submitting your personal information in connection with your enrollment in the App and use of the Website, you consent to the collection, use, reproduction and transmission of any such submissions in compliance with the Privacy Policy.
MBody Community cannot guarantee the confidentiality of any personal information shared within the Desensitize App, including recorded online group coaching sessions, voluntarily submitted information in the community chat, or a testimonial. Group coaching session recordings are posted within the app for other members to view.

No guarantee of results

Although the Content is intended to help users succeed, there is no guarantee that you will achieve any improvement, success or results as intended and there is a possibility your situation will worsen. You further recognize that previous results do not guarantee similar future outcomes.

Limits of services

While the instructors at MBody Community are therapists registered in certain provinces in Canada who specialize in chronic pain and symptom treatment, they are not acting in this capacity while providing the general education, meditations, and strategies supplied through the Desensitize App and group coaching services. The

Desensitize App is not designed as a substitute for formal counselling, therapy, or pain and symptom medical treatment and by enrolling in the Desensitize App, you are in no way entering into a therapeutic relationship with the Desensitize App instructors.

Risks

Potential risks of participating in the Desensitize App include but are not limited to experiencing new pain/symptoms or heightened pre-existing pains/symptoms and other uncomfortable physical symptoms, increased nervous system deregulation, decreased receptivity to other treatments outside of the Desensitize App and intensified unpleasant emotions. You acknowledge that your circumstances may not improve at all or they may worsen. We recommend being mindful of your limits and consulting with your physician before engaging in the graded exposure exercises and somatic movements instructed within the App.

Limitation of liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL MBODY COMMUNITY NOR ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUCCESSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING AND/OR EMOTIONAL DISTRESS IN RELATION TO YOUR USE OF THE WEBSITE AND CONTENT OR PARTICIPATION IN THE APP, AND WHETHER CAUSED BY NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR ANY BREACH UNDER ANY LEGAL THEORY, INCLUDING, EVEN IF YOU HAVE BEEN ALLEGEDLY ADVISED OR HAD REASON TO KNOW ABOUT THE POSSIBILITY OF HARM OR DAMAGES.

Indemnification

You shall defend, indemnify and hold harmless MBODY COMMUNITY, its shareholders, subsidiaries, affiliates or their respective directors, officers, employees, agents and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable solicitor fees) arising out of or relating to your breach of these Terms and Conditions of Use, your use of the Website and Content or your participation in the Desensitize App.

Refunds

MBody Community does not provide refunds under any circumstances. You can however cancel your subscription at any time.

Changes to terms and conditions of use

MBody Community reserves the right, in its sole discretion, to change the Terms and Conditions of Use without prior notice to you. The most current version of these Terms and Conditions of Use on the Website and the App shall supersede all previous versions. It is your responsibility to periodically review the Terms and Conditions of Use to stay informed of any updates.