Terms of Service

Effective Date: January 4, 2025

Agreement to Terms

By accessing or using the Becoming Diamond website at becomingdiamond.com (the "Site"), purchasing our programs, or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Site or services.

These Terms constitute a legally binding agreement between you and Becoming Diamond.

Definitions

"We," "us," "our": Becoming Diamond and its affiliates
"You," "your": The individual or entity using our Site or services
"Services": All programs, courses, content, coaching, and related offerings provided by Becoming Diamond
"Site": The website located at becomingdiamond.com
"Member Portal": The password-protected area accessible at becomingdiamond.com/app
"Content": All text, graphics, videos, audio, software, and materials on our Site and in our Services

Eligibility

Age Requirement

You must be at least 18 years old to use our Services. By using our Services, you represent that:

You are 18 years of age or older
You have the legal capacity to enter into this agreement
You will comply with these Terms

Minors

If you are under 18:

You must have explicit consent from a parent or legal guardian
Your parent/guardian must review and accept these Terms on your behalf
Your parent/guardian is responsible for your use of our Services

Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

Account Registration and Security

Creating an Account

To access certain features, you must create an account. You agree to:

Provide accurate and complete registration information
Maintain and promptly update your account information
Keep your login credentials confidential
Not share your account with others
Notify us immediately of any unauthorized access

Account Responsibility

You are responsible for:

All activity that occurs under your account
Maintaining the confidentiality of your password
Any consequences of unauthorized use
Logging out from shared or public devices

We are not liable for any loss or damage from your failure to maintain account security.

Account Termination

We reserve the right to suspend or terminate your account if:

You violate these Terms
You engage in fraudulent or illegal activity
You misuse our Services or harm other users
Your payment fails or is disputed
We discontinue the Services

Purchases and Payments

Program Fees

Prices for programs and services are clearly displayed on our Site and are subject to change without notice. All fees are in U.S. Dollars unless otherwise stated.

Payment Processing

Payments are processed securely through Stripe
You authorize us to charge your payment method for all fees
You are responsible for all payment method fees (e.g., foreign transaction fees)
Failed payments may result in service suspension

Taxes

You are responsible for any applicable taxes, including sales tax, VAT, or GST, unless we are required to collect them.

Payment Plans

Some programs offer payment plans. By selecting a payment plan, you agree to:

Make all scheduled payments on time
Maintain a valid payment method on file
Pay any late fees for missed payments
Complete all payments even if you stop participating

Failure to complete payments may result in:

Loss of access to program materials
Collections action for unpaid balances
Legal action to recover amounts owed

Refund Policy

General Policy

All sales are final unless otherwise stated in the specific program terms. Refund eligibility depends on the program purchased.

Diamond Activation Experience (14-Day Guarantee)

Eligible: Full refund if requested within 14 days of purchase
Requirements: You must demonstrate good-faith participation
Process: Email support@becomingdiamond.com with your refund request
Timeframe: Refunds processed within 10 business days

DiamondMind Immersion

Refund terms are specified in your enrollment agreement
Generally non-refundable after the first Pressure Room intensive
Special circumstances evaluated on a case-by-case basis

Digital Products and Recordings

Generally non-refundable once access is granted
Exceptions made for technical issues preventing access

Refund Exclusions

Refunds are not available for:

Programs beyond the refund period
Partial participation or "changed my mind" after the refund window
Dissatisfaction not related to program quality or delivery
Violation of Terms or code of conduct

Refund Abuse

We reserve the right to deny refunds to users who:

Have a pattern of requesting refunds across multiple purchases
Violate our code of conduct or Terms
Download or access significant program content before requesting refunds

Intellectual Property Rights

Our Content

All Content on the Site and in our Services is the exclusive property of Becoming Diamond and is protected by copyright, trademark, and other intellectual property laws.

This includes:

The Diamond Operating System™ methodologies
Pressure Room™ frameworks
Swiss Army Knife™ protocols
All course materials, videos, audio recordings, and workbooks
Website design, graphics, logos, and branding
Software and technical infrastructure

Your License to Use Content

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and view Content for personal use only
Download materials explicitly marked as downloadable
Take notes and create personal summaries for your own learning

Restrictions on Use

You may NOT:

Copy, reproduce, distribute, or publicly display Content
Modify, adapt, or create derivative works
Sell, license, or commercialize any Content
Remove copyright notices or proprietary markings
Share login credentials or program access with others
Record, screenshot, or redistribute live sessions without permission
Teach or commercialize our methodologies
Use Content to create competing programs or services

Enforcement

Violation of these intellectual property restrictions may result in:

Immediate termination of access
Legal action for damages and injunctive relief
Prosecution under applicable copyright and trademark laws

User-Generated Content

If you submit content (testimonials, forum posts, feedback):

You grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute such content
You represent that you own or have rights to the content
You waive moral rights to the extent permitted by law
We may use your content for marketing, educational, or other purposes

Code of Conduct

As a participant in our programs, you agree to:

Respect and Professionalism

Treat facilitators, coaches, and other participants with respect
Avoid harassment, discrimination, or abusive behavior
Maintain confidentiality of others' personal sharing
Create a supportive and constructive environment

Appropriate Participation

Participate in good faith and with genuine intent
Engage with an open mind and willingness to learn
Follow guidelines and instructions from facilitators
Complete assignments and practices to the best of your ability

Prohibited Conduct

You may NOT:

Harass, bully, or threaten other participants or staff
Share others' personal information without consent
Promote or sell products/services without permission
Disrupt sessions or communities
Engage in illegal or fraudulent activity
Use Services for any harmful or malicious purpose

Consequences of Violations

Violations may result in:

Warning or probation
Removal from group sessions or community
Termination of account without refund
Legal action in severe cases

Disclaimers and Limitations

Not Medical or Psychological Advice

Our Services are not a substitute for professional medical, psychological, or therapeutic advice, diagnosis, or treatment. See our full Disclaimer for details.

No Guarantees of Results

We do not guarantee specific results from participation in our programs. Individual results vary based on numerous factors including effort, commitment, and personal circumstances.

Service Availability

We strive to maintain continuous service availability but do not guarantee:

Uninterrupted or error-free access
Freedom from viruses or harmful components
Correction of all defects or errors
Availability of all features at all times

Third-Party Content

We are not responsible for:

Accuracy or reliability of third-party content linked from our Site
Products or services offered by third parties
Actions taken based on third-party information

Limitation of Liability

Maximum Liability

To the fullest extent permitted by law, Becoming Diamond's total liability for any claims related to our Services shall not exceed the amount you paid us in the 12 months preceding the claim.

Excluded Damages

We are NOT liable for:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or opportunities
Business interruption or loss of use
Personal injury or property damage (except where prohibited by law)
Decisions or actions taken based on program content

Assumption of Risk

By participating in our Services, you acknowledge and accept the risks involved, including physical and emotional responses to exercises, breathwork, and practices taught.

Indemnification

You agree to indemnify, defend, and hold harmless Becoming Diamond, its officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of our Services
Violation of these Terms
Violation of any rights of another person or entity
Your Content or feedback
Breach of any representations or warranties

Dispute Resolution

Informal Resolution

Before filing a claim, you agree to contact us at legal@becomingdiamond.com to attempt informal resolution. We will work in good faith to resolve disputes.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than court litigation, except:

Small claims court for claims within that court's jurisdiction
Claims for injunctive relief for intellectual property infringement

Arbitration Terms

Arbitration will be conducted by JAMS or similar arbitration service
Governed by the Federal Arbitration Act
Held in [Your State/Location]
Each party bears their own costs (unless law provides otherwise)

Class Action Waiver

You agree to resolve disputes individually, not as part of a class action, collective action, or representative proceeding. You waive any right to participate in a class action.

Exceptions

The following may be brought in court:

Claims in small claims court
Claims seeking only injunctive relief for intellectual property violations
Claims where arbitration is prohibited by law

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict of law principles.

For any disputes not subject to arbitration:

Jurisdiction and venue lie exclusively in the state and federal courts of [Your County/State]
You consent to personal jurisdiction in these courts

Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

We will post the updated Terms with a new "Effective Date"
We may notify you via email or Site notification
Continued use after changes constitutes acceptance

Material changes will be notified at least 30 days in advance where legally required.

Reviewing Changes

You are responsible for reviewing Terms periodically. If you do not agree to modified Terms, you must stop using our Services.

Termination

Your Right to Terminate

You may terminate your account at any time by:

Contacting support@becomingdiamond.com
Following account deletion instructions in your settings

Termination does not entitle you to refunds for unused services (unless otherwise specified).

Our Right to Terminate

We may suspend or terminate your access immediately, without notice, for:

Violation of these Terms or our policies
Fraudulent or illegal activity
Abusive or harmful behavior
Non-payment or payment disputes
Any conduct we deem inappropriate or harmful

Effect of Termination

Upon termination:

Your access to Services will be revoked
You must cease using all Content and materials
Provisions that should survive (payment obligations, intellectual property, etc.) remain in effect
No refunds will be provided except as required by law

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any program-specific agreements, constitute the entire agreement between you and Becoming Diamond.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full effect.

Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for delays or failures in performance due to causes beyond our reasonable control (natural disasters, pandemics, war, strikes, government actions, etc.).

Notices

Official notices will be sent to the email address associated with your account. You are responsible for keeping your email current.

You may send legal notices to: legal@becomingdiamond.com

Headings

Section headings are for convenience only and do not affect interpretation.

Special Provisions

California Users

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

Provider: Becoming Diamond, [Your Business Address]
Complaints: California Department of Consumer Affairs, Consumer Information Division: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (916) 445-1254 or (800) 952-5210
Website: www.dca.ca.gov

International Users

If you access our Services from outside the United States:

You are responsible for compliance with local laws
Content may not be appropriate or available in your location
We make no representation that Services are appropriate outside the U.S.

Contact Information

For questions about these Terms:

Email: legal@becomingdiamond.com Support Email: support@becomingdiamond.com Mail: Becoming Diamond, [Your Business Address] Phone: [Your Phone Number] Support Hours: Monday - Friday, 9:00 AM - 5:00 PM PST

Acknowledgment

By using our Services, you acknowledge that:

You have read and understood these Terms
You agree to be bound by these Terms
You are eligible to use our Services
You will comply with all applicable laws and regulations

If you do not agree to these Terms, you must immediately stop using our Services.

Last Updated: January 4, 2025

For questions about these Terms, contact legal@becomingdiamond.com.