Important notice for Québec consumers (French-first rule). If you reside in Québec and this agreement is a consumer contract or contract of adhesion, a French version must be provided first. By accepting this English version, you confirm that you have received the French version and that you expressly wish to be bound by this English version.

These Terms and Conditions (the “Terms”) form a legally binding agreement between:

• Subtle Awakening / Nohemi Ospina (the “Coach”, “we”, “us”, “our”); and

• you, the purchaser and user of the Services (the “Client”, “you”, “your”).

Together, the Coach and the Client are the “Parties”.

These Terms govern your access to and use of our website(s), digital materials (including PDFs), and coaching/mentoring services (collectively, the “Services”). By purchasing, accessing, or using any part of the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

If you do not agree with these Terms, do not purchase, access, or use the Services.

1. Definitions

“Coaching” or “Mentoring”: Non-clinical, non-medical support focused on self-discovery, insight, goal-setting, accountability, and personal development. Coaching is not psychotherapy or a regulated health service.

“Digital Materials”: Any downloadable or online content we provide (including PDFs, workbooks, audio, video, templates, exercises, prompts, or recordings).

“Program”: A coaching/mentoring package offered for a fixed term (e.g., 6 weeks) and/or a defined number of sessions, as described on the sales page or checkout.

“Purchase Terms”: The pricing, payment plan, tax, included deliverables, duration, and any special conditions shown at checkout or on the applicable sales page, which are incorporated into these Terms.

“Consumer”: Has the meaning set out in Québec’s Consumer Protection Act, CQLR c P-40.1, and similar consumer laws where applicable.

2. Scope of Services

The Services are educational and personal-development oriented. The Program may include one-to-one or group coaching calls, written exercises, prompts, email or messaging support (if stated in the Purchase Terms), and Digital Materials.

We may update the format, platform, schedule, or content of the Program from time to time, provided that we do not materially reduce what you purchased.

3. Important Disclaimers (No Medical/Legal/Psychological Advice)

Coaching is not a substitute for medical care, psychotherapy, counselling by a licensed professional, diagnosis, treatment, crisis services, or legal/financial advice.

You are solely responsible for your physical and mental health, decisions, choices, actions, and results. We do not guarantee any particular outcome.

If you are experiencing a medical or mental health emergency, call 911 or your local emergency number, or seek immediate professional help.

4. Eligibility and Account Information

You must be at least 18 years of age to purchase the Services unless a parent/guardian purchases and provides consent in writing, and we agree to provide the Services in those circumstances.

You agree to provide accurate, current information during checkout and to keep your contact details up to date.

5. Client Responsibilities and Code of Conduct

You agree to participate respectfully and in good faith. You will not disrupt sessions, harass others, or use discriminatory, abusive, or unlawful language or conduct.

You are responsible for having the required technology and internet access for online sessions.

You agree not to record any session or portion of the Services without our prior written consent and, where applicable, the consent of all participants.

6. Scheduling, Rescheduling, and Missed Sessions

Scheduling details are set out in the Purchase Terms or will be provided after purchase. Time slots are not guaranteed until confirmed in writing (including by email).

If you need to reschedule a session, you must provide at least 48 hours’ notice (or the notice period stated in the Purchase Terms). If you do not provide timely notice or you do not attend (“no-show”), the session may be forfeited without refund, at our discretion.

If we must reschedule a session, we will offer you alternative times within a reasonable period.

Programs are designed to be completed within the Program term. Unless required by law or expressly agreed in writing, unused sessions do not roll over beyond the Program term.

7. Fees, Taxes, and Payment

Fees are displayed in Canadian dollars (CAD) unless stated otherwise. Applicable sales taxes (GST/HST/QST) may be added where required.

You authorize us (and our payment processors, such as Stripe or Klarna) to charge your selected payment method for the total price or for each installment, as applicable.

If an installment payment fails, we may retry the charge. We may suspend access to the Services until payment is received. You remain responsible for all amounts due.

You agree not to initiate chargebacks or payment disputes without first contacting us to attempt to resolve the matter in good faith.

8. Cancellations and Refunds

Our refund policy (if any) will be stated on the applicable sales page or at checkout. If a refund policy is not stated, all sales are final to the maximum extent permitted by law.

7-Day Money-Back Guarantee. Subject to the exclusions and terms below, if you believe the Program is not a fit, you may request a refund within seven (7) days of your purchase date (the “Guarantee Period”). To request a refund, you must email us at the address set out in the Purchase Terms and include your name, the email used at checkout, and proof of purchase.

Effect of refund. If a refund is granted, your licence to use the Digital Materials (including any PDF, worksheets, recordings or other content) is immediately revoked. You must stop using the Digital Materials and permanently delete all copies in your possession or control (devices, cloud storage, printouts) and, upon request, confirm in writing that you have done so.

Refund calculation. If any live coaching/mentoring sessions have been delivered during the Guarantee Period, we may deduct from the refund the reasonable value of services already provided (pro-rated across the Program or at the rate stated in the Purchase Terms), as well as any non-refundable third-party fees (e.g., payment processing fees). Any refund is issued to the original payment method within a reasonable time.

Because Digital Materials are delivered immediately and can be copied, we generally do not offer refunds for Digital Materials once access has been provided, except under the 7-Day Money-Back Guarantee above or where required by law.

If the Program includes live coaching sessions, any refund (if offered other than under the 7-Day Money-Back Guarantee or where required by law) may be calculated on a pro-rated basis for services already provided and any administrative fees, as described in the Purchase Terms.

Statutory rights. Nothing in these Terms limits rights you may have under applicable consumer protection laws, including Québec’s Consumer Protection Act for distance contracts. Where a statutory right conflicts with these Terms, the statutory right prevails.

9. Intellectual Property and Licence (Copyright)

All content and materials included in the Services, including Digital Materials, text, graphics, logos, videos, audio, worksheets, prompts, session outlines, and brand assets, are owned by or licensed to us and are protected by Canadian and international intellectual property laws.

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Digital Materials for your personal, non-commercial use only.

You may not copy, reproduce, distribute, publish, sell, sublicense, share, post online, upload to any file-sharing service, translate, adapt, create derivative works from, or otherwise exploit any portion of the Services without our prior written consent, except as expressly permitted by law.

You may print one (1) copy of a PDF for your personal use, provided you do not remove any copyright notices.

10. Confidentiality

We will treat information you share in coaching as confidential, subject to the limits of the law and the following exceptions: (a) where disclosure is required by law or court order; (b) where there is an imminent risk of serious harm to you or others; (c) to our professional advisors (lawyers, accountants) on a confidential basis; or (d) with your express consent.

You agree to keep confidential any information shared by other participants in group sessions, if applicable.

11. Testimonials, Feedback, and Your Content

If you provide testimonials, reviews, comments, or other content (“Your Content”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, and display Your Content for marketing and business purposes, provided that we do not disclose your full name or identifying details without your permission (unless you have already publicly disclosed them).

You represent that Your Content is truthful, does not infringe third-party rights, and does not violate any law.

12. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy and applicable privacy laws, including Québec’s Act respecting the protection of personal information in the private sector (CQLR c P-39.1), as amended, and federal privacy law where applicable.

13. Acceptable Use and Prohibited Conduct

You agree not to:

· use the Services for any unlawful, fraudulent, or misleading purpose;

· infringe any intellectual property rights;

·attempt to gain unauthorized access to any accounts, systems, or networks;

·introduce malware or use automated scraping tools;

·impersonate any person or misrepresent your affiliation;

·post or transmit content that is threatening, harassing, discriminatory, obscene, or defamatory.

14. Third-Party Platforms and Links

We may use third-party platforms to deliver the Services (e.g., Zoom, email, learning platforms, payment processors). Your use of those platforms is subject to their own terms and policies. We are not responsible for third-party services outside our control.

15. Termination and Suspension

We may suspend or terminate your access to the Services if you breach these Terms, engage in abusive conduct, or misuse the Digital Materials. In such cases, refunds (if any) are at our discretion, subject to applicable law.

16. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided “as is” and “as available”. We do not make warranties or representations about accuracy, completeness, reliability, or fitness for a particular purpose.

17. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from or related to the Services.

Our total aggregate liability for any claim arising out of or relating to the Services will not exceed the fees you paid to us for the specific Program or product giving rise to the claim during the three (3) months preceding the event giving rise to liability.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including (in Québec) liability for intentional or gross fault, or for bodily or moral injury.

18. Indemnity

You agree to indemnify and hold harmless the Coach from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of: (a) your breach of these Terms; (b) your misuse of the Services; or (c) Your Content.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of Canada and the Province of Québec, without regard to conflict of laws principles.

The Parties agree to submit to the exclusive jurisdiction of the courts of the Province of Québec, judicial district of Saint Hyacinthe, for any dispute arising out of or relating to these Terms or the Services, except where applicable consumer protection laws provide otherwise.

If both Parties agree in writing after a dispute arises, they may choose to resolve the dispute through mediation and/or arbitration. Nothing in this section requires a Consumer to submit a dispute to arbitration.

20. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on our website and will apply to purchases made after the effective date of the update. For ongoing Programs, changes will not materially reduce the Services you already purchased.

21. Copyright Complaints (Notice-and-Notice Regime)

If you believe any content in the Services infringes copyright, please send a notice to: noe@subtleawakening.com with (a) a description of the copyrighted work; (b) where the allegedly infringing material is located; (c) your contact information; (d) a statement of good faith belief; and (e) your electronic signature.

22. General

Entire agreement. These Terms and the Purchase Terms constitute the entire agreement between the Parties regarding the Services and supersede prior discussions or representations.

Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.

No waiver. A waiver is effective only if in writing and applies only to the specific instance.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a sale of our business or assets.

Contact. Questions about these Terms may be sent to noe@subtleawakening.com.