VICA Studio (Virtual Calisthenics) Users Agreement

CONTENTS
INTRODUCTION & AGREEMENT
MIND/BODY MEDICAL USAGE
PRACTICAL USAGE
EXPERIENTIAL USAGE
MINORS
PROGRAM MODIFICATIONS
PRIVACY POLICY
USER CONTENT & POSTING
COPYRIGHT AND TRADEMARKS
REFERRALS & RESELLERS
DEVICE REQUIREMENTS
PAYMENT & PRICING
RETURNS & REFUNDS
CORPORATE & COMMUNITY
QUALIFICATIONS OF VICA MASTER GUIDE
JURISDICTIONAL ISSUES
THIRD PARTY SERVICES & LINKS
YOUR FEEDBACK & SUGGESTIONS
CONTACT US
VICA AGREEMENT OF PROGRAM SERVICE
SERVICE DISCLAIMER
GOVERNING LAW
LIMIT OF DAMAGE
HOLD HARMLESS
AMENDING THE AGREEMENT
ENDING THE AGREEMENT
REFERENCES

INTRODUCTION & AGREEMENT

         Please read these Terms and Conditions (also referred to in this document as The Agreement, User Agreement, Terms, or other such references) between Virtual Calisthenics also known as VICA or VICA Studio (referred to as VICA, Our, Us, or We) and the user (referred to as You) carefully before downloading and using VICA products, sessions, information and publications (also referred to collectively as the program) from VICA (via www.vicastudio.com and/or vica.studio) or third-party suppliers. By downloading or using the program you are agreeing to be bound by the terms and conditions fully outlined in this Agreement. This Agreement is a legal Agreement between you and VICA and it governs your use of the program made available to you by VICA. If you receive any part of the program not directly purchased by you (for example, as a gift), it is similarly understood that you have read and agreed to these Terms and Conditions which are available in full on www.vicastudio.com/terms, and have done so before download or use of the program. In any case, if you do not agree to the terms of the Agreement, do not download or use the program. Everyone who uses the program must first agree to the terms of The Agreement. The program is licensed not sold to you by VICA for usage strictly in compliance with these terms outlined in the Agreement. VICA grants you a revocable, non-exclusive, non-transferable, limited license to download, save and copy the program solely for your personal, non-commercial purposes strictly in compliance with the terms of the Agreement. Carefully review the Terms and Conditions and consult with your physician or health care professional for any issues you have prior to usage, and tell them about the particular sessions you are going to use.
         Virtual Calisthenics, or VICA for short, primarily offers guided mindfulness meditation and hypnosis audio recordings, for listening to on mobile devices, at the discretion of the User. VICA sessions are used for simple relaxation, behaviour modification, self improvement, habit correction, positive thinking, self-hypnosis, change lifestyle, and learning techniques (as per FDA policy Sec. 335.300 Hypnotherapy Devices) (FDA, 1995). VICA's audio sessions are special because we utilize a synthesis of the most effective elements of mindfulness meditation, modern hypnosis, imagery virtualization, mental optimization, music and VICASync binaural beats. Mindfulness meditation and hypnosis work by developing the pathway between the conscious and subconscious mind. Accessing the subconscious mind allows the listener to relax deeply and be open to positive suggestions so you can in order to modify behaviours, make self improvements, facilitate learning, and think about yourself positively. VICA sessions use techniques for self-hypnosis, meaning you are in control for the whole process. VICA Sessions are mind-body medicine as they utilize mindfulness meditation and hypnosis (as per FDA non-therapeutic industry guidance) (FDA, 2006). Mind body complementary medicine practices include yoga, meditation, massage therapy, acupuncture, relaxation techniques, deep breathing, guided imagery, progressive muscle relaxation, tai chi, qi gong, hypnosis, and movement therapies (NCCIH, 2008). VICA sessions may be used alone or as complementary to medical treatment, but are not used as alternative to any medical or psychiatric treatments. VICA is used for entertainment purposes only. Results will vary. Integrative health refers to incorporating complementary medicine into mainstream health care (NCCIH, 2008). 
         The terms and conditions will be updated at any time, without any warning to users. The terms and conditions are provided at time of purchase or online at www.vicastudio.com/terms. You may not transfer your license of usage to another person. If another person wants to use your VICA sessions they must first accept the terms and conditions. If you are giving VICA sessions to somebody else, they must also accept the terms and conditions before using. Your license is for your own personal usage. All risks associated with using VICA sessions are conducted at the risk of the user.

MIND/BODY MEDICAL USAGE

         VICA sessions are non-therapeutic and do not diagnose, classify, evaluate, cure, mitigate, prevent, or treat medical, dental, psychological, mental, emotional, behavioural or nervous diseases or other conditions. VICA sessions are not a treatment for psychological, emotional or spiritual health. VICA sessions do not affect the structure or function of the body. VICA sessions are not psychotherapy, hypnotherapy, clinical hypnosis, and counselling (users are not under personal treatment/care by VICA). VICA sessions are not provided by a medical professional. VICA sessions do not treat alcoholism or substance abuse, addiction, withdrawal, or dependence. VICA sessions do not treat disorders of habit or conduct. VICA sessions do not treat the psychological aspects of physical disease or conditions. Despite available research on the benefits of mindfulness/hypnosis on health no health claims are made with the usage of non-therapeutic VICA sessions. For example VICA sessions do not treat medical or psychiatric diseases such as hypertension, anxiety disorder/clinical depression, anxiety/panic attacks, emotional health, pain control, developmental disabilities, insomnia or abnormal body conditions, or any other conditions. If you have any disease or abnormal condition consult with your physician or psychiatrist prior to usage, and let them know of the VICA sessions you want to use.
         You should not use VICA sessions if you have any medical, emotional, psychological or spiritual disease or condition without prior approval from your physician for each session you want to use. You should inform your doctor, physician, or appropriate health care professional about your VICA usage and particular sessions used prior to usage. You can only use VICA sessions if you are healthy, and have no disease or abnormal condition that may be affected by your usage without prior consent from your physician. VICA sessions are not a treatment, mitigation, alternative medicine, remedy, therapy, or preventative therapy for any disease or abnormal condition. No medical or therapeutic claims are made for VICA usage. It is thought generally that mindfulness (mind/body) practices contribute to or may enhance an overall general wellness in people. VICA sessions are not a treatment for anxiety disorder, clinical depression, insomnia, hypertension, emotional wellness, spiritual health, addiction, withdrawal or moderation. If you have PTSD, trauma, emotional distress, buried emotions, overwhelming feelings, epilepsy, schizophrenia, amnesia, psychosis, prone to anxiety attacks and anxiety, heart condition, breathing condition, or neurological condition do not use VICA sessions without prior approval from your physician, for the particular sessions you are going to use. If you experience anxiety during a session, immediately discontinue usage of VICA sessions.
         If you are physically, emotionally or psychologically unwell, sick or affected, obtain prior approval for VICA usage, for the specific sessions you are going to use, from your physician or health care professional overseeing your health.  
         If you have or think you might have a pre-psychiatric condition you should consult with a psychiatrist prior to usage. Do not aggravate any physical, emotional or psychological injuries or traumas during using VICA. If you have physical, emotional or psychological pain or trauma, do not re-traumatize yourself by aggravating or trying to change, alter or moderate these during using VICA. Be aware that unprocessed emotional pain or experiences of trauma may come to the surface during using VICA programs. You should pay attention without aggravating or ruminating, and allow yourself to feel your feelings, and also allow these feelings to fade away and change, as you are able. Meditation might aggravate certain psychiatric patient symptoms who should not use VICA sessions without prior approval from their overseeing health care professional team (NCCIH, 2014). You can use VICA as a mindfulness break within your lifestyle, but not as a way dissociate away from yourself. Do not use excessively or continually (more than 5 sessions per day). Always take breaks after and in between usage.
         If you are a victim of abuse, speak with your physician or counsellor prior to usage, and let them know what sessions you are going to use. If you experience anxiety or are triggered by dissociation (into addiction, trauma, abuse or any negative state or behaviours) you should not use VICA sessions. If you are prone to anxiety from out of body experience or dissociation consult with your doctor, physician, psychologist, counsellor or psychiatrist prior to usage.
If you have a sleep disorder, sleep apnea, difficulties breathing while asleep, or use a sleep apparatus, speak to your physician or sleep health care professional, prior to usage, and let them know the sessions you are going to use. You may fall asleep so use your sleep hygiene methods as appropriate and recommended for you. 
Never stop or alter your medication or therapy course without the guidance of your physician or health care team. If you are making any changes in your health and lifestyle consult with your physician as appropriate. If you are experiencing any health symptoms consult with your physician as appropriate. 
         If you are on any medications, over the counter or prescription, drugs/alcohol, mind altering drugs, herbal remedies, and other wellness lifestyle products and services, consult with your physician prior to usage. If you have made the choice to quit smoking, you should let your doctor and health care team know of your intentions and any adverse side effects during this time. If you are experiencing any medical, psychological or emotional symptoms speak with your physician prior to usage, and let them know which sessions you plan on using. Take care of yourself always. People with psychosis or personality disorders have been recommended not to use hypnosis (NHS, 2015). If you have thoughts, feelings or intentions of suicide, contact your physician, psychiatrist or psychologist or emergency services immediately. If you or someone else is in immediate harm or physical danger, contact emergency services immediately. If you have repressed trauma or painful/traumatized emotions, you must consult with your physician, psychiatrist or psychologist, or counsellor for whether VICA session usage is appropriate for you. If you have a psychiatric disease, experience suicidal thoughts, or thoughts of harm to yourself or others you must not use VICA sessions unless under the close supervision of your physician or psychiatrist. If you have psychosis or a personality disorder you should not use VICA sessions. You should stay in close contact with your doctor, physician, psychiatrist or counsellor during all times. If you are taking any herbal supplements, over the counter or prescription medications that affect consciousness, anxiety, depression, sleep, mood, personality or psychology consult with your physician prior to usage and let them know the sessions you want to use. If you are taking sleeping medications, mood altering drugs, anti-depressants, epilepsy, anxiety medications, heart, breathing, neurological or psychiatric mediations you must not use VICA sessions unless under the close supervision of your physician or psychiatrist. If you have any consciousness conditions or problems consult with your physician prior to usage and let them know the sessions you want to use.
         You must only do VICA sessions if you are healthy enough for exercise and deep breathing. If you experience discomfort, or cramping discontinue usage. You should not strain yourself. Some sessions invite you to do exercises that involve 'deep breathing', or you may want to use deep breathing on your own initiative as a way to relax yourself. Breathing deeply means breathing and expanding from your belly and chest, from the middle of your body. When breathing deeply inhale all the way in and exhale all the way out. Your body is optimal with a mix of Oxygen and Carbon Dioxide at balance. You do not need to get more oxygen into your body by breathing excessive amounts of air in, or rapidly breathing. Breathe at a relaxed pace, at the pace that feels natural to you. You should not hyperventilate, over-expand your lungs by breathing too much air, or breathe too quickly. If you ever feel overwhelmed or dizzy return your breathing to normal. When you are done with any session or deep breathing exercise you should return to your normal rate of  breathing.
Do not use if you have had chest pains without prior approval from your physician. You should not use VICA sessions if you have had a heart attack, seizures, blood clot, stroke, fainted/loss of consciousness, psychosis, schizophrenia, chest pains, difficulty breathing, asthma, or panic attacks without prior approval from your physician.
         VICA sessions do not recover, reverse, or replace the physical effects of exercise. VICA sessions do not reverse or recover the physical effects of exercise on the body. VICA sessions do not purify, physically detox, or rejuvinate the body. VICA sessions do not replace sleep.
         VICA is not a treatment or replacement for the treatment of stress. May be helpful for relaxing from life's general stresses. This program is not for usage while under severe stress. If you have ever had a heart, breathing or neurological problem obtain approval from your physician prior to usage. Do not hyperventilate or breath deeply causing yourself to be dizzy or pass out. If you have passed out or fainted previously obtain approval from your physician prior to usage. If you have ever had a seizure/epilepsy you must talk with your physician prior to usage. If you have had a concussion or other neurological or physical injury you must obtain the approval of your physician prior to usage.
If you have a headache or discomfort of any kind, immediately discontinue usage of VICA sessions.
If you are pregnant, or think you may be pregnant, you must consult with your physician prior to usage, and let them know what sessions you are going to be using. Talk with your physician if you are stopping smoking cigarettes or tobacco. VICA  sessions do not purify your physical body. All results will vary. VICA sessions are not a treatment for stress or hypertension.

PRACTICAL USAGE

Responsibility
         If you have previous negative experience with hypnosis, mindfulness or mind control you should not use VICA sessions without close guidance from your health care professional. You are responsible solely for all behaviours and acts before, during and after using VICA sessions. You must agree to be safe in all behaviours during VICA session usage. Participation in VICA sessions is done at the user's sole discretion and risk of consequences. Do not follow any suggestions contained in VICA sessions or the program that would be inappropriate/dangerous for you. VICA is not responsible for any event caused from the use or misuse of sessions or information. All risks associated with participating in activities or themes discussed in sessions are the responsibility of the user.

Safety/Alertness
         You must agree to be safe in all behaviours surrounding VICA session usage. You may not use VICA sessions if doing so would be dangerous to yourself or other people.  You should have nothing dangerous happening around you, while you relax during using VICA sessions. Have enough time to relax within. You should not use VICA sessions while standing, or in any way that you may fall down. Using VICA Programs may cause drowsiness. When you use VICA, please note that you are, for the most part, unavailable to the outside world, and there is a possibility you may even fall asleep, and that you may sleep or keep relaxing past the end of the session. If you feel you may fall asleep, you may want to set an alarm or ask someone you trust to remind you of when to wake up. 
         Make sure nobody or nothing needs your attention, and be sure that you, your belongings, dwellings, animals, and anyone you are with will be safe and secure for the duration of the session, and possibly longer.  Do not use VICA sessions while you are watching over someone, an animal, or something. You do not want to use VICA sessions if you would fall asleep on someone else, animals, or knock objects that would be unsafe. 
         If something does need your attention during your session, you can awaken when you're alerted. When you open your eyes, and move your body, you will awaken just like when waking up in the morning. Give yourself enough time to use your session and enough time afterwards to check you are fully alert before proceeding with your day, and before doing anything requiring attention. After your session you should get up and move around to fully awaken. You should not do activities that could be dangerous for at least one hour after using VICA sessions, in order to give yourself ample time to wake up fully. You should not do anything that would be dangerous without fully returning to an awake and aware state of consciousness. 
You should not use anchors or inductions at times that it would not be safe/appropriate. You may not consciously or subconsciously trigger yourself to reenter a relaxed state at times that it would not be safe/appropriate to do so.

Comfort
         Personal results with usage will vary. Your body temperature may fluctuate during VICA session usage as you relax, so you can use a blanket to stay warm. Listen to VICA sessions at a low comfortable level. You should not listen at high volumes for extended times as this may be damaging to your ears and hearing.

Spirituality
         VICA sessions have been designed to be compatible with all cultures and religions. However, if mindfulness and hypnosis are against your culture or religious belief system you should not use VICA sessions.

Research/Promise of Effects
         There is no guarantee for activities meditated upon, whether in success, safety or legality.  Performance outcomes cannot be guaranteed. No effects or claims of usage are made. The effects of VICA sessions are for entertainment purposes only. If you disagree with any of the suggestions used, do not follow them. What does this mean?
         VICA sessions have not been researched using a double-blind placebo controlled trial (the highest scientific validity of effectiveness). There have however been general hypnosis double-blind trials showing clinical effectiveness for a variety of contexts (www.vica.studio/research). Studies on mindfulness, clinical hypnosis, and hypnotherapy (i.e. under the treatment of a health care professional) do not directly support the benefits of audio hypnosis or mindfulness meditations, however may indicate potential effects possible. However, VICA sessions usage is not the same as having another person conduct hypnosis upon you (i.e. hypnotherapy or clinical hypnosis), and thus all research findings do not directly apply to using VICA sessions. VICA sessions do not reverse or remediate the physical effects of exercise, or do not directly improve physical condition. VICA sessions do not have direct physical, emotional of psychological effects. The intentions for VICA sessions are stated up front as much as possible wherever appropriate. Meditation has been recognized as safe for healthy people (NCCIH, 2014).

Consent
         Consent must be voluntarily given by a person of legal age, who has been adequately informed about usage, having enough information to weigh the risks and benefits of beginning to use the program. If you are unable to give informed consent for any reason, you may not use the VICA program at all. It is the User's right to decide whether to participate in using VICA sessions. By agreeing to the terms and conditions of using VICA sessions you understand the potential benefits and risks associated with usage of VICA sessions, and have self determined your choice for usage. Your personal VICA session usage may be identified inadvertently by an organization leader/purchaser by identifying that your organization's users have made quotient downloads (although your identity is not collected or given in this instance without your consent). If you are providing VICA sessions for employees, students, or other clients/individuals, or it has been provided to you, usage of the program is not mandatory. You should not listen to VICA sessions in a way that other people can overhear and be affected by them secondhand.

Legal
         VICA sessions must be used in a legal way, abiding by all local, state and international law. VICA sessions must be used by you legal, ethical, safe and moral at all times. VICA sessions are performed by Joshua Paulton Master of Counselling and Certified Hypnotist. Client personal information is held confidential by VICA and is never given or sold to third parties without prior client approval. You are solely responsible for your use of VICA sessions. VICA assumes no responsibility for accidents or injuries that happen when practicing these techniques. Activities described in VICA sessions are not appropriate for all people. Health information and links are provided only for your convenience, and are not endorsements. VICA is not liable or responsible for actions taken due to advice or other materials provided for you. VICA is not responsible for any event caused from the use or misuse of sessions VICA shall not held liable for any results, incident, or consequential damages resulting from the use of our information or sessions. If you have a medical emergency call 911 or your local emergency number immediately. See www.vicastudio.com/faq in our 'Resources' section for resources that may be able to assist you. VICA sessions are non-therapeutic and not medical devices. VICA makes no claims or guarantees for effects of usage. VICA sessions should be used to support the relationship between you are your professional health care providers and is not a replacement therapy. VICA makes no warranties for the accuracy, completeness or suitability for using VICA sessions, as permitted to the fullest extent under the law. You agree not to harm yourself or others with usage.

EXPERIENTIAL USAGE

         A transcendent state of consciousness is often experienced in meditation. People experience this feeling differently. People often report feeling very relaxed as if in a sleep like state but with some awareness. Other people report feeling like there is a lot of space inside of their body, or that they are floating around themselves.
         VICA sessions may induce out of body experience/a transcendental state of consciousness. VICA sessions my utilize past, present or future personal timeline regression. Users may experience pychokinesis or extra sensory perception. If you are sensitive to out of body experiences or experience anxiety from altered states of consciousness, you should not use VICA sessions. If you are prone to anxiety, start slow, and know you are free to pause your sessions at any time. If you experience anxiety, immediately discontinue usage of VICA sessions. When told to "let everything go", "let it all go", or similar statements, do not let go of anything you are physically holding onto. Here you let go of tensions inside of your muscles. When told to let go of your body, mind and emotions, do not detach from yourself or your life in unhealthy ways. Here you let go of attention during the meditation of your body, mind and emotions, similar to when in a dream. When told that nothing needs your attention, do not leave anything that would be dangerous not to attend. Here you let go of things on your conscious mind and clear your mind.  Typically, VICA sessions do not use post-hypnotic anchors and suggestions for behaviours, unless performing those behaviours are clearly part of the intentions of the session. The focus of sessions is on a state of wellness and optimization. Techniques performed in sessions may not be accurate to descriptions provided. Results may vary. You may experience extra sensory perceptions with VICA usage. If you are sensitive to sensing spirits, consult with your health care professional prior to usage.
         You may use a conditioned response anchor only during times when it is safe and healthy to do so.
         See the VICA Info page (www.VICA.studio/information) for background of the general theory of mindfulness meditation and philosophy of application utilized in VICA.

MINORS

         Minors from the age of 13 to 18, or from 13 to the age of majority in their jurisdiction of residence may not use VICA without the prior consent of their parent or guardian for each session going to be used. Parent or guardian must agree to be bound by your minor's use of VICA. Minors under the age of 13 are not permitted to use VICA, at this time.

PROGRAM MODIFICATIONS

         You must agree that VICA may at any time modify or discontinue the availability of the program without any notice to you the user. You must agree that VICA will not be responsible to you and other people that we are not held liable for any loss or damage as a result of service modification and discontinuation.

PRIVACY POLICY

         VICA uses personal information for providing and improving service. You must agree to the collection and usage of your information by this policy. When you use VICA, and submit your personal information, we will not use or share your information with anyone except as described here. VICA does not sell, share or rent your personal information and contact. Correspondence will only be in relationship to providing service. VICA collects log data including internet protocol (IP) address, browser type, version, pages visited, time/date, and time spent for service statistics. VICA provides communications from within the program, email, and third party networks. VICA's communications may be information or promotion. You may unsubscribe by clicking the link at the bottom of emails. Internet communications may not be secure. VICA cannot guarantee total security, although we attempt for the highest security possible. VICA may employ third party companies or individuals to facilitate the program. Third parties may have access to your personal information only to perform tasks on our behalf and obligated to not disclose or use for other purposes. When you register and purchase from VICA you agree to provide accurate and current personal information. You must keep a secure password. You may not compromise security or tamper with the system and account. If you violate system security, VICA reserves the right to release your details to system administrators for other sites to assist in resolving security. VICA may investigate breaches of the agreed to Terms & Conditions. VICA may cooperate with law enforcement authorities or court order requests for users breaching these Terms & Conditions. You must waive and hold VICA harmless for any claims resulting from action from investigations or law enforcement authorities. VICA uses cookies on www.VICAstudio.com and VICA.studio. You must consent to cookies usage. VICA may use cookies to authenticate users, however, if you delete or refuse cookies, you may not be able to use the program.
         Your personal VICA usage may be identified by an organization leader by the presence of digital media files on your work device(s) if they have access or network surveillance. 

USER CONTENT & POSTING

          You the user are responsible for content you post publicly, submit or contribute through the program (user content). VICA does not have an obligation to monitor or control user content that is available through the program. VICA reserves the right to review or remove user content. VICA will remove user content that within VICA's sole discretion is not legal, violates rules, is not consistent with VICA's philosophy and purpose. Content that goes against VICA philosophy and/or purpose but is overlooked by VICA staff or is under review may not be removed.

COPYRIGHT AND TRADEMARKS

          You shall not, nor facilitate for anyone else to make use of, reproduce, or distribute the program for purposes other than intended and licensed. Program and sessions are owned by VICA. Usage of the Program is licensed to you for the term of your use of the Program and not sold to you. Your right to use the Program is limited, personal, non-transferable, and non-exclusive. You may not reproduce, adapt, modify, reverse engineer, disassemble, translate, create derivative works, or otherwise reproduce the Program, or obscure or delete any proprietary notice on any part of the Program. You may not copy and/or distribute VICA files beyond what your license allows.
          You may not rent, lease, sublicense, perform publicly/through other mediums, or commercially exploit the program. VICA sessions are not for public display, classes or educational purposes, or rental or pay for usage. You are allowed to make personal back up copies of session audio files. You may not make unauthorized reproductions, distributions or exhibitions of the program. Using the program for purposes other than in the Terms & Conditions without prior written consent from VICA will terminate your license automatically. You acknowledge and agree that program content may be protected by copyright, trademark, patent, or other proprietary rights of VICA, licensors and service providers. VICA sessions contain intellectual property protected by copyright and trademark laws of Canada, United States, and International countries.
          VICA logo, and other marks used may not be used without consent of VICA. Breaking copyright may constitute an offence punishable by law. No license is conferred to you except as expressly provided.

REFERRALS & RESELLERS

          VICA does not control sources of referrals of customers through hyperlinks, the media or third party websites. VICA disclaims no control over any content, operation or practice of sources. If you do arrive at VICA through a source, you should review their user agreement and privacy policy to learn whether they will collect your personal information and data.

DEVICE REQUIREMENTS

         You can enjoy VICA sessions via your smartphone, computer or device if it satisfies the system requirements. Your player must play M4A (MPEG 4 Audio) or MP3 (MPEG 3 Audio). M4A uses advanced audio coding (AAC) and plays with QuickTime, iTunes, Windows Media Player, VLC Player, and more. MP3 is a standard format that plays on many devices and players, but may have lower quality. You should save the audio files to your local storage on your player like to your desktop and open them in the audio player. You should not play them from your browser without first saving a copy to your device. You are responsible to find out how to import your audio files into your media library or player.
         VICA is not responsible for technical support for audio files playing and management, including how to get downloaded files onto your mobile device. You will have to find out how to achieve this on your own, according to your device and application instructions. 
With using the VICA program we always recommend using headphones because of the way the sound is engineered and mastered: you will have a more immersive experience and get the best effects of your program.

PAYMENT & PRICING

          VICA accepts payment by certain credit cards and debit cards (via Stripe payment processor), Paypal®, Bitpay® (in bitcoin) in payment of orders. You must pay in full before downloading. VICA does not charge an ongoing membership fee. Prices are listed in Canadian currency. Canadian customers are charged tax according to Provincial Tax Rates. Prices of products are subject to change without notice. Customers are responsible for all applicable duties and taxes for their location.

RETURNS & REFUNDS

         Thank you for shopping at VICA. VICA does not issue returns and refunds for digital products once the order has been confirmed and the product sent. All sales from VICA are final. VICA is not responsible for lost or deleted files after the download link has been utilized. You may contact us by emailing info@VICAstudio.com if you experience issues receiving or downloading your products.

CORPORATE & COMMUNITY

         VICA may be used by corporations and communities to give the program to their members and employees. Corporations and communities may supplement this Agreement with more terms and conditions that also apply to this agreement. However, if there is a conflict this user agreement wins.
         Users provided VICA  sessions as a part of a team, club, membership, organization or company, must agree to this User Agreement and must be given VICA sessions complimentary/as part of regular service and not pay for play.

QUALIFICATIONS OF VICA MASTER GUIDE

         VICA sessions are performed by Joshua Paulton, Master of Counselling (City University of Seattle) and Certified Hypnotist (Pacific Institute of Advanced Hypnotherapy).

JURISDICTIONAL ISSUES

         If you use VICA outside of Canada, you are doing at your own responsibility for complying with local law regarding online products and content. VICA may limit the availability of the program to certain people, group, area, jurisdiction, at any time for any reason at VICA's sole discretion.

THIRD PARTY SERVICES & LINKS

         VICA may provide third party content like data, research, information, links and other services. You must agree that VICA is not responsible for third party services in any aspect. Inclusion of links does not indicate promotion, sponsorship, and endorsement by VICA. VICA does not assume any liability for any third party service. Using third party services is done entirely at the users own risk and subject to the third party terms of usage and privacy policy.

YOUR FEEDBACK & SUGGESTIONS

         Your opinion matters to us. You may contact us by email at info@VICAstudio.com with suggestions and comments for improving our service. You agree that any ideas sent to us are your voluntary submissions and may be used at our sole discretion and unless we have entered into a signed contract by both sides for usage of your ideas before disclosing them, we have no obligation to pay you for them. 

CONTACT US

         Should you have any questions or concerns about VICA or the Terms & Conditions please email info@VICAstudio.com.We appreciate your feedback and comments! Thank you for visiting Virtual Calisthenics / VICA Studio.

VICA AGREEMENT OF PROGRAM SERVICE

         By using the program, you agree that VICA shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind. VICA may act in response to breaking the agreement even if VICA has not acted in response in the past. The terms outline the agreement between you and VICA for the usage of VICA sessions, and must be agreed upon during the time of purchasing VICA product. VICA and you are not liable for failure to act which may unforeseeably cause the termination or disruption of the agreement during an Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military, uprising, earthquake, flood, natural or manmade event beyond control. VICA tries to offer the best service for you, although the program may not meet your requirements, and may have problems. VICA may not always be available due to internet and technology issues affecting service. VICA service may be offline due to upgrades and maintenance. Please contact info@VICAstudio.com with any technical issues.

SERVICE DISCLAIMER

         The prices and availability of products will change without notice. While we aim to provide accurate up to date information mistakes in product descriptions and our catalog may happen! VICA will update mistakes without notice. VICA may remove offers with mistakes without notice.
VICA may refund purchases when we are in error due to our discretion of your situation. If you believe your session is not what is described please contact us to remedy the situation by emailing info@VICAstudio.com.VICA does not offer refunds as per our refund policy. VICA is under no obligation to refund any purchase once completed as all sales are final.
         VICA cannot guarantee that information contained in products is accurate and makes no warranties that any products are complete, reliable, suitable or good for the conditions or intentions stated for their purpose. Your utilization of any information is done strictly by your own risk.
         By the fullest extent that is permitted by the law the program is provided on an as is basis without warranties of merchantability or fitness for a particular purpose. VICA and licensors do not warrant that any information is complete or accurate, service will be uninterrupted or free from error or rogue programming.

GOVERNING LAW

         The user agreement is governed by in accordance with the British Columbia, Canada laws.
You agree that any dispute be under the sole exclusive jurisdiction of the courts of British Columbia, Canada, and you must irrevocably agree to the jurisdiction of these courts to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). You must follow all laws about slander, libel, trade libel, defamation, product disparagement, invasion of privacy, harassment, torot, indecency, obscenity, and copyright and trademark infringement.
         Any term or part of the user agreement that is determined by a court or jurisdiction of competency un-enforceable does not affect the rest of The Agreement. VICA may not enforce or be able to enforce all terms in the Agreement, however this does not constitute a waiver of rights or any provision.

LIMIT OF DAMAGE

        By the fullest extent that is permitted by law, VICA, licensors, directors, partners, employees, and associates under no circumstances including negligence shall not be held liable for any direct, indirect, incidental, punitive, special or consequential damages. VICA shall not be liable to you for any damages including but not limited to injury, loss of profits, loss of goodwill, loss of mood thoughts or attitude, or any damages that may result from the use or misuse of the program and sessions including without limitation of the use of or reliance on content contained within the program, interruptions, errors, defects, mistakes, omissions, deletions of products, delays in transmission, non delivery of information, disclosure of communications, damage of your computer, device or software, systems, speakers, headphones, or data, or any direct or indirect, consequential and incidental damages, or any other failure of performance. VICA shall not be held in any event liable to you for damages, losses and causes of action due to negligence or otherwise, that exceed the amount paid by you when you purchased VICA sessions and products.

HOLD HARMLESS

         You hereby release and waive any and all claims and liability against VICA, licensors, directors, employees, associates or shareholders arising from the use of the program, or in any way connected to it. You must agree to agree to hold harmless, defend and indemnify VICA, licensors, directors, employees, associates or shareholders. You must agree that any and all claims or liability from the use or arising from the use of the program, misuse, or failure to abide by applicable law, including costs and attorney fees are not held against VICA.

AMENDING OF THE AGREEMENT

         VICA's Agreement will evolve, and we reserve the right to modify and replace this Agreement at any time, without notice. You must agree that Agreement terms will be changing, and you must agree to the new terms for continued usage of VICA. You must agree to new Agreements as they becomes available on www.vicastudio.com/terms, or you may not continue to use the program. This Agreement supersedes all other Agreements between you and VICA or other providers of the VICA program.

ENDING THE AGREEMENT
         This Agreement shall remain effective until becoming terminated by you or VICA. VICA may end this Agreement with you at anytime. The Agreement ends immediately upon ending. You may end the Agreement by deleting all copies of the program from your devices. If your Agreement is ended you must stop using the program and delete all copies from your devices. Ending the Agreement will not limit VICA's rights at law or equity if you breach any of the Agreement. If VICA believes you have broken the Agreement, you must agree that VICA may without notice delete or stop your account, usage of the program, and remove your user content from program. You must agree that VICA is not liable to you or any people for ending the Agreement with you.

REFERENCES

Food and Drug Administration. (1995). PG Sec. 335.300 Hypnotherapy Devices - Self Hypnotic Tape Recordings. FDA. Compliance Policy Guides. Retrieved from: https://www.fda.gov/ICECI/ComplianceManuals/CompliancePolicyGuidanceManual/UCM073898

Food and Drug Administration. (2006). Guidance for Industry on Complementary and Alternative Medicine Products and Their Regulation by the Food and Drug Administration. FDA. Retrieved from: https://www.fda.gov/OHRMS/DOCKETS/98FR/06D-0480-GLD0001.PDF

National Center for Complementary and Integrative Health. (2008). Complementary, Alternative, or Integrative Health: What’s In a Name? National Institutes of Health. Retrieved from: https://nccih.nih.gov/health/integrative-health

National Center for Complementary and Integrative Health. (2014). Meditation for Health: What the Science Says. National Institutes of Health. Retrieved from: https://nccih.nih.gov/health/providers/digest/meditation-science


By using the program it is understood that you have read and agreed to the terms of the Agreement.

Last updated: 25 August 2020.