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Welcome to the Services provided by Rodrigo Bejarano, Resurge, Rivyn, and Rivyn Performance (collectively, “we,” “us,” or “our”). These Terms govern your access to and use of the websites (rodrigobejarano.io, rivyn.co, performance.rivyn.co), the white-label Sonar-powered mobile application, coaching programs, content, tools, and related services (the “Services”).
By accessing or using the Services, creating an account, or clicking “I Agree,” you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) to use paid coaching or performance programs. Certain features may allow users 13+ with parental consent. You represent that you have never been suspended from the Services, are not a competitor using the Services for competitive purposes, and will comply with all applicable laws.
2. Privacy
Our collection and use of personal data is governed by the Privacy Policy, which is incorporated by reference.
3. The Services and Programs
Rodrigo Bejarano / Resurge: Leadership and executive coaching programs (including the Resurge Framework: Reckoning → Excavation → Realignment → Emergence), 1:1 and group offerings, content, and related tools.
Rivyn / Rivyn Performance: Performance intelligence system combining wearable data, optional biomarker panels, readiness scores, personalized protocols, and coaching. Plans include Básico, Pro, and Performance (details on the Sites).
Access via websites and the white-label mobile app (downloaded from App Store / Google Play). The app is provided via Sonar white-label; certain backend functionality is powered by Sonar under their terms where applicable.
You must create an account with accurate information and keep it updated. You are responsible for all activity under your account. We may suspend or terminate accounts for violations or inaccurate information.
4. Subscriptions, Fees, Payments, and Refunds
Fees are as stated on the Sites at the time of purchase (subject to change with notice). Subscriptions renew automatically unless cancelled in accordance with the stated notice period. Payments are processed by third parties (e.g., Stripe, App Stores).
Refund Policy: Full refund available within 30 days of initial purchase/registration for applicable programs (or longer if required by local law). After that period, fees are non-refundable except as required by law or at our sole discretion. Cancel via account settings, App Store, or by contacting support. Minimum commitments (e.g., 3 months on certain Performance plans) apply as disclosed at signup.
5. Grant of Rights and Acceptable Use
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.
You may not: reverse-engineer, scrape, copy content for commercial use, harass others, upload harmful content, or use the Services in any unlawful manner.
6. Intellectual Property
All content, frameworks (including Resurge™), trademarks, software, and materials are owned by us or our licensors. You receive no ownership rights.
7. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. THE SERVICES ARE NOT MEDICAL, THERAPEUTIC, OR DIAGNOSTIC SERVICES. SEE THE SEPARATE DISCLAIMER / RESPONSIBILITY DISCHARGE FOR FULL DETAILS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, COACHES, AND PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM (OR USD $100 IF GREATER).
9. Indemnification
You agree to indemnify and hold us harmless from claims arising out of your use of the Services, violation of these Terms, or infringement of third-party rights.
10. Termination
We may suspend or terminate access at any time for violation of these Terms or for any other reason. You may stop using the Services and request account deletion at any time.
11. Dispute Resolution / Arbitration
Any dispute shall first be attempted to be resolved informally. If unresolved, disputes shall be resolved by binding individual arbitration (not class actions) under the rules of a mutually agreed arbitrator or, if preferred and available, Mexican courts. You waive the right to participate in class actions. Exception for small claims or injunctive relief regarding IP.
12. Governing Law
These Terms are governed by the laws of Mexico (or the laws of the jurisdiction where the relevant operating entity is established), without regard to conflict-of-law principles. Venue shall be in Mexico City or as otherwise agreed.
13. Changes
We may modify these Terms by posting updates. Continued use constitutes acceptance. Material changes will be notified where required.
14. Contact
[email protected] or the contact forms on the Sites.
App Store Acknowledgment (standard Apple/Google language): These Terms are between you and us, not the App Store. The App Store has no maintenance obligations, etc.
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