Web Site Terms of Use
Effective Date: July 13, 2026
Last Updated: July 14, 2026
These Website Terms of Use (“Terms”) govern access to and use of the Onmetrica website, including its pages, content, forms, scheduling functions, membership information, checkout pages, and other website-based features that link to these Terms (collectively, the “Site”).
The Site is owned and operated by Veret Company, LLC, a Florida limited liability company doing business as Onmetrica (“Onmetrica,” “Company,” “we,” “us,” or “our”).
1. Acceptance of Terms
By accessing or using the Site, submitting information through the Site, requesting a demonstration or access code, purchasing a membership, or otherwise interacting with the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Site.
Certain activities may be governed by additional agreements, notices, or policies. These may include:
• the Onmetrica Privacy Policy;
• the Onmetrica Mobile Application Terms;
• the Pilot Participation & Feedback Agreement & Non-Disclosure Terms;
• plan-selection and checkout disclosures;
• professional-use limitations;
• regulatory classification statements; and
• other written agreements presented in connection with a particular service, pilot activity, collaboration, or transaction.
Where an additional agreement expressly applies to a particular activity, that agreement will govern that activity. These Terms will continue to govern general use of the Site.
2. Eligibility And Authority
The Site is intended only for individuals who are at least eighteen years old.
By using the Site, you represent that:
• you are at least eighteen years old;
• you have the legal capacity to accept these Terms;
• the information you provide is accurate and not misleading; and
• your use of the Site complies with applicable laws and professional obligations.
If you access or use the Site on behalf of a business, professional practice, organization, educational institution, or other entity, you represent that you are authorized to bind that entity to these Terms. In that case, “you” also refers to the entity you represent.
3. Purpose of The Site
The Site provides information relating to Onmetrica, the TenTwo Method, and the implementation of the method within the Onmetrica application and related professional workflows.
Site content may include information concerning:
• Onmetrica’s purpose, development, and pilot-stage activities;
• the TenTwo Method and related calibration and reflection concepts;
• Onmetrica application features and intended uses;
• professional participation and membership opportunities;
• application demonstrations and access requests;
• educational articles and methodology-oriented materials;
• product-improvement and feedback activities;
• professional briefings and discussions; and
• potential institutional, educational, or research collaborations that may be conducted separately.
The Site may also allow eligible users to request information, schedule a demonstration, purchase a professional membership, request an application access code, or express interest in optional participation in the Onmetrica Pilot Program.
The Site is not intended to operate as:
• a healthcare provider;
• a medical or mental-health treatment service;
• a crisis-intervention service;
• a medical device;
• an investment platform;
• a crowdfunding portal;
• a securities offering;
• a professional licensing or credentialing authority; or
• a substitute for licensed professional care.
4. Separation of The Site, Application, Membership, and Pilot Program
The following Onmetrica activities are related but legally and operationally distinct:
4.1 Website Use
These Terms primarily govern access to and use of the Site.
4.2 Mobile Application Use
Access to and use of the Onmetrica mobile application are governed by the Onmetrica Mobile Application Terms, applicable privacy disclosures, in-application notices, and any additional terms presented during registration or use.
4.3 Professional Memberships
Paid membership plans provide the participation level, professional communications, briefings, feedback opportunities, or other benefits described on the applicable plan-selection or checkout page.
A membership does not constitute the purchase of the Onmetrica application and does not, by itself, create an unconditional right to application access.
4.4 Application Access
The Onmetrica application may be available for download through third-party application stores. During the current pilot stage, activation and use may require a unique access code issued or approved by Onmetrica.
Application access is currently separate from paid professional memberships unless a specific written offer expressly states otherwise.
4.5 Pilot Program Participation
Participation in the Onmetrica Pilot Program is optional and is governed by the Pilot Participation & Feedback Agreement & Non-Disclosure Terms.
Purchasing a membership, using the Site, requesting a demonstration, downloading the application, or receiving an access code does not automatically enroll a person in the Pilot Program.
5. Pilot-Stage and Development-Stage Nature
Onmetrica is currently improving:
• the Onmetrica application;
• the implementation of the TenTwo Method within the application;
• the usability and presentation of its tools;
• professional and user workflows;
• reports, calibration processes, and related functionality; and
• the manner in which Onmetrica supports structured reflection and professional interaction.
Site descriptions, screenshots, demonstrations, preliminary reports, feature explanations, and other materials may describe pilot-stage or development-stage functionality.
Features, interfaces, reports, terminology, access procedures, participation opportunities, timelines, and membership benefits may be revised as the product and its implementation develop.
The Company does not guarantee:
• uninterrupted availability of the Site or application;
• continued availability of a particular feature;
• a particular release date;
• a specific product-development outcome;
• acceptance into a pilot or professional participation activity;
• compatibility with every device, operating system, practice model, or workflow; or
• any specific personal, professional, clinical, commercial, or business outcome.
The Company may modify, suspend, replace, limit, or discontinue any Site feature, pilot-stage activity, application feature, access process, membership benefit, or related initiative, subject to applicable law and any specific contractual obligations.
6. No Automatic Enrollment In Research
The current Onmetrica Pilot Program is intended primarily to support product improvement, implementation improvement, usability review, and structured feedback.
Unless expressly stated in a separate written consent document, use of the Site, application access, membership participation, or participation in the current Pilot Program does not constitute enrollment in a regulated human-subject research study.
Onmetrica may separately collaborate with universities, research institutions, public agencies, or funding partners on future research activities. Any such research activity will be governed by separate documentation, consent procedures, eligibility requirements, and institutional or regulatory processes, as applicable.
7. Non-Clinical Purpose and Medical Disclaimer
The Site and its content are provided for general informational, educational, professional-development, self-reflection, product-demonstration, and method-implementation purposes.
The Site does not provide:
• medical advice;
• psychiatric advice;
• psychological diagnosis;
• medical diagnosis;
• psychotherapy;
• counseling;
• mental-health treatment;
• crisis intervention;
• medication recommendations;
• emergency services; or
• any other healthcare service.
The Site and its content are not a substitute for evaluation, diagnosis, advice, or treatment by an appropriately qualified healthcare or mental-health professional.
Terms such as “diagnostic,” “evaluation,” “assessment,” “calibration,” “report,” “result,” “pattern,” or similar expressions, when used in connection with Onmetrica, describe internal method-related, reflective, informational, or product functionality. They do not represent a medical, psychiatric, or psychological diagnosis.
Onmetrica does not diagnose, treat, cure, mitigate, or prevent any disease, disorder, or medical or mental-health condition.
Users should not disregard professional advice or delay seeking professional care because of information obtained through the Site.
8. No Emergency or Crisis Use
The Site, its forms, email addresses, membership activities, application access processes, and Pilot Program are not designed for emergencies or crisis situations.
Do not use the Site to report:
• suicidal thoughts or behavior;
• threats of harm;
• abuse requiring immediate intervention;
• medical emergencies;
• psychiatric emergencies; or
• any situation requiring urgent professional or emergency assistance.
In an emergency, contact 911 or the appropriate local emergency service. Individuals experiencing a mental-health crisis in the United States may also contact or text 988.
Onmetrica does not continuously monitor Site submissions and cannot guarantee an immediate response.
9. Professional Users
The Site may be used by psychologists, psychotherapists, counselors, coaches, mentors, consultants, educators, facilitators, and professionals working through CBT, schema therapy, gestalt, integrative, coaching, mentoring, and other approaches.
Onmetrica does not represent that use of the Site, membership participation, or application access:
• qualifies a person to practice any profession;
• satisfies any licensing requirement;
• provides continuing-education credit;
• constitutes professional certification;
• replaces professional training;
• authorizes any particular clinical or professional activity; or
• satisfies supervision requirements imposed by a licensing authority, employer, professional association, or educational institution.
Professional users remain solely responsible for:
• maintaining any required licenses, registrations, insurance, certifications, and qualifications;
• practicing within their lawful scope of practice;
• determining whether Onmetrica is appropriate for a particular professional context;
• obtaining any client or participant notices, permissions, or consents required by law or professional standards;
• protecting client confidentiality;
• independently reviewing and interpreting information;
• making all professional and clinical decisions; and
• complying with applicable ethical, legal, contractual, and recordkeeping obligations.
Onmetrica does not direct or control a professional’s treatment, coaching, mentoring, educational, or advisory decisions.
10. Supervision-Style and Professional Discussions
Certain membership descriptions may refer to “supervision-style” discussions, professional feedback, methodology-oriented communication, selected case discussion, or similar activities.
These expressions describe the format or structure of professional discussion only.
Unless expressly agreed in a separate written professional-services agreement, these activities do not constitute:
• licensed clinical supervision;
• employer-provided supervision;
• supervision required for professional licensure;
• medical consultation;
• legal consultation;
• formal case management;
• certification;
• accreditation;
• continuing-education instruction; or
• a professional opinion on which a participant should exclusively rely.
Participants remain responsible for their own professional judgment and for obtaining any required supervision or consultation from appropriately authorized professionals.
11. Optional Pilot Participation
Participation in the Onmetrica Pilot Program is voluntary and may be subject to:
• eligibility requirements;
• availability;
• an invitation or access code;
• acceptance of the Pilot Participation & Feedback Agreement & Non-Disclosure Terms;
• completion of onboarding requirements;
• compliance with professional or user conduct expectations; and
• continued suitability for the applicable pilot activity.
Pilot participation does not create:
• employment;
• an independent-contractor relationship;
• compensation rights;
• ownership rights;
• intellectual-property ownership in Onmetrica;
• application-development authority;
• governance rights;
• partnership;
• joint venture;
• agency;
• fiduciary duties;
• guaranteed continued participation; or
• guaranteed future access.
Unless separately agreed in writing, pilot participants are not entitled to payment, reimbursement, royalties, revenue participation, equity, or other compensation.
Onmetrica may accept, decline, limit, suspend, or discontinue participation in accordance with the applicable Pilot Participation & Feedback Agreement and applicable law.
12. Feedback and Independent Professional Materials
Onmetrica may invite users or participants to provide comments, observations, suggestions, error reports, workflow recommendations, feature requests, usability input, or other product-related feedback (“Feedback”).
Onmetrica may use product-related Feedback for:
• product improvement;
• application improvement;
• method-implementation improvement;
• usability analysis;
• quality assurance;
• feature planning;
• internal training;
• operational planning; and
• related internal business purposes.
Providing Feedback does not transfer to Onmetrica ownership of a participant’s independently developed professional knowledge or materials.
Nothing in these Terms transfers to Onmetrica ownership of a participant’s:
• pre-existing or independently developed methodologies;
• clinical approaches;
• coaching or mentoring approaches;
• educational materials;
• professional frameworks;
• original concepts;
• diagnostic observations;
• professional know-how;
• practice materials; or
• other independently developed intellectual property.
This protection does not authorize a participant to use or disclose Onmetrica Confidential Information or Onmetrica intellectual property.
Where Feedback is provided as part of the Pilot Program, the Pilot Participation & Feedback Agreement & Non-Disclosure Terms will control in the event of a conflict with this section.
13. Professional Memberships
Onmetrica may offer paid professional membership plans that provide defined levels of professional participation.
Depending on the selected plan, benefits may include:
• structured professional updates;
• scheduled methodology-oriented discussions;
• founder or method-development briefings;
• opportunities to provide product-related feedback;
• selected feedback review;
• selected case-oriented discussion;
• early discussion of implementation developments; and
• other benefits described on the plan-selection or checkout page.
The specific benefits, participation frequency, price, billing frequency, and limitations applicable to a membership will be presented before purchase.
References to a maximum number of monthly discussions, feedback reviews, case discussions, or similar activities describe the maximum participation level available under the plan and remain subject to appropriate scheduling, participant responsiveness, eligibility, professional suitability, and reasonable operational availability.
Membership benefits may not be transferred, resold, shared, sublicensed, or commercially redistributed unless Onmetrica provides written authorization.
14. Founding Circle Name
“Founding Circle” is the name of a professional membership and participation level.
Membership in the Founding Circle does not make a member:
• a founder or co-founder of Onmetrica;
• an owner of Veret Company, LLC;
• a shareholder or equity holder;
• a director or officer;
• an employee;
• a formal advisor;
• a fiduciary;
• a partner or joint venturer;
• an authorized representative of Onmetrica; or
• a person with authority to bind the Company.
Founding Circle membership does not provide voting rights, governance rights, inspection rights, profit participation, revenue participation, royalties, liquidation rights, or rights to Company intellectual property.
15. No Investment or Securities Offering
Membership fees and other payments made through the Site are payments for the membership or participation benefits expressly described at checkout.
No payment made through the Site constitutes:
• an investment;
• a securities purchase;
• a capital contribution;
• a loan to the Company;
• a crowdfunding contribution;
• an equity purchase;
• a profit-sharing arrangement; or
• an expectation of financial return.
Nothing on the Site constitutes:
• an offer to sell securities;
• a solicitation to purchase securities;
• investment advice;
• financial advice;
• a promise of future equity;
• a promise of future fundraising participation; or
• a guarantee of commercial success.
Any future investment, fundraising, grant, university, or institutional activity will be governed by separate documentation and will not arise merely from Site use, membership, application access, or pilot participation.
16. Application Access
The Onmetrica application may be made available through Apple’s App Store, Google Play, or other approved distribution channels.
Downloading the application does not guarantee that a user will be able to activate or use it.
During the current pilot stage:
• a unique access code may be required;
• access codes may be issued through Onmetrica’s customer-relationship or onboarding processes;
• access may depend on eligibility, onboarding, technical compatibility, and acceptance of applicable agreements;
• access codes may be limited, suspended, deactivated, or replaced; and
• certain functions may be modified or unavailable.
Application access is currently provided separately from professional membership fees unless expressly stated otherwise in writing.
A person may be able to download the application but remain unable to access its functions without an active and authorized access code.
17. Subscription Billing and Automatic Renewal
When a user purchases a recurring membership, the user authorizes Onmetrica and its payment processor to charge the selected payment method at the price and billing frequency disclosed at checkout.
Unless otherwise stated at checkout:
• memberships are billed monthly;
• memberships automatically renew at the end of each billing period;
• recurring charges continue until the membership is canceled;
• the payment method on file may be charged without a separate authorization for each renewal; and
• cancellation prevents future renewal charges but ordinarily does not reverse a charge already processed.
Before purchasing a recurring membership, users should review:
• the plan name;
• price;
• billing frequency;
• included participation level;
• renewal terms;
• cancellation instructions; and
• any plan-specific restrictions.
The checkout-page disclosures applicable at the time of purchase are incorporated into these Terms.
18. Cancellation
A user may cancel a recurring membership at any time before the next billing cycle by using an available account or checkout-management function or by contacting support@onmetrica.com.
Cancellation will ordinarily become effective at the end of the then-current paid billing period.
After cancellation:
• no further renewal charge should be processed;
• the user may retain applicable membership benefits through the end of the paid billing period, unless access is terminated for a breach of these Terms;
• membership benefits will end when the paid billing period expires; and
• cancellation does not automatically terminate separately authorized application access or Pilot Program participation.
Users should cancel sufficiently before the renewal date to allow the cancellation request to be processed.
Onmetrica may provide additional cancellation methods or instructions through the Site, checkout process, payment processor, or account-management communications.
19. Refunds
Except as required by applicable law or expressly stated in a written refund policy applicable to a particular transaction:
• membership fees are non-refundable;
• partial billing periods are not prorated;
• unused participation opportunities do not create an automatic refund right;
• failure to use available membership benefits does not create a refund right; and
• cancellation does not retroactively refund charges already processed.
Onmetrica may issue a full or partial refund, credit, or other accommodation at its discretion. Doing so in one instance does not create an obligation to do so in another.
Nothing in this section limits any non-waivable consumer right.
20. Price and Plan Changes
Onmetrica may modify membership prices, plan names, participation levels, included benefits, or billing structures.
Price changes applicable to an existing recurring membership will be communicated before they take effect where required by law.
A user who does not agree to an announced change may cancel the membership before the change becomes effective.
Changes to a membership plan will not create ownership, investment, employment, governance, or intellectual-property rights.
21. Payment Processing
Payments may be processed by third-party payment providers, including Stripe or other providers identified at checkout.
Onmetrica does not ordinarily receive or store complete payment-card credentials. Payment information is handled by the applicable processor in accordance with its own terms and privacy practices.
Users authorize the applicable processor to:
• process initial and recurring payments;
• store payment credentials as permitted by the user and applicable law;
• perform fraud-prevention and verification activities;
• communicate transaction information to Onmetrica; and
• process refunds or credits when authorized.
Onmetrica is not responsible for:
• payment-processor outages;
• a processor’s independent policies;
• declined transactions;
• bank or card-issuer fees;
• inaccurate payment information supplied by the user; or
• delays outside Onmetrica’s reasonable control.
Users are responsible for maintaining accurate and current billing information.
22. Taxes
Prices may exclude applicable sales, use, value-added, or similar taxes unless expressly stated otherwise.
Users are responsible for taxes, duties, or governmental charges associated with their purchase, except for taxes imposed on Onmetrica’s net income.
Onmetrica or its payment processor may collect applicable taxes when required.
23. Accounts, Access Codes, and Security
Certain Site or application functions may require registration, an invitation, an account, or a unique access code.
Users must:
• provide accurate information;
• keep credentials and access codes confidential;
• prevent unauthorized use;
• notify Onmetrica of suspected unauthorized access;
• use only credentials issued or authorized for them; and
• comply with applicable onboarding and security requirements.
Users may not:
• sell or transfer an access code;
• share credentials with unauthorized persons;
• impersonate another user;
• create accounts using false information;
• circumvent eligibility or access restrictions;
• attempt to reactivate a deactivated code without authorization; or
• use another person’s account or access code.
Users are responsible for activity conducted through their credentials to the extent permitted by law.
24. Acceptable Use
Users may use the Site only for lawful purposes and in accordance with these Terms.
Users may not:
• violate applicable law or regulation;
• use the Site to provide emergency or crisis services;
• present Onmetrica output as a medical or psychiatric diagnosis;
• misrepresent Onmetrica as providing healthcare treatment;
• reproduce, copy, publish, distribute, sell, or commercialize protected Site content without authorization;
• copy or imitate the TenTwo Method or Onmetrica’s proprietary visual systems in violation of applicable intellectual-property rights;
• reverse engineer, decompile, disassemble, scrape, or attempt to derive the operation or structure of nonpublic systems;
• use automated systems to extract Site content without written authorization;
• introduce malware or harmful code;
• interfere with the Site’s security or operation;
• probe or test vulnerabilities without authorization;
• bypass access controls;
• submit false, deceptive, defamatory, infringing, or unlawful material;
• collect information about other users without authorization;
• use the Site to harass or harm another person;
• disclose Onmetrica Confidential Information;
• falsely claim endorsement, partnership, employment, certification, or affiliation with Onmetrica;
• use Onmetrica’s name or branding in a misleading manner; or
• use the Site in a manner that may damage Onmetrica, its users, professionals, partners, or service providers.
25. Intellectual Property
The Site and its content are owned by or licensed to Veret Company, LLC and are protected by applicable copyright, trademark, trade-secret, unfair-competition, and other intellectual-property laws.
Protected materials may include:
• the Onmetrica name and branding;
• TenTwo Method materials;
• calibration and reflection frameworks;
• proprietary visual structures;
• reports and report formats;
• text;
• graphics;
• diagrams;
• interfaces;
• application screenshots;
• educational materials;
• articles;
• videos;
• presentations;
• software-related descriptions;
• design elements; and
• nonpublic pilot or development materials.
Except for the limited right to access and use the Site in accordance with these Terms, no right, title, license, or ownership interest is granted to users.
Users may not use Onmetrica trademarks, logos, trade names, or confusingly similar identifiers without prior written permission.
26. Limited Personal Use License
Subject to compliance with these Terms, Onmetrica grants users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use publicly available Site content for personal informational or internal professional-evaluation purposes.
This license does not authorize users to:
• reproduce substantial portions of the Site;
• create derivative commercial materials;
• teach or certify others in Onmetrica’s proprietary method;
• remove copyright or proprietary notices;
• build a competing product using protected Site content;
• use Site materials for model training or automated data extraction;
• publish nonpublic pilot materials; or
• commercially exploit Site content.
27. User Submissions
Users may submit information through contact forms, access requests, scheduling forms, surveys, membership forms, or other Site functions.
Users represent that:
• they have the right to submit the information;
• the information is accurate to the best of their knowledge;
• the submission does not violate another person’s rights;
• the submission does not contain unlawful material; and
• the submission does not contain confidential client information unless Onmetrica has expressly provided an authorized channel for that purpose.
Users grant Onmetrica a limited right to receive, store, process, review, and use the submission as reasonably necessary to:
• respond to the user;
• administer a request;
• provide a demonstration;
• process a membership;
• evaluate eligibility;
• provide support;
• improve Site operations; or
• comply with law.
Onmetrica will not publicly use a person’s name, likeness, testimonial, or identifiable professional endorsement without appropriate authorization.
28. Confidential And Nonpublic Information
Publicly available Site content is not confidential merely because it concerns Onmetrica.
However, users may receive access to nonpublic information through a demonstration, Pilot Program, professional briefing, membership activity, feedback discussion, or other restricted interaction.
Nonpublic information may be protected by:
• the Pilot Participation & Feedback Agreement & Non-Disclosure Terms;
• a separate confidentiality agreement;
• access notices;
• copyright law;
• trade-secret law; or
• other applicable obligations.
Users must not copy, disclose, publish, record, distribute, or use protected nonpublic information except as expressly authorized.
29. Privacy Policy
Collection, use, retention, and disclosure of personal information through the Site are governed by the Onmetrica Privacy Policy, which is incorporated into these Terms by reference.
Users should review the Privacy Policy before submitting information.
The Privacy Policy may differ from privacy disclosures applicable specifically to the Onmetrica application or a separately administered research activity.
30. HIPAA and Sensitive Health Information
The Site, including its general contact forms, demonstration requests, membership forms, and support email address, is not offered as a channel for transmitting protected health information or confidential client records.
Unless Onmetrica expressly enters into a separate written agreement providing otherwise, use of the Site does not establish that Onmetrica is acting as a HIPAA business associate for a user or professional practice.
Users must not submit through general Site forms or ordinary email:
• medical records;
• psychotherapy notes;
• protected health information;
• identifiable client case files;
• insurance information;
• highly sensitive medical information;
• crisis-related information; or
• information concerning another person that the user is not authorized to disclose.
Professional users remain responsible for determining whether a particular communication method is appropriate for information subject to HIPAA, state privacy laws, professional confidentiality duties, contractual restrictions, or ethical requirements.
The Onmetrica application and any designated professional workflow may be subject to separate privacy, security, and data-use terms.
31. Third-Party Services and Links
The Site may include or link to third-party services, including:
• payment processors;
• scheduling providers;
• customer-relationship management platforms;
• analytics providers;
• video-conferencing providers;
• application stores;
• social-media services;
• email providers; and
• external websites or resources.
Third-party services are governed by their own terms and privacy policies.
Onmetrica does not control and is not responsible for:
• third-party content;
• third-party availability;
• external security practices;
• independent data collection;
• third-party representations;
• external products or services; or
• losses caused by a third party outside Onmetrica’s reasonable control.
A link or integration does not necessarily constitute endorsement.
32. Electronic Communications
By using the Site or providing contact information, users consent to receive electronic communications reasonably related to:
• access requests;
• account or membership administration;
• billing;
• demonstrations;
• support;
• security;
• policy changes;
• pilot participation;
• application availability; and
• other requested interactions.
Operational and transactional communications may be required to administer a user’s request or membership.
Marketing communications, where sent, will be subject to applicable law and available opt-out rights.
Users are responsible for maintaining an accurate email address and reviewing communications sent by Onmetrica.
33. Suspension and Termination
Onmetrica may restrict, suspend, or terminate access to the Site, membership activities, application access processes, or related services where reasonably necessary because of:
• violation of these Terms;
• violation of an applicable separate agreement;
• unauthorized use;
• security concerns;
• suspected fraud;
• nonpayment;
• unlawful conduct;
• misuse of confidential information;
• professional or participant misconduct;
• risk to another person;
• technical or operational requirements; or
• discontinuation of an activity.
Where practicable and appropriate, Onmetrica may provide notice or an opportunity to address the issue. Immediate action may be taken when necessary to protect users, the Company, confidential information, intellectual property, systems, or third parties.
Termination does not eliminate obligations that, by their nature, should survive, including obligations concerning confidentiality, intellectual property, payment, disclaimers, limitation of liability, indemnification, and dispute resolution.
34. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL SITE CONTENT, MEMBERSHIP INFORMATION, DEMONSTRATIONS, PILOT-STAGE MATERIALS, AND RELATED WEBSITE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ONMETRICA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:
• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• COMPLETENESS;
• AVAILABILITY;
• SECURITY;
• RELIABILITY;
• PROFESSIONAL SUITABILITY;
• RESULTS; AND
• UNINTERRUPTED OR ERROR-FREE OPERATION.
ONMETRICA DOES NOT WARRANT THAT:
• THE SITE WILL ALWAYS BE AVAILABLE;
• ALL CONTENT WILL BE CURRENT OR ERROR-FREE;
• DEFECTS WILL BE CORRECTED IMMEDIATELY;
• THE SITE WILL BE COMPATIBLE WITH EVERY SYSTEM;
• A USER WILL BE ACCEPTED INTO A PILOT ACTIVITY;
• AN ACCESS CODE WILL BE ISSUED;
• MEMBERSHIP PARTICIPATION WILL PRODUCE A PARTICULAR RESULT; OR
• USE OF ONMETRICA WILL IMPROVE A PARTICULAR PERSONAL, PROFESSIONAL, CLINICAL, OR BUSINESS OUTCOME.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.
35. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONMETRICA AND ITS AFFILIATES, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY:
• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• SPECIAL DAMAGES;
• EXEMPLARY OR PUNITIVE DAMAGES;
• CONSEQUENTIAL DAMAGES;
• LOST PROFITS;
• LOST REVENUE;
• LOST BUSINESS OPPORTUNITIES;
• LOSS OF DATA;
• BUSINESS INTERRUPTION;
• REPUTATIONAL HARM;
• EMOTIONAL DISTRESS;
• PROFESSIONAL DECISION;
• CLIENT OUTCOME;
• RELIANCE ON SITE CONTENT; OR
• UNAUTHORIZED THIRD-PARTY ACT.
This limitation applies whether a claim arises in contract, tort, negligence, strict liability, statute, or another legal theory, even if the possibility of damage was known.
To the maximum extent permitted by law, Onmetrica’s total aggregate liability arising from or relating to the Site or a Site-purchased membership will not exceed the greater of:
• one hundred U.S. dollars; or
• the amount the claimant paid directly to Onmetrica for the applicable Site-based membership during the six months immediately preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot lawfully be limited or excluded.
36. User Decisions and Outcomes
Users remain solely responsible for decisions made in reliance on Site content, demonstrations, discussions, reports, descriptions, or membership activities.
Onmetrica is not responsible for:
• a user’s medical or mental-health decisions;
• a professional’s treatment or coaching decisions;
• interpretation of Onmetrica-related information;
• communication between a professional and client;
• a user’s failure to obtain appropriate professional assistance;
• professional licensing or ethical compliance;
• business decisions; or
• results attributed to use or non-use of Onmetrica.
37. Indemnification
To the extent permitted by law, users agree to defend, indemnify, and hold harmless Onmetrica and its affiliates, officers, managers, employees, contractors, licensors, and representatives from claims, liabilities, damages, judgments, losses, and reasonable expenses arising from:
• the user’s unlawful use of the Site;
• material violation of these Terms;
• violation of an applicable separate agreement;
• infringement of another person’s rights;
• unauthorized disclosure of confidential or client information;
• false or misleading information submitted by the user;
• misuse of Onmetrica materials;
• professional services provided by the user; or
• conduct undertaken through the user’s account or credentials.
Onmetrica may control the defense of a covered claim, and the user agrees to provide reasonable cooperation. The user may not settle a claim in a manner that imposes liability, admission, or obligation on Onmetrica without written consent.
38. Changes to The Site and Terms
Onmetrica may revise the Site and these Terms as its services, memberships, application, legal obligations, and pilot-stage activities develop.
The “Last Updated” date identifies the most recent revision.
Material changes may be communicated through:
• a Site notice;
• email;
• an account notice;
• a checkout notice; or
• another reasonable communication method.
Unless otherwise stated, revised Terms become effective when posted.
Continued use of the Site after the effective date of revised Terms constitutes acceptance of those Terms. Changes to recurring billing or existing paid membership obligations will be handled in accordance with applicable law and applicable checkout disclosures.
39. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
40. Jurisdiction and Venue
Subject to any non-waivable legal rights, any dispute arising from or relating to the Site or these Terms must be brought exclusively in the state or federal courts located in Palm Beach County, Florida.
Each party consents to the personal jurisdiction and venue of those courts.
Before filing a claim, the parties are encouraged to attempt in good faith to resolve the matter through written communication, except where immediate relief is reasonably necessary.
41. Injunctive Relief
Unauthorized use or disclosure of Onmetrica’s intellectual property, confidential information, access credentials, or nonpublic materials may cause harm that cannot be adequately remedied by monetary damages.
Onmetrica may seek temporary, preliminary, or permanent injunctive or equitable relief in addition to other available remedies.
42. Assignment
Users may not assign or transfer their rights or obligations under these Terms without Onmetrica’s prior written consent.
Onmetrica may assign or transfer these Terms in connection with:
• a merger;
• reorganization;
• financing;
• sale of assets;
• transfer of the Onmetrica business;
• change of control; or
• transfer to an affiliate or successor.
43. Severability
If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.
44. Waiver
Failure to enforce a provision of these Terms does not waive the right to enforce that provision or any other provision later.
A waiver is effective only when made in writing by an authorized representative of Onmetrica.
45. Entire Agreement and Order of Precedence
These Terms, together with the Privacy Policy and any additional agreement expressly applicable to a particular activity, constitute the agreement governing use of the Site.
In the event of a conflict:
• plan-selection and checkout disclosures control the applicable price, billing frequency, and specifically included membership benefits;
• the Onmetrica Mobile Application Terms control use of the mobile application;
• the Pilot Participation & Feedback Agreement & Non-Disclosure Terms control Pilot Program participation, pilot feedback, and applicable confidentiality obligations;
• a separately executed written agreement controls the activity expressly covered by that agreement; and
• these Terms control general use of the Site.
46. No Third-Party Beneficiaries
Except as expressly stated, these Terms do not create rights for any third party.
47. Headings
Section headings are provided for convenience and do not affect interpretation.
48. Contact Information
Questions concerning these Terms may be directed to:
Veret Company, LLC, DBA Onmetrica
700 S. Rosemary Avenue, Suite 204
West Palm Beach, Florida, 33401
United States
Email: support@onmetrica.com