Emergent Skills End User License Agreement (EULA)

Effective Date: May 1, 2025

1. Definitions

• "Emergent Skills," "we," "us," or "our": Emergent Skills, LLC, a New Jersey limited liability company.
• "Capacity Intelligence™ (CI)": The proprietary methodology of measuring and managing real-time cognitive operating states and demand architecture.
• "The Zones Framework™": The proprietary four-state model (Green, Yellow, Red, Can’t-Even) used to categorize human operating capacity.
• "Application": The Emergent Skills mobile, web, or AI-based platform and state-matching engine.
• "Services": AI-powered capacity coaching, state-matched protocols, educational content, and Capacity Audits.
• "Capacity Coach": Our artificial intelligence system that provides automated responses and guidance based on real-time capacity states.
• "Content": All information, text, graphics, and proprietary logic provided through the Application.
• "Decoupled Data Architecture": The technical infrastructure that isolates personal identity from biological state logs.

2. Nature of Services – Operational Infrastructure

2.1 What We Provide: Emergent Skills exclusively offers Performance Infrastructure designed to identify Capacity Drift and restore access to existing professional skills. This includes state-matched protocols, the 10 Life Skills Pillars, and workforce intelligence.

2.2 What We DO NOT Provide: Emergent Skills explicitly does not provide psychotherapy, clinical counseling, psychiatric evaluation, medication management, or medical intervention. This tool manages state (real-time readiness) rather than traits (clinical health or personality).

2.3 AI System & Cognitive Load Limitations: You acknowledge that the Capacity Coach is a non-human system. Responses are algorithmically generated and represent a "Cognitive Splint" to assist in state management. The AI cannot exercise professional medical judgment and cannot detect or respond to medical emergencies.

3. User Acknowledgments and Assumption of Risk

By accessing the Application, you explicitly agree that:

• You are using the Services solely for professional development and operational efficiency.
• You will not rely on the Application as a substitute for professional medical or mental health care.
• No doctor-patient or therapist-client relationship is created.
• You will not modify prescribed medical treatments based on Application Content.
• You voluntarily assume all risks associated with using self-management and cognitive tools.

4. Emergency Protocol

If you are experiencing a medical or mental health emergency:

1. STOP using this Application immediately.
2. CALL 911 or your local emergency number.
3. GO TO the nearest emergency room.
4. DO NOT rely on the AI Coach for crisis intervention.

5. Eligibility

You must be at least 18 years of age to use this Application. We do not knowingly collect information from anyone under 18. If a user is discovered to be under 18, their account will be terminated immediately.

6. User Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account. You must notify us immediately of any unauthorized access.

7. Prohibited Conduct

You agree not to:

• Use the Application as a substitute for professional clinical treatment.
• Share Application content as medical or therapeutic advice.
• Attempt to reverse-engineer The Zones Framework™ logic or the Four Phases of Reset.
• Use automated systems or bots to scrape data from the Application.

8. Intellectual Property and Proprietary Moat

Emergent Skills retains all rights, titles, and interests in the Application, Content, AI models, and the proprietary methodology governing The Zones Framework™ and Capacity Intelligence™. This license grants you a personal, non-exclusive, revocable right to use the tool for personal or internal professional development only. Commercial redistribution of the methodology is strictly prohibited.

9. Privacy and Decoupled Architecture

9.1 Identity Decoupling: We utilize a Decoupled Data Architecture. Your personal identifiers (name, email) live in an isolated vault, while your cognitive state data lives in a separate vault linked only by a system-generated UUID.

9.2 Organizational Firewall: For enterprise users, your employer receives aggregate, anonymized workforce intelligence only. Individual transcripts and specific zone-ratings are biologically private and are never shared with your employer or management.

10. Payment Terms and Refunds

Subscriptions are billed in US Dollars. Generally, all sales are final. For subscriptions purchased through the Apple App Store or Google Play, refund requests are subject to the respective platform’s policies.

11. Disclaimers and Limitations of Liability

11.1 "As Is" Warranty: The Services are provided "as is" without warranties of any kind regarding accuracy, reliability, or specific professional outcomes.

11.2 Liability Cap: To the maximum extent permitted by law, our total liability shall not exceed the greater of (a) the amount you paid Emergent Skills in the 12 months preceding the claim, or (b) $100 USD. We are not liable for personal injury, emotional distress, or consequential damages arising from the use of the tool.

12. Indemnification

You agree to indemnify and hold harmless Emergent Skills, LLC and its officers from any claims, losses, or expenses arising from your misuse of the Services or your violation of these Terms.

13. Dispute Resolution and Arbitration

13.1 Mandatory Binding Arbitration: All disputes shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules.

13.2 Jurisdiction: Arbitration shall be located in Montclair, New Jersey, and governed by the laws of the State of New Jersey.

13.3 Class Action Waiver: You waive the right to participate in class, collective, or representative actions. All claims must be brought individually.

14. International Use

The Application operates from the United States. You are responsible for compliance with local laws in your jurisdiction.

15. Accessibility

We strive to meet WCAG 2.1 Level AA standards. Please report any accessibility barriers to support@emergentskills.com.

16. Modifications to Terms

We may update these Terms at any time. Material changes will be notified via email or in-app notification 30 days prior to taking effect.

17. Content Moderation and Safety

We reserve the right to monitor interactions for safety. Content indicating a threat of imminent harm may be reported to authorities in accordance with legal requirements.

18. Termination

You may cancel your subscription at any time. We may suspend or terminate access immediately for violations of these Terms or for safety concerns.

19. Miscellaneous Provisions

• Force Majeure: Neither party is liable for failures due to events beyond reasonable control, including third-party AI infrastructure outages or significant algorithmic shifts.
• Severability: If any provision is found invalid, the remainder of the Terms remains in effect.
• Entire Agreement: This EULA constitutes the complete agreement between the parties regarding the use of the Application.

20. Contact Information

For support or legal notices, contact: support@emergentskills.com

21. User Agreement Acknowledgment

By clicking "I Accept" or using the Application, you confirm that:

• You have read and understood these Terms.
• You understand this is Performance Infrastructure and not clinical treatment.
• You agree to the Decoupled Data Architecture protocols and binding arbitration.