Terms and Service

PURPOSE OF THIS DOCUMENT

This document explains the remote (at-home) neurofeedback brain training and wellness coaching offered through BrainFit Studio, including what the service is, the equipment rental terms, the fees and what you owe, the risks and limits, how your information is handled, and your rights and responsibilities. Please read it carefully and ask any questions before you sign. Your signature means you understand and agree to these terms and want to take part in the service.

SERVICES AND TERMS OF THIS AGREEMENT

This is an agreement between you (the client) and BrainFit Studio for remote neurofeedback brain training and wellness coaching. Please read it so you know exactly what you are signing up for.

What this service is. BrainFit Studio provides neurofeedback brain training that you do at home using a rented EEG device and approved software, along with wellness coaching to support your training. This is a wellness and brain-training service. It is not counseling, psychotherapy, mental health treatment, or medical care, and it is not a telehealth or clinical service. Any coaching we provide is wellness coaching focused on your brain-training progress — it is not therapy or counseling of any kind.

What we provide. We ship you a rented EEG device (a BrainBit headband or, for brain mapping, the BrainBit Flex 8) and help you get set up with the software. If you came to BrainFit Studio directly and are using this service on our recommendation, you also receive about 30 minutes of wellness coaching at least once a month, for up to six months, to check on your progress, adjust your training as needed, and answer your questions. If you bought the service entirely on your own, you use the device and software at your own discretion and do not receive coaching.

How long it lasts. The recommended program is about six months, using the device at least 2–3 times per week. Consistent use is what makes brain training work; occasional use usually will not produce lasting results.

Your commitment and what you owe. The first four months are a binding commitment. You agree to pay the monthly fee for each of those first four months no matter what — even if you stop using the device, change your mind, or run into other circumstances. After the four months, you can either continue month-to-month through the sixth month or stop (and return the equipment). Stopping early does not cancel the fees you owe for the four-month commitment period.

What it costs. Your monthly fee depends on which device you use (see the fee section below). Fees are billed in advance at the start of each month, charged automatically to the card you keep on file, and run through the six-month program. The four-month commitment fees are non-refundable.

The equipment is rented, not purchased. The device always belongs to BrainFit Studio. You must return it when you finish or when you stop using it. We pay to ship it to you and we provide prepaid return shipping. If you do not return it, or if it is damaged, return and damage fees apply (see the equipment section below).

No promises about results. This uses a wellness device, not an FDA-approved medical device. We use standard, research-supported neurofeedback methods, which has helped thousands of people with various mental health struggles and performance related issues, but we cannot and do not guarantee any particular result, and you understand you may get little or no benefit.

Signing this agreement. By signing this agreement, you confirm that you understand and accept all of the terms in this document, including the more detailed sections that follow.

CONSENT TO REMOTE NEUROFEEDBACK BRAIN TRAINING AND WELLNESS COACHING

You are agreeing to do neurofeedback brain training remotely, using a rented EEG device and software in your own home or another location you choose, rather than at our office. By signing, you understand and agree that:

• This service depends on your own internet connection, device, cellular service, and power, and that the quality and reliability of the service depend on technology that is outside BrainFit Studio's control.

• You will do your training sessions in a safe, private, seated setting, and never while driving or operating machinery.

• No one from BrainFit Studio is present with you during your sessions, and we cannot step in or respond in real time.

• This is a wellness coaching and brain-training service — not counseling, therapy, medical care, or an emergency or crisis service.

• You will tell us, and keep current, the city and state where you are located. Your current location (city/state) is: ________.

OUR ROLE AND SCOPE

Dr. Matthew McKeithan is a Licensed Clinical Psychologist (SC License #1907). His licensed clinical services are provided through his clinical practice (for example, in-office care). This remote service is different: it is offered as wellness coaching and neurofeedback brain training, not as the practice of psychology, counseling, therapy, or clinical treatment, and it does not create a therapist–client or doctor–patient relationship. This is true regardless of how you found us. If you purchase and use the device and software entirely on your own, you are using a wellness and training product at your own discretion, and you receive no coaching, monitoring, or guidance from BrainFit Studio.

WHAT IS NEUROFEEDBACK BRAIN TRAINING?

Neurofeedback (also called EEG biofeedback) is a non-invasive way to train self-regulation of brain activity. A wearable EEG sensor (the rented BrainBit device) reads your brainwave activity, and the software gives you real-time visual and/or sound feedback that helps you learn to shift your patterns through repeated practice. It works on the ideas of operant conditioning and neuroplasticity — the brain's ability to reorganize itself through repetition. In this remote program, you do the training yourself at home with the rented device and approved software.

RESEARCH AND EVIDENCE

Neurofeedback has been studied and used as a supportive approach for things like attention and focus, anxiety, mood, sleep, stress, and general self-regulation. The strength of the research varies a lot depending on the use; the evidence is strongest for attention/ADHD (recognized by the American Academy of Pediatrics as an evidence-based option for ADHD), while research for other uses is still developing. Neurofeedback is a complementary, training-based approach. It is not a medical treatment or cure, is not FDA-approved to treat any condition, and should not replace medical care, mental health treatment, or medication when those are needed. We encourage you to continue any care you receive from your own doctors or mental health providers.

RECOMMENDED PROGRAM AND COMMITMENT

For results that last, neurofeedback takes consistent, repeated practice:

• The recommended program length is about six (6) months of regular training.

• You should use the device at least two to three (2–3) times per week throughout the program.

• Occasional or infrequent use is unlikely to produce lasting benefit.

Binding commitment period: The first four (4) months are a binding commitment. You are responsible for the full monthly fee for each of the first four months regardless of whether you keep training, stop using the device, change your mind, or face other circumstances. The commitment period ends after the fourth month, after which you may continue month-to-month through the sixth month or stop, subject to returning the equipment. Stopping does not relieve you of the fees owed during the four-month commitment period.

SERVICE TIERS, EQUIPMENT RENTAL, AND FEES

All equipment is provided as a rental. You do not buy the device; it remains the property of BrainFit Studio at all times. BrainFit Studio covers the cost of shipping the equipment to you and provides prepaid return shipping.

BrainBit Headband (Standard)

• Monthly fee: $250.00 per month

• If not returned as required: $250.00 restocking fee

BrainBit Headband Pro

• Monthly fee: $400.00 per month

• If not returned as required: $500.00 restocking fee

BrainBit Flex 8 — qEEG Brain Mapping

• Rental fee: $350.00 (one time fee)

• Must be returned within four (4) days of your brain-mapping appointment

• If returned after four days: $600.00 restocking fee

Initial brain mapping session 1hr rate of 225.00 (subsequent meetings and appointment are covered under the monthly fee for either device).

Return timing — headbands: Each rented headband (Standard or Pro) must be returned at the end of the six-month program, or right away when you decide to stop using it, whichever comes first.

EQUIPMENT RENTAL, CARE, AND DAMAGE TERMS

By accepting rented equipment, you agree that:

• Ownership: All devices remain the property of BrainFit Studio. You may not sell, lend, sublease, modify, or let others use the equipment.

• Care: You will use the equipment only as instructed, keep it clean and protected, and store it safely.

• Shipping and return: BrainFit Studio covers outbound shipping and provides prepaid return shipping. Equipment must be returned in good working condition within the timeframes above, using the provided return method.

• Damage — headbands: Damage to a rented headband results in the restocking fee for that device ($250.00 Standard; $500.00 Pro).

• Damage — BrainBit Flex 8: Normal wear and tear to the Flex 8 caps, and a missing electrode, count as ordinary use and will not be charged. Damage to other parts of the Flex 8 results in a full replacement fee of $1,250.00 (the cost of the equipment), less the $350.00 rental already paid, for a net charge of $900.00.

• General: Loss, theft, or failure to return equipment is treated as non-return and is subject to the applicable restocking or replacement fee above.

SOFTWARE AND TECHNOLOGY

This service uses third-party and/or proprietary software, specifically Divergence (www.divergenceneuro.com) and/or WaveMind Pro. You are responsible for installing and maintaining the required software on a compatible device. BrainFit Studio is not responsible for, and disclaims liability for, problems related to mobile-device incompatibility, device storage limits, cellular service, Wi-Fi or internet limits, or software glitches or malfunctions. Technical issues with the Divergence software must be directed to Divergence customer service (www.divergenceneuro.com). Service interruptions caused by these technology issues do not change your fee obligations.

COACHING AND THE TWO WAYS TO USE THIS SERVICE

If you bought and use this service on your own (online only): You are using the equipment and software at your own discretion and take responsibility for your own use. You do not receive wellness coaching, progress monitoring, or guidance from BrainFit Studio.

If you came through BrainFit Studio: If you started with BrainFit Studio and chose this service on our recommendation, you receive about thirty (30) minutes of wellness coaching at least once a month, for up to six months, to check progress, adjust your training as needed, and answer your questions.

PAYMENT, BILLING, AND NO-REFUND POLICY

• Monthly fees are billed in advance at the start of each month.

• Recurring billing: You authorize BrainFit Studio to keep a valid card on file and to charge the monthly fee automatically on a recurring basis through the six-month program, along with any restocking, replacement, or late fees that come due.

• Billing platform: Clients who come through BrainFit Studio are billed through SimplePractice. Clients who buy the service on their own are billed through Stripe.

• Binding period: The first four (4) months are non-cancellable and non-refundable. After that, you may stop with notice and return of the equipment, which ends billing for the remaining months.

• No refunds: Commitment-period fees are non-refundable and non-transferable. Stopping the service, not using the device, or not using the service does not entitle you to a refund or credit for those fees.

• Self-pay: This is a self-pay wellness service. Wellness coaching and brain training are generally not covered by insurance, and you are responsible for all fees.

POSSIBLE BENEFITS

People who complete a full, consistent course of neurofeedback training may notice improvements in attention and focus, emotional regulation, stress and anxiety levels, sleep quality, mental clarity, and a greater sense of calm. Benefits vary a lot from person to person, may show up at different points, and are not guaranteed. Results cannot be predicted before you start, and some people do not see meaningful benefit.

NO GUARANTEE OF RESULTS; WELLNESS DEVICE DISCLAIMER

BrainFit Studio does not guarantee any specific results, outcomes, or benefits from neurofeedback training. The EEG equipment used in this service (the BrainBit devices) is a wellness device. It is not a clinical-grade or FDA-approved or FDA-cleared medical device, and it is not intended to diagnose, treat, cure, or prevent any disease or medical condition. By choosing to use this device and service, you understand and accept that you may experience little or no benefit. While BrainFit Studio uses standard neurofeedback protocols that are supported by published research, research findings vary, the strength of the evidence differs across uses, and individual results vary accordingly. Your decision to take part is made with the full understanding that benefits are possible but not assured.

POSSIBLE SIDE EFFECTS

Neurofeedback is generally considered safe, but some people have temporary side effects, especially early on. These can include mild headache or head pressure, tiredness, trouble falling asleep, short-term increases in anxiety, irritability, or emotional sensitivity, mild dizziness or a "spacey" feeling, vivid dreams or sleep changes, or a temporary worsening of symptoms before improvement. Because you do this remotely and no one is with you to adjust things in real time, it's important to pay attention to how you respond and to report side effects promptly (if you came through BrainFit Studio) so your training can be adjusted. Contact us promptly if you have side effects that are significant or that don't go away.

HEALTH SCREENING AND WHEN THIS MAY NOT BE APPROPRIATE

Neurofeedback may not be appropriate for everyone, including people with active psychosis, a seizure disorder or epilepsy (unless under close medical supervision), or certain other neurological conditions. By signing, you confirm that you have shared any relevant medical or mental health conditions, and you agree to tell us about any new conditions or significant changes while you are using the service. You should not start or continue training against medical advice.

EMERGENCIES AND CRISIS SITUATIONS

This is not an emergency or crisis service, and BrainFit Studio is not available for emergencies and cannot respond in real time to a crisis. If you are having a medical or mental health emergency, including thoughts of harming yourself or others:

• Call 911 or go to your nearest emergency room.

• Call or text 988 (the Suicide and Crisis Lifeline), available 24/7.

• Contact your local emergency or crisis services.

You agree to identify your local emergency resources before starting. If safety concerns come up that cannot be handled appropriately through a remote wellness service, BrainFit Studio may decide this service is not appropriate for you, stop the service, and offer referrals.

LIMITATIONS OF NEUROFEEDBACK

• Not a cure: It teaches self-regulation; it does not cure underlying conditions.

• Not universally effective: Some people see no meaningful benefit even after a full course.

• Requires consistency: Inconsistent use or stopping early usually means little or no lasting benefit.

• Individual variability: How long it takes and how much improvement you see vary widely.

• Not a substitute for medical or mental health care: Do not stop prescribed medication or other care without talking to the provider who prescribed it.

• Developing evidence: Neurofeedback is not FDA-approved for any specific condition.

YOUR RESPONSIBILITY AND USE AT YOUR OWN DISCRETION

You agree to use the equipment and software only as instructed, in a safe and appropriate setting, and you take responsibility for safe and proper use at home without supervision. This matters especially if you bought the service on your own, since you use the equipment and software entirely at your own discretion and outside any coaching relationship. BrainFit Studio is not liable for harm, loss, or damage that results from misuse, not following instructions, using the device against medical advice, or technology failures outside its control.

PRIVACY AND CONFIDENTIALITY

BrainFit Studio respects your privacy and protects the personal and health-related information you share, and follows applicable privacy laws (including HIPAA where it applies). We will not share your information except as you authorize or as the law allows or requires — for example: a reasonable belief of abuse or neglect of a child, elder, or dependent adult; a serious threat of violence against an identifiable person; an imminent danger to yourself; a valid court order; or as needed to process payment.

Third-party software and your data: This service collects, transmits, and stores EEG and related data through third-party software (Divergence, www.divergenceneuro.com, and/or WaveMind Pro). By signing, you consent to the collection, transmission, and storage of your data as needed to provide the service. You understand that data handled by these platforms is also subject to those companies' own privacy and security practices.

Electronic communication: Email and text are not guaranteed to be secure and should be used for scheduling only unless we agree otherwise.

LIMITATION OF LIABILITY AND INDEMNIFICATION

To the fullest extent allowed by law, BrainFit Studio's total liability arising out of or relating to this agreement or the service will not exceed the total fees you paid. BrainFit Studio is not liable for indirect, incidental, or consequential damages. You agree to indemnify and hold harmless BrainFit Studio and Dr. Matthew McKeithan from claims, damages, or expenses arising from your misuse of the equipment or software, your failure to follow instructions or medical advice, or your breach of this agreement, except to the extent caused by BrainFit Studio's own gross negligence or willful misconduct.

YOUR RIGHTS

You have the right to ask questions and get clear answers; to learn about our background and the service; to stop using the service at any time (subject to the fee and equipment-return terms above); to ask that your training be adjusted if you have side effects; to have your personal information handled with care; and to raise any concerns directly with us.

GOVERNING LAW AND OTHER TERMS

This agreement is governed by the laws of the State of South Carolina. [Optional, per your attorney's advice: a dispute-resolution, venue, or arbitration clause.] If any part of this agreement is found unenforceable, the rest stays in full effect.

ACKNOWLEDGEMENT AND AGREEMENT

By signing below, I confirm that I have read and understand this agreement, that I had the chance to ask questions, and that I agree to take part. I specifically understand and agree that:

• This is a wellness coaching and neurofeedback brain-training service, not counseling, therapy, medical care, or telehealth.

• I should follow the recommended six-month program and use the device at least 2–3 times per week.

• I am responsible for the monthly fee for the first four (4) months whether or not I continue.

• The equipment is rented, stays the property of BrainFit Studio, must be returned as required, and I am responsible for the applicable restocking, replacement, and late fees.

• I authorize recurring monthly charges to my card on file through the six-month program (via SimplePractice if I came through BrainFit Studio; via Stripe if I bought on my own).

• Results are not guaranteed, the device is a wellness device and not an FDA-approved medical device, and I may get little or no benefit.

• I understand the emergency steps and that this is not a crisis service.

• If I bought the service on my own, I use the equipment and software at my own discretion and receive no coaching.

SIGNATURES