Identity Shifting®

Terms of Service

Last updated:

The Short Version

By using Identity Shifting, you agree to these terms. Our services are for personal development, not therapy or medical treatment. Your first Evo plan comes with a 60-day guarantee: if it isn't right for you, we'll refund everything you've paid (see Section 6). You can cancel Evo yourself at any time. Other purchases are final unless their offer says otherwise. Be respectful in our community. We own our content; you own yours.

1. Introduction

This Agreement, together with our Privacy Policy, exclusively governs the following websites:

  • identityshifting.com
  • fundamentalshift.com
  • robscott.com
  • recodeyourmind.com
  • backtobreath.com
  • stillnessinmotion.us

It also governs any purchase or use of any of our group or individual products or services, for any reason ("Use").

By your Use, you agree to comply with and be bound by all of this Agreement, including our Privacy Policy, which together governs and constitutes the entire relationship between you and Fundamental Shift, LLC ("Fundamental"), provider of the Site.

The terms "Provider" or "us" or "we" refer to the owner of the Site, Fundamental. The term "you" or "your" refers to the User or viewer of our Site, or any of the Provider's programs, offerings, products or services ("Provider Offerings").

2. Client and Member Terms

In consideration of your Use, you agree to and abide by the following:

  1. You are capable of understanding the terms of this Agreement.
  2. You are contracting solely with the Provider, and not with any other company or individual.
  3. Provider holds complete authority over all customer accounts.
  4. Not Medical or Therapy Services: Provider does not offer any sort of medical, counseling, or doctor services, and cannot treat or diagnose any illness or injury. Neither the Provider, nor any of its affiliates, members, directors, officers, agents, employees, independent contractors, or volunteers, have any medical or counseling credentials. If you are in need of medical help, you should seek that help from a licensed professional.
  5. Provider Offerings are not a replacement for therapy.
  6. No Guaranteed Outcomes: Provider offers no warranty or guarantee with its Provider Offerings, other than the Evo refund guarantee in Section 6, which refunds your payments on the terms stated there and does not promise any particular result. Your Use of Provider Offerings is not guaranteed to produce any given outcome, and may result in very different outcomes for different people.
  7. Assumption of Risk: You understand the risks and dangers associated with participating in Provider Offerings, and nevertheless expressly assume all risks associated with Use of Provider Offerings, inherent and otherwise, and whether or not described herein.
  8. Release and Indemnification: You, for yourself, heirs, assigns, representatives, and next of kin, unconditionally release, discharge, defend, and hold harmless Provider and its affiliates, members, directors, officers, agents, employees, independent contractors, and volunteers from any damages, claims, liability, or causes of action, whether known or unknown, arising out of your Use of Provider Offerings, including claims of ordinary negligence. Furthermore, you hereby agree to indemnify, defend, and hold harmless Provider from any claim, liability, or cause of action by third parties arising out of your Use of Provider Offerings.
  9. Provider owns all recordings associated with its Provider Offerings. You may not use these recordings for any purpose without prior written consent from Provider.
  10. Provider does not offer any refunds, and all sales are final, unless otherwise specified for a particular program (for Evo, see Section 6).
  11. You acknowledge and recognize that by Using Provider Offerings, you consent that your work, recordings, and any other information may be reviewed by authorized employees and/or members or directors of Provider.
  12. You agree to the terms of our Privacy Policy.
  13. Proprietary Materials: Any and all conversations, materials, and documents presented or used during the course of your participation in any Provider Offerings, unless otherwise stated, are proprietary materials and the property of the Provider alone, and may not be used or shared for any purpose without prior written consent of the Provider.
  14. Group Programs: In all group programs, posting of group call recordings are done on a private platform, but other clients in your group will have access to the replays. Provider is not responsible if another person reproduces your content without permission, or the content is shared in some way outside the intention of this privacy. Provider is also not responsible if hacked by an outside party.
  15. Minors: If you are a minor, you must have explicit permission from a parent/legal guardian before Use of Provider Offerings. By your Use, you represent and warrant to the Provider that you are at least 13 years of age, and if you are a minor, you must request your parent/legal guardian to enter into this Agreement on your behalf.
  16. AI-Powered Features: You understand and consent that certain features, including Evo and the Hidden Limit Finder, may use third-party artificial intelligence to process your inputs. What you share in these features is sent to our AI providers as you wrote it, as described in our Privacy Policy. AI-generated content is not a substitute for professional advice and may not always be accurate. You acknowledge that while we implement reasonable safeguards, AI systems may occasionally produce unexpected or imperfect outputs.

3. Description of Services

Identity Shifting provides:

  • Online coaching programs and courses
  • One-on-one coaching sessions
  • Group coaching and community access
  • Digital content, assessments, resources, and AI-powered experiences
  • Live events and workshops

Artificial Intelligence

AI technology may be integrated throughout our Services. We use business-tier AI services, and our Privacy Policy names the providers and what each receives. Client-facing AI features may include interactive experiences such as Evo, the Hidden Limit Finder, and other AI-powered tools. We may also use AI internally to analyze coaching sessions, process client materials, generate insights, prepare coaching resources, and support service delivery. All AI features and processing are subject to the terms in Section 2A (Consent to AI Processing) and our Privacy Policy.

Important Disclaimer

Our services are for personal development and educational purposes only. They are not a substitute for professional medical advice, diagnosis, treatment, mental health services, or therapy. If you are experiencing a mental health crisis, please contact a licensed mental health professional or emergency services immediately.

4. Eligibility

To use our services, you must:

  • Be at least 18 years of age (or 13 with parental consent)
  • Have the legal capacity to enter into binding agreements
  • Not be prohibited from using our services under applicable laws

5. User Accounts

When you create an account, you agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Promptly update any changes to your information
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access

You have the exclusive obligation to maintain and control the sign-in details for your account, including the email account we send sign-in codes to. You are exclusively responsible for all activities that occur in connection with your sign-in details. You agree to immediately notify Provider of any unauthorized uses of your sign-in details or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Payment and Refunds

Payment Terms

  • All prices are in USD unless otherwise stated
  • Payment is due at the time of purchase
  • For subscriptions, you authorize recurring charges until canceled
  • You are responsible for any applicable taxes

Evo Subscriptions

Evo is billed monthly or yearly, in advance, until you cancel. You can cancel yourself at any time in your Evo settings. Cancelling stops the next renewal, and you keep access until the end of the period you've already paid for. Outside the guarantee below, we don't refund the rest of a period you've started.

Evo 60-Day Guarantee

Try Evo for 60 days. If it isn't right for you, email support@identityshifting.com within 60 days of your start and we'll refund everything you've paid. No questions, no forms.

The guarantee applies once per person, to your first plan only (monthly or yearly), counted from your start date. A refund ends your Evo access. Renewals don't carry a new guarantee. The guarantee is a promise about your money, not a promise of any particular result (see Section 9).

Other Purchases

Provider does not offer refunds, and all sales are final, unless otherwise specified for a particular program. If you believe you have a special circumstance, you may contact us at support@identityshifting.com within 14 days of purchase to discuss.

7. Intellectual Property

Our Content

The trademarks, logos, and service marks ("Marks") displayed on the Site are the property of Provider and/or other parties. All content, materials, methodologies, frameworks, and trademarks (including Identity Shifting®, Fundamental Shift®, Recode Your Mind®, Stillness in Motion®, Back to Breath®, and Hidden Limit Finder™) are owned by us or our licensors.

You are prohibited from using any Marks for any purpose, including but not limited to using as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or the third party which may own the Marks.

All information and content of the Provider located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of, or using any Provider content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

Your Content

You retain ownership of content you create (such as community posts or session notes). By posting content in our community, you grant us a non-exclusive license to display that content within our platform.

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for your personal, non-commercial use. This license does not include the right to resell, redistribute, or create derivative works.

8. Third-Party Links

This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site ("Linked Site"). Provider has no discretion to alter, update, or control the content on a Linked Site.

The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. Provider urges you to make sure you understand the risks before relying upon, using, or retrieving any information on a Linked Site.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

WE DO NOT GUARANTEE SPECIFIC RESULTS FROM USING OUR SERVICES. YOUR RESULTS DEPEND ON MANY FACTORS, INCLUDING YOUR COMMITMENT AND CIRCUMSTANCES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDENTITY SHIFTING AND FUNDAMENTAL SHIFT, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

You agree that Provider, its affiliates, and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability, or otherwise, for any indirect, punitive, special, consequential, incidental, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Site or a Linked Site.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

AI-Specific Limitation: Without limiting the foregoing, Provider shall not be liable for any damages, losses, or harm arising from or related to: (a) AI-generated content, analysis, or recommendations; (b) inaccuracies, errors, or omissions in AI outputs; (c) decisions or actions you take based on AI-generated content; (d) data breaches or security incidents involving third-party AI providers; or (e) any conduct of third-party AI providers. Your sole remedy for dissatisfaction with AI features is to discontinue use of the Services, together with any refund due under the Evo guarantee in Section 6.

11. Indemnification

You agree to indemnify and hold harmless Identity Shifting and Fundamental Shift, LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of our services or violation of these Terms. This indemnification includes, without limitation, any claims arising from or related to AI processing of your data or your use of AI-generated content.

12. Termination

The Provider may terminate your access to the Site or to its services without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

Without limitation on any of our other rights or remedies at law, in equity, or under these Terms, Provider may terminate your access to the Site, in whole or in part, including your right to use any Products.

All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

13. Governing Law

Your Use of the Provider's Site, services, products and other offerings and any dispute arising out of such Use is subject to the laws of the State of Wyoming, United States of America and applicable federal law without regard to conflicts of laws principles.

You agree that you will first attempt to resolve any concern or issue with the Provider or with the use of this website by communicating fully your concern with the Provider.

Should communication with the Provider not resolve your concern or issue, you agree to submit your concern or issue to the courts of the State of Wyoming, Laramie County, within one year of the dispute arising. You also agree that the successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.

14. Changes to Terms

We reserve the right to modify these Terms at any time. The "Last updated" date at the top shows when we last changed them. We'll tell members about significant changes by email or in the app. Your continued use of our services after changes constitutes acceptance of the updated Terms.

This Agreement and other referenced material are the entire agreement between you and the Provider with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Provider with respect to the Site and govern the future relationship regarding your use of the Site.

15. Contact Us

If you have questions about these Terms, please contact us:

Email: support@identityshifting.com

Address:
Fundamental Shift, LLC
1613 Evans Avenue #80
Cheyenne, WY 82001-4619

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