Terms of Service - The Energy Edit Toolkit | Tsunami Guide

Terms of Service

The Energy Edit Toolkit

Effective Date: January 1, 2025
Last Updated: January 1, 2025

1. Agreement to Terms

By downloading The Energy Edit Toolkit or using any services provided by Tsunami Guide ("Company," "we," "our," or "us"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not download or use our materials.

2. Description of Service

The Energy Edit Toolkit is a digital resource designed to help professionals assess and optimize their energy management practices. The toolkit includes:

  • Energy assessment frameworks
  • Personal energy archetype identification
  • Implementation guides and planning tools
  • Daily energy management strategies

3. License and Permitted Use

Personal Use License

We grant you a limited, non-exclusive, non-transferable license to use The Energy Edit Toolkit for personal, non-commercial purposes only.

Permitted Uses

  • Complete the assessments for your personal development
  • Implement the strategies in your own life and work
  • Reference the materials for personal energy management

Prohibited Uses

You may NOT:

  • Redistribute, sell, or share the toolkit with others
  • Use the content for commercial purposes without written permission
  • Modify, reverse engineer, or create derivative works
  • Remove copyright notices or proprietary markings
  • Use the materials to train other coaches or consultants without authorization
  • Post the full content on social media, websites, or public forums

4. Intellectual Property Rights

Our Rights

All content in The Energy Edit Toolkit, including text, graphics, frameworks, methodologies, and design elements, is protected by copyright, trademark, and other intellectual property laws. Tsunami Guide retains all rights, title, and interest in the materials.

Your Rights

You retain ownership of any personal information or responses you provide when completing the assessments, but you grant us permission to use aggregated, anonymized data for service improvement purposes.

5. Disclaimer of Medical or Professional Advice

Not Professional Advice

The Energy Edit Toolkit is for educational and informational purposes only. It does not constitute:

  • Medical, psychological, or mental health advice
  • Professional coaching or consulting services
  • Personalized recommendations for specific situations
  • Treatment for any medical or psychological conditions

Consult Professionals

If you are experiencing serious stress, burnout, or mental health concerns, please consult with qualified healthcare professionals, therapists, or other appropriate specialists.

6. Results and Outcomes

No Guaranteed Results

While The Energy Edit Toolkit provides valuable frameworks and strategies, we cannot guarantee specific outcomes, results, or improvements. Individual results will vary based on:

  • Personal circumstances and commitment
  • Consistency of implementation
  • Individual differences in energy patterns
  • External factors beyond our control

Personal Responsibility

You acknowledge that implementing the strategies in the toolkit is your personal choice and responsibility. You agree to use good judgment and discontinue any practices that do not feel appropriate for your situation.

7. Privacy and Data Collection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the practices described in our Privacy Policy.

8. Email Communications

Consent

By providing your email address, you consent to receive:

  • Transactional emails (toolkit delivery, account updates)
  • Marketing communications (if you opt in)
  • Community updates and educational content

Unsubscribing

You may unsubscribe from marketing emails at any time using the unsubscribe link provided in each email. Note that you cannot opt out of essential transactional communications while using our services.

9. User Conduct and Responsibilities

Acceptable Use

You agree to use our services responsibly and in accordance with applicable laws. You will not:

  • Violate any applicable laws or regulations
  • Infringe on others' intellectual property rights
  • Attempt to gain unauthorized access to our systems
  • Use our services to harm others or engage in harassment
  • Provide false or misleading information

Account Security

You are responsible for maintaining the confidentiality of any account information and for all activities that occur under your account.

10. Limitation of Liability

Maximum Liability

To the fullest extent permitted by law, Tsunami Guide's total liability for any claims related to The Energy Edit Toolkit or our services shall not exceed the amount you paid for the specific service giving rise to the claim (or $50 if the service was provided free of charge).

Excluded Damages

We shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Lost profits, data, or business opportunities
  • Personal injury or property damage
  • Damages resulting from your use or misuse of the toolkit
  • Third-party actions or content

11. Disclaimers

"As Is" Basis

The Energy Edit Toolkit and all related services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Warranty

We do not warrant that:

  • The materials will meet your specific needs
  • The service will be uninterrupted or error-free
  • Any errors will be corrected
  • The materials are suitable for your particular circumstances

12. Indemnification

You agree to defend, indemnify, and hold harmless Tsunami Guide, its officers, directors, employees, and agents from any claims, damages, costs, or expenses (including reasonable attorney fees) arising from your use of the toolkit, violation of these Terms, or infringement of any third-party rights.

13. Termination

Your Rights

You may stop using The Energy Edit Toolkit at any time. Your rights under this license will terminate automatically if you violate these Terms.

Our Rights

We reserve the right to terminate or suspend access to our services at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to our business or other users.

Effect of Termination

Upon termination, you must cease all use of the toolkit and delete all copies from your devices.

14. Modifications to Terms

Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website.

Your Acceptance

Your continued use of our services after any changes constitutes acceptance of the new Terms. If you do not agree to modified Terms, you must discontinue use of our services.

Notification

For material changes, we will provide notice via email or prominent website posting at least 30 days before the changes take effect.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of California, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the courts of California.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tsunami Guide regarding the use of The Energy Edit Toolkit and supersede all prior agreements and understandings.

18. Contact Information

For questions about these Terms of Service, please contact us:

19. Acknowledgment

By downloading The Energy Edit Toolkit, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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