Terms of Use

1. Agreement and Company Identity

Shiftnology is a trade name and DBA of Archaxis Ltd. Company, a New Mexico limited liability company based in Mesilla, New Mexico. In these Terms, “Shiftnology,” “Archaxis,” “we,” “us,” and “our” mean Archaxis Ltd. Company doing business as Shiftnology.

These Terms of Use (“Terms”) govern your access to and use of the Shiftnology website, web-based features, applications, emails, downloads, training materials, accounts, and related products and services that link to these Terms (together, the “Service”). By accessing or using the Service, submitting a form, creating an account, requesting a download, or purchasing a Shiftnology offering, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service for a company or other organization, you represent that you have authority to bind that organization, and “you” includes both you and the organization.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Service. The Service is offered from the United States. You are responsible for following the laws that apply where you use it.

3. The Shiftnology Service

Shiftnology provides educational content, creator-state training, exercises, resources, communications, and related tools intended to help adults notice and replace unproductive attention, conflict, or competition loops with creative action. Features may change, and some features may be experimental, limited, or offered only to selected participants.

Shiftnology is not medical care, psychotherapy, mental-health treatment, diagnosis, counseling, or an emergency service. The Service does not replace advice or care from a qualified professional. Do not delay or disregard professional care because of Shiftnology content. If you may be in danger or experiencing an emergency, contact local emergency services.

Shiftnology does not promise that you will change a habit, improve a relationship, achieve a business result, or obtain any particular outcome. Results depend on many factors outside our control, including your circumstances, choices, effort, and use of the material.

4. Accounts and Communications

If an account is available, you must provide accurate information, keep your credentials secure, and promptly notify us of suspected unauthorized use. You are responsible for activity under your account to the extent permitted by law.

When you request a resource, join a newsletter, or ask us to contact you, you consent to receive the messages needed to fulfill that request. You may opt out of promotional email, but we may still send non-promotional account, transaction, support, security, or legal messages.

5. Acceptable Use

You may not:

• use the Service for an unlawful, fraudulent, abusive, or harmful purpose;
• interfere with the Service or another person’s use of it;
• probe, scan, bypass, or defeat access controls or security measures;
• introduce malware or use automated means to scrape, extract, or overload the Service without our written permission;
• impersonate another person or misrepresent your identity or authority;
• infringe intellectual-property, privacy, publicity, or other rights;
• copy, resell, sublicense, publish, or commercially exploit the Service or its content except as these Terms expressly allow; or
• use the Service to develop or train a competing product, model, dataset, or service without our written permission.

6. Ownership and Limited License

The Service, including its text, training methods, exercises, designs, software, downloads, trademarks, and other content, is owned by Archaxis or its licensors and is protected by law. Subject to these Terms, Archaxis grants you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use. No ownership right is transferred to you.

If a download includes separate license terms, those terms control for that download. You may make a reasonable personal copy of a worksheet or resource, but you may not distribute, sell, publish, or remove proprietary notices from it.

7. Your Submissions and Feedback

You keep ownership of material you submit. You give Archaxis a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and use that material only as reasonably needed to operate the Service, respond to you, and fulfill your request. You represent that you have the rights needed to submit it.

If you voluntarily provide product ideas or feedback, you allow Archaxis to use them without restriction or compensation, but we will not publicly identify you as the source without permission. Do not submit confidential business information, medical records, government identifiers, financial account details, or other highly sensitive information through public forms.

8. Paid Services

If we offer a paid product, subscription, or service, the price, billing schedule, cancellation terms, refund policy, and any additional terms will be shown at purchase or in a separate written agreement. You authorize the applicable charges when you complete a purchase. Except where the purchase terms or law provide otherwise, fees are non-refundable once the product or service has been delivered or made available.

If separate purchase terms, a proposal, or a written service agreement conflicts with these Terms, the more specific agreement controls for that purchase or engagement. Any different dispute-resolution provision controls only if it expressly says that it replaces Section 15 of these Terms.

9. Third-Party Services and App Marketplaces

The Service may link to or depend on third-party hosting, email, payment, content, device, or app-marketplace services. Third parties control their own services, terms, availability, and privacy practices. Archaxis is not responsible for third-party services and does not endorse every linked resource.

If you obtain an app through an app marketplace, the marketplace’s terms also apply. To the extent required by those terms, the marketplace is not responsible for the Shiftnology Service, support, claims, or maintenance, and may be a third-party beneficiary of this section.

10. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” Archaxis disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.

We do not warrant that content is complete or suitable for your situation, that files or communications will always be available or secure, or that defects will be corrected. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

11. Limitation of Liability

To the fullest extent permitted by law, Archaxis and its members, managers, employees, contractors, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, data, goodwill, or opportunities; or the cost of substitute services arising from or related to the Service or these Terms, even if advised that such loss was possible.

To the fullest extent permitted by law, the total liability of Archaxis and those related parties for all claims arising from or related to the Service or these Terms will not exceed the greater of (a) the amount you paid to Archaxis for the Service giving rise to the claim during the 12 months before the event or (b) $100. These limits apply regardless of the legal theory and do not limit liability that cannot lawfully be limited.

12. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Archaxis and its members, managers, employees, contractors, and agents from third-party claims, damages, losses, and reasonable costs arising from your unlawful use of the Service, your material breach of these Terms, or material you submit that violates another person’s rights. Archaxis will provide reasonable notice and may control the defense. This section does not require you to indemnify a party for its own fraud, gross negligence, willful misconduct, or other conduct that cannot lawfully be indemnified.

13. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate access when reasonably necessary to protect the Service or others, respond to legal requirements, address nonpayment, or enforce these Terms. Provisions that by their nature should survive will survive, including ownership, disclaimers, liability limits, indemnity, dispute resolution, and general terms.

14. Informal Dispute Resolution

Before starting arbitration, the claimant must send the other party an individualized written Notice of Dispute describing the claimant’s name and contact information, the facts and legal basis of the dispute, and the relief requested. Send a notice to Archaxis through the contact page with the subject “Notice of Dispute.” We will respond with any additional delivery instructions needed for formal notice.

The parties will try in good faith to resolve the dispute for 30 days after receipt of a complete notice. Either party may start arbitration after that period if the dispute remains unresolved. Any applicable limitations period will be suspended during this 30-day process. This informal process is a condition precedent to arbitration, but either party may seek urgent temporary relief where delay would cause immediate and irreparable harm.

15. Binding Arbitration and Class Action Waiver

Agreement to Arbitrate

To the fullest extent permitted by law, every dispute, claim, or controversy between you and Archaxis arising out of or relating to the Service, these Terms, the Privacy Policy, a communication, a purchase, or the parties’ relationship—including claims arising before these Terms—will be resolved only by final and binding arbitration on an individual basis, except for the limited court matters stated below.

This arbitration agreement covers claims under contract, tort, statute, regulation, common law, equity, or any other legal theory. The arbitrator has exclusive authority to resolve disputes about the interpretation, scope, formation, enforceability, or application of this arbitration agreement, except that a court will decide any dispute about the class-action waiver or a request for public injunctive relief that applicable law requires a court to decide.

AAA Rules and Process

The arbitration will be administered by the American Arbitration Association (“AAA”). If you use the Service primarily for personal, family, or household purposes, the AAA Consumer Arbitration Rules and Mediation Procedures will apply. For other disputes, the AAA Commercial Arbitration Rules and Mediation Procedures will apply. The applicable AAA rules, as modified by these Terms, are incorporated into this agreement.

A party begins arbitration by submitting a demand to the AAA after completing Section 14. A single neutral arbitrator will decide the dispute. The arbitrator may award the same individual damages and other individual relief a court could award, but only to resolve the claimant’s individual claim. The award will be final and binding, subject to the limited review allowed by law, and judgment on the award may be entered in a court with jurisdiction.

Hearings may occur by telephone, video, written submissions, or in person as the applicable rules allow. Unless applicable law or the AAA Consumer Rules give you the right to another location or format, any in-person arbitration hearing will take place in Las Cruces, Doña Ana County, New Mexico. Fees and costs will be allocated under the applicable AAA rules, and Archaxis will pay any amount it is required to pay under those rules or applicable law.

If the AAA is unavailable or declines to administer a dispute despite the parties’ compliance with this agreement, the parties will make a good-faith effort to select a substitute arbitration provider. If they cannot agree, a court with jurisdiction may appoint an arbitrator or provider as permitted by law. The parties do not agree to court litigation merely because the AAA is unavailable.

Jury and Class-Action Waivers

You and Archaxis waive the right to have a judge or jury decide a covered dispute. You and Archaxis also waive the right to bring, join, or participate in any class, collective, consolidated, mass, private-attorney-general, or representative action. The arbitrator may decide only individual claims and may not combine claims or award relief for anyone other than the individual claimant without every affected party’s written consent.

Limited Court Matters

Either party may bring an individual claim in small claims court if the claim qualifies and remains only in that court. Either party may ask a court for temporary or preliminary relief needed to protect intellectual property, confidential information, personal data, or system security while arbitration is pending. A court may also decide or enforce matters that the Federal Arbitration Act or other applicable law expressly requires a court to decide, including compelling arbitration, confirming or challenging an award, or deciding an unenforceable request for public injunctive relief. These limited proceedings do not waive arbitration of any other claim.

What Arbitration Means

Arbitration uses a neutral arbitrator instead of a judge or jury. It is usually less formal than court and has limited judicial review. It generally keeps the merits of a dispute out of public court, but complete confidentiality is not guaranteed. Court filings related to arbitration, small claims matters, and information the law requires to be disclosed may become public.

Severability and Survival

If a part of this arbitration agreement is unenforceable, it will be severed and the rest will remain effective to the fullest extent permitted by law. If the waiver of class, collective, consolidated, mass, or representative actions is unenforceable for a particular claim or request for relief, that claim or request will be decided by a court only after all arbitrable claims are completed; it will not proceed in class or representative arbitration. This Section 15 survives termination of these Terms and your relationship with Archaxis.

16. Governing Law and Exclusive Court Venue

The Federal Arbitration Act governs the interpretation and enforcement of Section 15. New Mexico law governs these Terms and all disputes to the extent federal law does not control, without regard to conflict-of-law rules.

Any court proceeding permitted under these Terms must be brought exclusively in a state or federal court of competent jurisdiction located in Doña Ana County, New Mexico. The parties consent to personal jurisdiction and venue there. To the extent a court proceeding is held in person and applicable law permits, it will take place in Las Cruces, New Mexico.

If applicable law gives a consumer a non-waivable right to bring a particular court claim or proceeding elsewhere, that right controls only for that claim or proceeding.

17. Changes and General Terms

We may update these Terms by posting a revised version and changing the effective date. If a change is material, we may provide additional notice where appropriate. Changes apply prospectively unless law permits otherwise. Your continued use after the revised Terms take effect means you accept them.

These Terms, the Privacy Policy, and any applicable purchase-specific agreement are the complete agreement about the Service. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with an affiliate, reorganization, financing, merger, acquisition, or sale of assets. Section headings are for convenience. Electronic communications and records satisfy written-notice requirements to the extent permitted by law.

18. Contact

Archaxis Ltd. Company
Doing business as Shiftnology
Mesilla, New Mexico, United States

For questions about these Terms, use the Shiftnology contact page. To start the informal dispute process, use the subject “Notice of Dispute.”