Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Visual Minds Learning, LLC ("VML," "we," "our," or "us"), a limited liability company. They govern your use of visualmindslearning.com, the VPA™ (Visual Performance Assessment) tools, courses, and any related services (together, the "Service").

1. Acceptance of these Terms (click-wrap)

You accept these Terms in one of the following ways, whichever occurs first: (a) by checking the "I have read and agree to the Terms of Service, Privacy Notice, and Refund Policy" box during account sign-up, (b) by clicking a "Place order," "Subscribe," or equivalent button at checkout, or (c) by continuing to access or use the Service after these Terms have been made available to you. If you do not agree, do not create an account, do not purchase, and stop using the Service.

2. Documents incorporated by reference

The following documents are incorporated into these Terms by reference and form part of your agreement with VML. Current versions are always available on the corresponding pages of visualmindslearning.com:

• Privacy Notice . How we collect, use, and share personal information.
• Refund Policy . The 30-day money-back guarantee and fair-use limits that apply to your purchase.
• Accessibility Statement . Our WCAG 2.2 AA commitments.
• Data Processing Addendum (DPA). Where you are a school, district, or clinical organization that has entered into a DPA with VML.

Where a specific term in an incorporated document conflicts with these Terms, the incorporated document controls only for the subject matter it covers.

3. Eligibility

You must be at least 18 years old and, if you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Educational content

Content on the Service, including the VPA™ framework, screeners, reports, activities, courses, and handouts, is for professional education and general information. It does not constitute medical, legal, or financial advice, and does not create a therapist-patient relationship. Practitioners are responsible for applying independent clinical judgment in their own practice, and for confirming that any use of the Service is within their scope of practice and licensure.

5. Accounts

You are responsible for keeping your account credentials confidential and for all activity under your account. Provide accurate information at sign-up and keep it up to date. Notify us promptly of any unauthorized access.

6. Acceptable use

You agree not to:

• Use the Service in a way that violates any law or third-party right;
• Attempt to reverse engineer, decompile, or otherwise derive the source code;
• Scrape, probe, or interfere with the security or integrity of the Service;
• Resell, sublicense, or redistribute paid content, including PDF reports and course materials;
• Share your account credentials with any other person;
• Enter Protected Health Information (PHI), full names, dates of birth, Social Security numbers, medical record numbers, or other direct identifiers into the VPA™ input fields.

7. Intellectual property

All content, courses, and frameworks (including the VPA™) are owned by Visual Minds Learning, LLC and are protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service and purchased content for your personal or professional use, within the scope of your plan. You may not reproduce, distribute, or create derivative works without our prior written permission.

8. Payments and subscriptions

Payments on this site are processed by Stripe. When you check out, your card and billing details are collected directly by Stripe under Stripe's Services Agreement. Applicable taxes are calculated at checkout where required.

Subscription plans (monthly and annual) automatically renew for successive billing periods until you cancel. You can cancel at any time from your Account page using the Manage billing button, which opens Stripe's secure customer portal; you keep access until the end of your current billing period. One-time purchases grant lifetime access to the current version of the tool you purchased.

9. Refunds

Refunds are governed by the Refund Policy, which is incorporated into these Terms by reference. In summary: VML offers a 30-day money-back guarantee on VPA™ purchases, subject to fair-use limits described in the Refund Policy (including limits on repeat refunds, on bulk downloads before requesting a refund, and on chargeback or resale abuse).

10. Service availability

We work to keep the Service running, but we do not guarantee that it will be uninterrupted, timely, secure, or error-free. We may modify, suspend, or discontinue any part of the Service at any time.

11. Suspension and termination

We may suspend or terminate your account or access to any part of the Service for material breach of these Terms, non-payment, suspected fraud or security risk, or repeated policy violations. On termination, your license to use paid content ends. You may terminate your account at any time by contacting us.

12. Warranty disclaimer

The Service is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

To the fullest extent permitted by law, VML will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim arising out of or related to these Terms will not exceed the amount you paid to us in the twelve (12) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law (such as for fraud or personal injury caused by our negligence).

14. Indemnification

You agree to indemnify and hold VML harmless from any claim arising out of your misuse of the Service, your content, or your violation of these Terms or any third-party right.

15. Governing law and venue

These Terms are governed by the laws of the State of Mississippi, USA, without regard to conflict-of-laws rules. Any dispute will be resolved exclusively in the state or federal courts located in Mississippi, and you consent to personal jurisdiction there.

Public-entity carve-out. Where you are a U.S. public school district, state agency, or other governmental entity that is prohibited by applicable state law from agreeing to a foreign choice of law or venue, the laws of your home state and the courts of competent jurisdiction in your home state shall govern any dispute between you and VML, and the choice-of-law and venue provisions above shall not apply to you to the extent so prohibited.

16. Changes

We may update these Terms from time to time. Material changes will be posted here with an updated "Last updated" date, and, where required by law, communicated by email. Continued use of the Service after changes have been posted and, where applicable, communicated, constitutes acceptance.

17. Contact

Questions about these Terms? Reach us via the Contact page.