Terms of Service
Effective Date: September 25, 2026
Welcome to Onyx Wellness. By accessing or using our website, digital content, services, or communication platforms (collectively, the "Services"), you agree to the following Terms of Use. Please read them carefully.
The Services are operated by Onyx Wellness, LLC, a Kentucky limited liability company.
1. Scope of Services
Onyx Wellness provides wellness-based services, including but not limited to:
● Mental wellness sessions
● Physical wellness sessions
● Educational materials (including digital guides, pamphlets, and the Onyx Emotion Dictionary)
● Hybrid services (online and in-person)
All Services are intended for educational and wellness purposes only and do not replace licensed medical,
psychological, or healthcare treatment.
2. No Medical or Mental Health Advice
The content and services provided by Onyx Wellness are not a substitute for professional advice,
diagnosis, or treatment from a licensed healthcare provider.
By using our Services, you acknowledge:
● We do not diagnose or treat medical or mental health conditions
● You are responsible for seeking appropriate licensed care when needed
● Participation is voluntary and based on your own judgment
● The Services are not an emergency service. In an emergency call 911; in a crisis call or text 988
3. User Responsibilities
By using our Services, you agree to:
● Provide accurate and honest information when required
● Use content and services for personal, non-commercial purposes only
● Respect boundaries and guidelines set by Onyx Wellness
● Be at least eighteen (18) years of age, or use the Services under the supervision of a parent or
guardian who has signed the Minor Client Addendum
● Not record, copy, resell, republish, or distribute any session, guide, or the Onyx Emotion
Dictionary, and not use any Onyx Wellness content to train an automated or machine-learning system
4. Intellectual Property and Content
All content made available through the Services, including without limitation the Onyx Wellness name, logos, graphics, written materials, educational materials, digital guides, pamphlets, session materials, the Onyx Emotion Dictionary, videos, audio, photographs, website content, and other original materials (collectively, the "Onyx Content") is owned by or licensed to Onyx Wellness, LLC and is protected by applicable intellectual property laws.
Subject to these Terms, Onyx Wellness grants you a limited, non-exclusive, non-transferable, revocable right to access and use Onyx Content solely for your personal, non-commercial use.
You may not, without prior written permission from Onyx Wellness:
● Copy, reproduce, modify, publish, distribute, sell, license, or commercially exploit Onyx Content
● Remove copyright, trademark, or other proprietary notices
● Create derivative works from Onyx Content
● Share paid or restricted-access materials with persons who have not purchased or otherwise been authorized to access them
● Use Onyx Content to develop, train, test, or improve an artificial intelligence, automated decision-making, machine-learning, or similar system
● Use Onyx Content in a manner that suggests an affiliation with, sponsorship by, or endorsement from Onyx Wellness
Any feedback, suggestions, or ideas you voluntarily provide regarding the Services may be used by Onyx Wellness to improve its Services without creating any obligation to compensate you, provided that Onyx Wellness does not use your personally identifiable information in a manner inconsistent with its Privacy Policy.
5. Payments, Cancellations, and Refunds
Fees for Services will be communicated to you before you purchase or participate in a paid Service. You agree to provide accurate and current payment information and authorize Onyx Wellness or its designated payment processor to process authorized charges.
Unless otherwise stated at the time of purchase or in a separate written agreement, fees for completed Services are non-refundable.
For prepaid Services, digital content, programs, packages, or other offerings, any applicable cancellation or refund terms will be disclosed at the time of purchase or in the applicable service agreement.
If Onyx Wellness cancels or terminates a prepaid Service for a reason other than your breach of these Terms, Onyx Wellness will provide any refund required under the applicable service agreement or, where appropriate, a pro-rata refund for Services that were paid for but not provided.
You are responsible for any applicable taxes, fees, or other charges associated with your purchase, except for taxes that Onyx Wellness is legally required to collect and remit.
If Onyx Wellness offers any subscription, membership, or other automatically renewing or continuously billed Service, the applicable renewal price, billing frequency, cancellation terms, and other required renewal information will be presented to you before purchase.
Where required by law, you will be required to provide affirmative consent to the automatic renewal or continuous service terms, and you may cancel in accordance with the cancellation method provided at the time of purchase.
6. Online Services, Communications, and Technology
Certain Services may be provided through electronic communications, video conferencing, online platforms, telephone, text message, email, or other digital technology. You acknowledge that these technologies may be subject to interruptions, delays, technical failures, or security risks outside of Onyx Wellness's control.
You are responsible for maintaining a reliable internet connection and compatible device and for following reasonable instructions provided by Onyx Wellness for accessing online Services.
You agree not to use the Services to:
● Harass, threaten, abuse, or intimidate Onyx Wellness personnel or other participants
● Engage in unlawful, fraudulent, or deceptive activity
● Interfere with the operation or security of the Services
● Attempt to gain unauthorized access to accounts, systems, materials, or information
● Record, photograph, screenshot, reproduce, or distribute online sessions or communications without the express permission of Onyx Wellness and all persons whose participation or information may be captured
Onyx Wellness may suspend or discontinue access to an online Service when reasonably necessary because of technical difficulties, security concerns, inappropriate conduct, or other circumstances affecting the safe or proper operation of the Service.
Electronic communications, including email, text messages, and communications through third-party platforms, may not be completely secure. By communicating electronically with Onyx Wellness, you acknowledge these risks and agree to use reasonable care when transmitting sensitive information.
Nothing in this Section changes the confidentiality, privacy, mandatory-reporting, or other obligations described in the applicable Client Agreement, Minor Client Addendum, Privacy Policy, or other written agreement governing your Services.
7. Privacy (continued)
We respect your privacy. Any personal information shared will be handled in accordance with our Privacy Policy.
However, please note:
● Digital communication platforms may not be fully secure
● Absolute confidentiality cannot be guaranteed online
● Onyx Wellness is not a HIPAA covered entity, and information you share is not protected health information under HIPAA
8. Limitation of Liability
DISCLAIMER OF WARRANTIES. The Services are provided "AS IS" and "AS AVAILABLE."
To the fullest extent permitted by Kentucky law, Onyx Wellness disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Services will be uninterrupted, secure, or error-free.
LIMITATION. To the fullest extent permitted by Kentucky law, Onyx Wellness will not be liable
for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits or
data, arising from the Services or from decisions or actions you take based on content provided, or
from technical interruptions. Onyx Wellness's total aggregate liability will not exceed the greater of
the amount you paid in the twelve (12) months preceding the claim or one hundred dollars ($100).
Nothing in this Section limits liability for gross negligence, wanton or reckless conduct, fraud, or
intentional misconduct, or any liability that cannot be limited under Kentucky law. Your use of the
Services is otherwise at your own risk.
9. Termination of Use
We reserve the right to:
● Suspend or terminate access to Services at any time
● Refuse service if terms are violated or safety concerns arise
If we terminate your access for a reason other than your breach, we will refund a pro-rata share of any
prepaid fee for digital content or programs you can no longer access.
10. Modifications to Terms
Onyx Wellness may update these Terms at any time. Continued use of Services after updates constitutes
acceptance of the revised Terms.
We will post the revised Effective Date, and for material changes we will give at least thirty (30) days notice by email to the address on file. Revised Terms apply prospectively only and do not change the terms governing a dispute that has already arisen or a program you have already purchased.
11. Governing Law
These Terms are governed by the laws of the Commonwealth of Kentucky without regard to conflict-of-
laws principles. The exclusive venue for any dispute is the Circuit or District Court of Warren County, Kentucky. The informal resolution and mediation procedure in Section 21 of the Client Agreement applies to disputes under these Terms.
12. Contact Information
For questions regarding these Terms, please contact:
Onyx Wellness, LLC · 275 New Towne Dr., Apt. 518, Bowling Green, Kentucky 42103 · zalmicoh@gmail.com · (270) 995-1378