Terms of Service

1. Operator, scope, and agreement

These Terms govern services offered by Mark Henick Mental Health Media through markhenick.com, including the client portal, Academy, What's Your Story? (WYS), Presence, and related digital resources. "We", "us", and "our" refer to that operator, based in Toronto, Ontario, Canada. "You" refers to the person using a service or the organization they are authorized to represent.

Please read these Terms before using a service or placing an order. When presented with an acceptance control, selecting it forms your agreement to the identified version. Do not use restricted services if you do not agree to their applicable terms. Merely receiving a marketing email does not create a paid contract.

A separately signed engagement agreement or clearly disclosed product-specific agreement takes precedence for that engagement or product if it conflicts with these Terms. The Privacy Policy explains personal-information handling; it is not a waiver of privacy rights or blanket consent to optional processing.

2. Rights that remain protected

Nothing in these Terms excludes a right, remedy, warranty, or liability that applicable law does not allow us to exclude. Mandatory consumer protections, statutory cancellation and refund rights, privacy rights, and access to courts or regulators continue to apply. If a provision conflicts with those rights, the law prevails to the extent of the conflict.

These Terms do not impose mandatory arbitration, waive a consumer's right to participate in a class proceeding where protected by law, or prevent an honest review or a lawful complaint. The liability and indemnity provisions below must be read with these protections.

3. Accounts and authorized access

Account-based services are intended for people who have reached the age of majority where they live, unless a particular program expressly allows younger participants with appropriate authorization. You must have authority to bind any organization on whose behalf you act. Access to invitation-only, paid, or administrative services requires the corresponding permission; a waitlist signup is not permission.

Provide accurate account and billing information, protect your credentials and access codes, and promptly report suspected unauthorized use. Do not transfer, resell, or share access beyond the seats or permissions you purchased or were granted. You are responsible for your authorized users and for your own misuse, but not automatically liable for every unauthorized act regardless of circumstances.

4. Education, not health care or crisis support

The site, Academy, Presence, assessments, exercises, writing prompts, and AI assistance provide education, creative support, and general wellbeing information. They do not diagnose, treat, prescribe, provide psychotherapy, or establish a clinician-patient relationship. They are not a substitute for individual advice from a qualified professional. Do not delay or stop appropriate care because of site content.

Reflections, journals, and messages are not continuously monitored for emergencies. If there is immediate danger, call 911 in Canada or the United States, or your local emergency number elsewhere. In Canada, call or text 9-8-8 or visit 988.ca. In the United States, call or text 988 or visit 988lifeline.org.

Choose activities appropriate to your circumstances. Stop if an exercise or audio experience causes distress, dizziness, or discomfort, and seek appropriate support. Do not use immersive audio, eyes-closed meditation, or attention-demanding activities while driving or operating equipment. Use a comfortable volume. We do not promise a particular therapeutic, learning, employment, publishing, or financial result.

5. Purchases, bookings, and payments

An inquiry, quote request, sales chat, or AI-generated suggestion is not a confirmed booking. Speaking, training, and consulting engagements are confirmed under a written agreement and any deposit requirements stated in it. That agreement controls scope, fees, travel, deliverables, recording permissions, cancellation, and rescheduling for the engagement.

The site's checkout is currently disabled. Follow the payment arrangements identified in your engagement agreement. For any separately offered digital purchase, review the product, access period, total price, currency, taxes, and renewal or cancellation terms before paying. A recurring subscription must be identified as recurring before you authorize it; these Terms alone do not authorize recurring charges.

Product-specific refund policies apply only to the extent consistent with mandatory law. There is no blanket "all sales final" rule in these Terms. Contact support@markhenick.com about a payment error, unavailable paid service, cancellation, or refund. Nothing requires you to waive a lawful chargeback or statutory remedy.

6. Our content and your permitted use

We and our licensors retain rights in the site's original text, media, course materials, software, branding, and other protected expression. References to the HEAR and NICE frameworks do not claim ownership of ideas or facts that copyright law does not protect.

Subject to your applicable access rights, we grant a limited, non-exclusive, non-transferable licence to use the services and download materials expressly offered for your personal learning or the internal purpose identified in your purchase or engagement agreement. This does not authorize resale, public redistribution, commercial training delivery, impersonation, or removal of rights notices. Fair dealing and other rights provided by law remain unaffected.

Press assets, client deliverables, and expressly licensed resources may have additional permissions identified with them. Ask us before using materials outside those permissions.

7. Your manuscripts, files, and submissions

You retain your rights in manuscripts, journals, research, recordings, images, and other material you supply ("Your Content"). Uploading a book does not transfer its copyright to us, make it public, or authorize us to sell it.

You grant us a non-exclusive licence, limited to operating the service for you, to host, store, reproduce, transmit, format, back up, and process Your Content, including through providers and AI features you request, and to share it with people you authorize. The licence lasts only as needed for those purposes and lawful retention described in the Privacy Policy. It is not a general publishing, advertising, or model-training licence.

You must hold the rights and permissions needed to upload material, process it, and share it with the people or services you choose. Do not submit another person's confidential information, copyrighted work, likeness, or voice without a lawful basis. You remain responsible for reviewing claims, quotations, citations, permissions, and third-party rights before publication.

Submitting a personal story for consideration is not automatic permission to publish it; publication requires the permission or release applicable to that submission. Voluntary product feedback may inform improvements, but giving feedback does not assign your private creative work. Keep independent backups of material important to you.

8. AI assistance and automated outputs

AI and automated tools can produce inaccurate, incomplete, biased, duplicated, or fabricated material, including references and quotations. Outputs may resemble material produced for other people and may not qualify for copyright protection. They are not professional advice or a guarantee of originality, clearance, factual accuracy, or confidentiality beyond the applicable service arrangements.

Review outputs before relying on or publishing them. Verify sources and seek qualified advice for decisions involving health, safety, legal rights, money, or another person's reputation. WYS analysis can process the complete manuscript, not just a visible excerpt; see the AI processing notice before requesting it. Do not upload material subject to restrictions that the service cannot meet.

Any rights we hold in an output specifically generated for you are available for your permitted use of that output, subject to provider terms, underlying third-party rights, and your service agreement. We do not warrant that we can grant rights that neither we nor you own.

9. Academy, Presence, and collaboration

Academy progress and certificates record participation or completion as described for the course. Unless expressly stated and substantiated for a particular credential, they are not professional licences, regulated qualifications, clinical assessments, or accreditation. Do not falsify completion records or share certificate links in a misleading way.

WYS project permissions let you invite reviewers or collaborators. Choose recipients carefully: they may see the material made available to their role and can retain copies they receive. Revoking access does not recall exported copies. Private tools and Presence activities are not emergency monitoring or guaranteed archival services.

Preview and invitation-only features may change, have limits, or become unavailable. A preview does not promise a launch date, permanent free access, or future functionality. Paid commitments and non-excludable rights are not removed by describing a feature as a preview.

10. Acceptable use

Do not use the services to break the law, infringe rights, harass or exploit others, distribute malicious code, send unsolicited messages, misrepresent identity, or publish unlawful material. Do not bypass authentication, quotas, payment controls, or project permissions; access another person's data; extract private content; or deliberately overload or interfere with the service.

Do not scrape or reproduce protected material at scale or use our protected content to build a competing dataset or train a model without permission, except where applicable law permits the activity. This restriction does not transfer rights in Your Content to us. Report suspected vulnerabilities privately to support@markhenick.com rather than exploiting or disclosing personal information.

11. External services and links

Authentication, hosting, AI, payments, communications, and media can depend on outside providers. Independent websites and services have their own terms and privacy practices. A link does not necessarily constitute endorsement, and we cannot control their content or availability. Our own legal responsibilities for providers acting on our behalf are not excluded by this paragraph.

12. Communications and notices

Newsletter and launch-list choices are separate from acceptance of these Terms. We send marketing communications based on the permission or other lawful basis applicable to that communication, with an unsubscribe option. Necessary service messages may still be sent while an account, order, or engagement remains active.

We may send account and contractual notices to the contact address you supplied or through the relevant service, subject to applicable delivery requirements. Keep your details current. General legal and service questions can be sent to support@markhenick.com.

13. Availability, suspension, and ending service

We may maintain, change, or discontinue functionality, apply reasonable usage limits, or restrict access when needed to address a material breach, fraud, security risk, unlawful conduct, or legal obligation. Where reasonably practicable and lawful, we will explain the reason and provide an opportunity to resolve it. Urgent protective action may occur without advance notice.

You may stop using a service and request account closure. Ending access does not erase an accrued payment obligation or override a refund, access, export, or deletion right. For a material withdrawal of a paid service, we will address remaining paid obligations and any required remedy under the applicable agreement and law. We cannot guarantee an export window in an emergency, so keep independent backups.

14. Service qualifications

Except for express commitments in an applicable agreement and rights that cannot lawfully be excluded, services and content are provided "as is" and "as available". To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, that every defect will be corrected, or that every result will meet your objectives.

This clause does not remove a statutory requirement to provide services of reasonably acceptable quality or any other non-excludable obligation.

15. Important limits on liability

Subject to the exceptions below and to the maximum extent permitted by law, we and our personnel will not be liable for indirect, special, incidental, consequential, or punitive damages, or lost profits, revenue, anticipated savings, goodwill, or business opportunities arising from the services, whether the claim is framed in contract, tort, or otherwise.

Subject to the same exceptions, our aggregate liability for claims arising from the same or related events is limited to the greater of CAD $100 and the amount you paid us for the affected service in the 12 months before the event giving rise to the claim. A liability arrangement in a separately signed agreement takes precedence for that agreement.

These exclusions and caps do not apply to fraud, wilful misconduct, gross negligence, or any liability or remedy that cannot lawfully be limited, including applicable statutory consumer and privacy rights. They do not excuse a refund legally owed. We do not claim immunity from responsibility for our own conduct. These provisions allocate permissible commercial risks and do not guarantee that a court will enforce a limit in every circumstance.

16. Business-user indemnity

If you use a service for business or organizational purposes rather than as a consumer, you agree, to the extent permitted by law, to indemnify Mark Henick Mental Health Media and its personnel against third-party claims, damages, and reasonable legal costs to the extent caused by your unlawful use, your material breach of these Terms, or an infringement of third-party rights in content you supply or direct us to publish.

This indemnity does not cover loss caused by our own breach, negligence, wilful misconduct, or unlawful conduct. We must notify you promptly of a claim, allow you to control a reasonable defence with qualified counsel, and cooperate at your reasonable expense. We may participate at our own expense. Neither party may settle in a way that admits fault for, imposes non-monetary obligations on, or fails to release the other without that party's written consent, not to be unreasonably withheld.

This is not an unlimited consumer indemnity. Consumers remain responsible only to the extent provided by applicable law and otherwise enforceable obligations.

17. Applicable law and disputes

Ontario law and the federal laws of Canada applicable there govern these Terms, subject to mandatory protections that apply where you live. Subject to those protections, the courts of Ontario have jurisdiction. Nothing prevents you from using a court, tribunal, regulator, or complaint process available under mandatory law.

Please contact support@markhenick.com so we have an opportunity to address a concern. Doing so is not a mandatory prerequisite to a statutory remedy and does not shorten or extend a legal limitation period.

18. Changes and general provisions

We may revise these Terms for future use and will identify the revision date. Material changes to an existing contractual service require appropriate notice and, where necessary, your agreement before they apply. We do not retroactively remove accrued rights merely by updating this page. If you do not accept a proposed change, contact us about ending the affected service subject to your existing agreement and legal rights.

If a provision is unenforceable, the remaining provisions continue only to the extent they can lawfully operate without it. A failure to enforce a provision is not a general waiver. Neither party may use an assignment to defeat the other's mandatory rights. Provisions concerning accrued obligations, ownership, lawful retention, disputes, and permissible liability allocation survive termination to the extent relevant.

These Terms and the applicable expressly agreed service documents form the agreement for their subject matter. They do not exclude liability for misrepresentation where that liability cannot lawfully be excluded. Contact: Mark Henick Mental Health Media, Toronto, Ontario, Canada, at support@markhenick.com.