Important – Please Read Carefully Before Purchasing

 

These Terms of Use (“Terms“) govern your access to and use of the Myndstream Professional Treatment Protocol digital educational materials including but not limited to the “Energy Revive Protocol” (“Protocol“) provided by Mynd Group Limited (“Company“, “we“, “us“). By purchasing, accessing, or using the Protocol, you (“User“, “you“) agree to be bound by these Terms.

 

The Protocol consists of video demonstrations and written instructional content for 30-minute and 60-minute treatment formats, designed exclusively for qualified spa and wellness professionals to enhance their professional treatment capabilities.

 

The Protocol is strictly educational. It does not constitute medical advice, diagnosis, or treatment. All treatment applications are subject to your professional discretion, clinical judgment, and regulatory compliance obligations.

 

The Company does not verify individual professional qualifications or insurance coverage. You are solely responsible for ensuring you meet all necessary professional standards and maintain appropriate insurance coverage for use of this Protocol.

 

1. Definitions

“Client” means any individual who receives treatment from you using techniques derived from the Protocol.

“Contraindications” means medical conditions, circumstances, or factors that make the application of massage therapy techniques inadvisable or potentially harmful.

“Level 3 Qualification” means a minimum internationally recognized professional qualification in massage therapy, beauty therapy, or equivalent spa/wellness disciplines, including NVQ Level 3, IHBC, VTCT, ITEC, CIBTAC, CIDESCO, or recognized equivalents in your jurisdiction.

“Professional Liability Insurance” means comprehensive insurance coverage that specifically covers massage therapy services, spa treatments, and professional training activities, including application of techniques learned through the Protocol.

 

2. Eligibility and Professional Requirements

  2.1. Minimum Qualifications: By purchasing or accessing the Protocol, you represent and warrant that you hold a minimum Level 3 Qualification from an internationally recognized awarding body (including NVQ, IHBC, VTCT, ITEC, CIBTAC, CIDESCO, or equivalent) and are duly licensed, certified, or authorized to perform massage therapy and spa treatments in your jurisdiction.

  2.2. Insurance Requirement: You must maintain current and valid Professional Liability Insurance that specifically covers massage therapy and spa treatments, including techniques learned through continuing professional development training such as this Protocol. You must verify with your insurer that this Protocol training is covered under your policy.

  2.3. Ongoing Compliance: You warrant that you will maintain your qualifications and insurance throughout your use of the Protocol, comply with all applicable laws, regulations, and professional standards in your jurisdiction, and immediately cease using the Protocol if any qualification expires, is suspended, or is revoked.

  2.4. No Verification by Company: You acknowledge that the Company does not verify User qualifications, licensing, certification, or insurance status. Any false or misleading representation regarding your professional status constitutes a material breach entitling the Company to immediately terminate your access without refund.

 

3. Permitted Use and Restrictions

  3.1. Professional Use Only: The Protocol is exclusively for use by qualified professionals in commercial spa, wellness, or therapeutic treatment environments. You may use the Protocol for your own professional education and for application in direct client treatments.

  3.2. Prohibited Uses: You must not: (a) use the Protocol for personal self-treatment or home use; (b) share, distribute, or transmit any Protocol content to third parties, including colleagues or employees; (c) use the Protocol for training other professionals or conducting workshops; (d) upload Protocol content to social media, file-sharing services, or publicly accessible platforms; (e) screen record, audio record, or digitally capture Protocol video content; (f) create derivative works, modified versions, or training materials incorporating the Protocol; (g) resell, sublicense, or commercially exploit the Protocol; or (h) claim authorship or ownership of Protocol content.

  3.3. Educational Content Only: The Protocol does not constitute medical advice, diagnosis, or treatment. We make no representations regarding therapeutic efficacy, medical benefits, or clinical outcomes. You must not represent Protocol treatments as medical therapy or healthcare services.

 

4. Professional Responsibility

  4.1. You bear sole responsibility for: (a) conducting comprehensive client screening including health histories and contraindication assessments; (b) adapting and customizing the Protocol for individual client needs, physical condition, and comfort level; (c) determining appropriate pressure levels, treatment duration, and technique modifications; (d) obtaining informed consent from clients; and (e) complying with all professional training, certification, and ethical standards governing your practice.

  4.2. Client safety and welfare must take precedence over Protocol adherence. You retain full authority and responsibility to discontinue, modify, or refuse any treatment if professional judgment indicates such action is necessary.

 

5. Assumption of Risk

  5.1. You acknowledge that the application of any treatment protocol involves inherent risks that cannot be eliminated. You expressly assume all risks associated with the use and application of the Protocol, including but not limited to: client injury, adverse reactions, or complications; client dissatisfaction; allergic reactions or sensitivities; exacerbation of pre-existing medical conditions; and regulatory investigation or professional disciplinary action.

  5.2. You acknowledge that successful treatment outcomes depend entirely upon your professional skill, clinical judgment, proper client assessment, and adherence to applicable professional standards in your jurisdiction. Any decision to apply Protocol techniques is made solely at your own professional discretion and risk.

 

6. Limitation of Liability

  6.1. To the maximum extent permitted by applicable law, the Company’s total liability arising out of or in connection with these Terms, the Protocol, or any treatment performed using the Protocol shall be limited to the amount actually paid by you for access to the Protocol.

  6.2. To the maximum extent permitted by applicable law, we exclude all liability for: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, business opportunities, or anticipated savings; (c) loss of data, goodwill, or reputation; (d) client injuries, adverse reactions, or dissatisfaction arising from treatment delivery; (e) regulatory complaints, professional misconduct allegations, or licensing issues; and (f) any damages arising from your failure to maintain appropriate insurance, misrepresentation of qualifications, failure to properly assess client suitability, or regulatory non-compliance.

  6.3. Where liability cannot be excluded by law, our liability shall be limited to the greatest extent permitted by applicable law. These limitations apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

 

7. Indemnification

  7.1. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, damages, costs, expenses (including reasonable attorneys’ fees), and liabilities arising from or relating to: (a) your application, performance, or delivery of any treatment using the Protocol; (b) any injury, harm, adverse reaction, or dissatisfaction experienced by any Client; (c) your misuse, misapplication, or modification of the Protocol; (d) any breach of your representations regarding professional qualifications, licensing, certification, or insurance coverage; (e) your failure to comply with applicable laws, regulations, or professional standards; (f) your failure to properly screen Clients for Contraindications; or (g) any claim that you lack the necessary qualifications, training, or insurance to perform treatments using the Protocol.

  7.2. This indemnification obligation survives termination of these Terms. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with such defense.

 

8. Intellectual Property

  8.1. All intellectual property rights in and to the Protocol, including video content, written materials, treatment sequences, methodologies, and branding, remain the exclusive property of the Company. You are granted a limited, non-exclusive, non-transferable, personal license to access, and use the Protocol solely for your own professional education and direct client treatments.

  8.2. Upon termination of these Terms for any reason, all rights to use the Protocol shall immediately cease, and you must delete all downloaded copies of the Protocol materials. Unauthorized use may result in immediate termination and legal action for intellectual property infringement. The Company reserves all rights not expressly granted.

 

9. Global Compliance and Regulatory Responsibility

  9.1. Local Law Compliance: Each User is solely responsible for ensuring their use of the Protocol complies with all applicable laws, regulations, licensing requirements, and professional standards in their jurisdiction of practice.

  9.2. Professional Licensing Requirements: Users must maintain all necessary professional licenses, certifications, and registrations required by their local regulatory authorities to perform massage therapy and spa treatments using the Protocol.

  9.3. Scope of Practice Adherence: Users must operate strictly within their authorized scope of practice as defined by their professional qualifications and local regulatory framework, and must not use the Protocol to perform treatments outside their permitted scope.

  9.4. Health and Safety Regulations: Users must comply with all applicable health and safety regulations, hygiene standards, facility requirements, and client protection measures mandated by their local authorities.

  9.5. Professional Standards and Ethics: Users must adhere to the professional standards, codes of conduct, and ethical guidelines established by their relevant professional bodies and regulatory organizations.

  9.6. Insurance and Financial Requirements: Users must maintain all insurance coverage, bonding, and financial responsibility requirements mandated by their jurisdiction for the provision of professional massage and spa services.

  9.7. Regulatory Changes: Users acknowledge their ongoing obligation to monitor and comply with any changes to applicable laws, regulations, or professional standards that may affect their use of the Protocol.

  9.8. Company Non-Responsibility: The Company makes no representations regarding the legal or regulatory requirements in any jurisdiction and expressly disclaims any responsibility for User compliance with local laws or professional standards.

  9.9. Indemnification for Non-Compliance: Users agree to indemnify and hold harmless the Company from any claims, penalties, or damages arising from User’s failure to comply with applicable laws, regulations, or professional standards.

 

10. Purchase Flow Acceptance Requirements

  10.1. Prior to completing any purchase or gaining access to the Protocol, each User must complete a mandatory clickwrap acceptance process confirming their professional qualifications and agreement to these terms. 

  10.2. The Company reserves the right to modify the clickwrap acceptance requirements at any time, with such modifications taking effect for new purchases immediately upon implementation. False representation during the clickwrap acceptance process constitutes a material breach of this Agreement and grounds for immediate termination of access without refund.

 

11. Governing Law and Jurisdiction

  11.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

  11.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  11.3. Users hereby irrevocably consent to the jurisdiction of such courts and waive any objection to the laying of venue in such courts on the grounds of forum non conveniens or otherwise.

  11.4. Notwithstanding the governing law provisions above, Users remain solely responsible for ensuring compliance with all applicable local laws, regulations, professional standards, and licensing requirements in their jurisdiction of practice.

  11.5. The Company makes no representation that the Protocol complies with the laws or professional standards of any specific jurisdiction, and Users assume full responsibility for such compliance. In the event that any provision of this Agreement is deemed unenforceable under local law in the User’s jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, while preserving the intent and remaining provisions of this Agreement.

  11.6. Users acknowledge that they may have additional rights under local consumer protection or professional regulation laws that cannot be waived by this Agreement, and such rights shall remain unaffected.

 

12. Digital Product Terms

  12.1. Digital Download and Access: The Protocol is provided as digital content available for immediate access upon completed purchase and acceptance of these Terms & Conditions. Users will receive access credentials to the Myndstream App via email to the address provided during purchase within 24 hours of payment confirmation. App access will expire after one [1] month after which the training materials will be emailed to Users.

  12.2. File Format and Compatibility: Protocol materials are provided in standard digital formats including MP4 for video content and PDF for written materials. Users are responsible for ensuring their devices and software are compatible with the provided file formats. The Company does not provide technical support for device compatibility issues or file format conversions.

  12.3. Storage and Backup: Users are solely responsible for downloading, storing, and backing up Protocol materials on their own devices or storage systems. The Company is not responsible for any loss of access to Protocol materials due to User device failure, data corruption, or storage system failures. Users may create personal backup copies of Protocol materials for their own professional use only.

  12.4. Digital Rights Management: Protocol materials may include digital watermarking or other identification measures to protect Intellectual Property Rights. Users must not attempt to remove, alter, or circumvent any digital rights management measures or identification markers. Unauthorized modification of digital content constitutes a material breach of this Agreement.

  12.5. Access Limitations: Access to Protocol materials is granted to the individual purchaser only and is non-transferable. Users may not share access credentials or login information with any third parties. The Company reserves the right to terminate access immediately upon detection of unauthorized sharing or distribution.

  12.6. No Physical Media: The Protocol is provided exclusively as digital content with no physical media, shipping, or delivery services. Users acknowledge that no refunds will be provided based on preferences for physical media formats.

  12.7. Platform Availability: The Company makes reasonable efforts to maintain download platform availability but does not guarantee uninterrupted access. Scheduled maintenance, technical issues, or platform updates may temporarily affect access to services. Users will be notified of planned maintenance via email when reasonably practicable.

 

13. Termination and Breach

  13.1. The Company may immediately terminate this Agreement and revoke the User’s access to the Protocol without notice if the User: breaches any provision of this Agreement, including but not limited to the professional use restrictions, qualification requirements, or prohibited uses;misrepresents their professional qualifications, licensing status, or insurance coverage; redistributes, resells, or publicly shares the Protocol content in violation of the intellectual property restrictions; uses the Protocol for self-treatment or allows non-qualified individuals to access or use the Protocol; fails to maintain valid professional liability insurance that covers the use of this Protocol training; receives regulatory complaints or sanctions related to the application of the Protocol that could adversely affect the Company’s reputation or legal standing.

  13.2. Upon termination for breach, the User must immediately:

Cease all use of the Protocol;

Delete or destroy all copies of the Digital Content in their possession or control

Confirm in writing to the Company that all copies have been deleted or destroyed.

  13.3. Termination does not relieve the User of obligations that by their nature should survive termination, including but not limited to indemnification obligations, intellectual property restrictions, and liability limitations.

  13.4. No refund of fees paid will be provided in cases of termination for breach of this Agreement.

  13.5.The User may terminate this Agreement at any time by ceasing use of the Protocol and deleting all Digital Content, but such termination does not entitle the User to any refund of fees paid.

  13.6. The Company reserves the right to discontinue the Protocol at any time with thirty (30) days’ written notice to Users, in which case Users who have paid for access will be entitled to continue using their downloaded Digital Content in accordance with this Agreement.

 

 14. Amendment and Modification

  14.1. The Company reserves the right to modify, update, or amend these Terms and Conditions at any time in its sole discretion.

  14.2. Users will be notified of material changes to these Terms and Conditions through one or more of the following methods:

• Email notification to the registered email address associated with the User’s account;
• Prominent notice displayed on the Company’s website or platform where the Protocol is accessed;
• In-app notification or pop-up notice upon next login or access attempt.

  14.3. Material changes to these Terms and Conditions will become effective thirty (30) days after notification is provided to Users, unless a longer period is required by applicable law.

  14.4. Non-material changes, including administrative updates, corrections, and clarifications, will become effective immediately upon posting.

  14.5. Continued use of the Protocol after the effective date of any amendments constitutes the User’s acceptance of the modified Terms and Conditions.

  14.6. If a User does not agree to the amended Terms and Conditions, the User must discontinue use of the Protocol and may contact the Company regarding termination of access within the notice period.

  14.7. The Company will maintain the current version of these Terms and Conditions on its website with the effective date clearly indicated.

 

15. Severability

  15.1. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from this Agreement.

  15.2. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.

  15.3. In the event that any provision is severed pursuant to clause 8.1, the parties agree that the remaining provisions shall be interpreted and applied to give effect to the original intent and purpose of this Agreement to the maximum extent possible.

  15.4. If the severance of any invalid, illegal, or unenforceable provision would materially alter the fundamental nature or commercial balance of this Agreement, the Company may terminate this Agreement upon thirty (30) days’ written notice to the User. The User shall not have the right to terminate this Agreement under this clause, and instead must comply with the remaining provisions unless the Company exercises its right to terminate.

  15.5. The Company may, at its sole discretion, propose replacement provisions that are valid and enforceable while preserving the commercial intent of any severed provision, and such replacement provisions shall become effective upon the User’s acceptance.

 

16. Entire Agreement

  16.1. These Terms and Conditions, together with any purchase confirmation and acceptance disclaimer completed during the purchase flow, constitute the entire agreement between the Company and the User relating to the Protocol and supersede all prior negotiations, representations, or agreements, whether written or oral.

  16.2. No other terms, conditions, warranties, or representations shall apply to the use of the Protocol unless expressly agreed to in writing by an authorized representative of the Company.

  16.3. The User acknowledges that they have not relied on any statement, promise, representation, assurance, or warranty made by or on behalf of the Company that is not set out in this Agreement.

  16.4. Any amendment, modification, or variation to this Agreement must be in writing and signed by both parties, except for updates to these Terms and Conditions as provided in Section 17.

  16.5. If there is any conflict between these Terms and Conditions and any other document referenced herein, these Terms and Conditions shall prevail unless expressly stated otherwise.

   16.6. For the avoidance of doubt, the parties acknowledge that the user’s use of the Myndstream app shall be governed by its Terms and Conditions, which are available at [https://myndstream.com/terms-service/], and nothing in these Terms and Conditions shall override or amend those terms in relation to such use.

 

By clicking “I Accept and Agree” or similar acceptance mechanism during the purchase process, or by accessing or using the Protocol, the User electronically acknowledges that they have read, understood, and agree to be legally bound by these Terms & Conditions in their entirety.

 

The User further confirms and warrants that:

(a) They are a Qualified Professional holding a minimum Level 3 Qualification as defined herein;

(b) They maintain valid Professional Liability Insurance that covers the use of this Protocol;

(c) They have the legal capacity and authority to enter into this Agreement;

(d) Their electronic acceptance constitutes a legally binding signature equivalent to a handwritten signature.