Terms & Conditions

Effective Date: August 31, 2026

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These Terms and Conditions (“Terms”) govern your access to and use of kevinsimcock.com, including its pages, content and functionality (the “Site”), and your purchase or use of services offered by Kevin Simcock Inc (“Company,” “we,” “us” or “our”).

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By accessing the Site, purchasing Services, or expressly agreeing to these Terms, you acknowledge that you have read and understood these Terms and agree to be bound by them where applicable.

These Terms should be read together with our Privacy Policy, Refund & Cancellation Policy and any service agreement, Master Services Agreement, proposal or other written agreement applicable to Services you purchase.

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If a specific written service agreement conflicts with these Terms regarding the Services covered by that agreement, the specific service agreement will govern to the extent of that conflict, subject to applicable law.

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1. Eligibility and Authority

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to purchase Services from the Company.

If you purchase Services on behalf of a corporation or other organization, you represent that you have authority to bind that organization to the applicable agreement.

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2. Website Use

The Company grants you a limited, revocable, non-exclusive and non-transferable right to access and use the Site for lawful personal or internal business purposes.

You may not use the Site in a manner that violates applicable law, interferes with operation or security of the Site, infringes another person’s rights, or attempts to gain unauthorized access to any system, account or restricted content.

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3. Advisory Services

The Company provides private advisory, strategic and educational services, including services offered under the Reclaim™ name and other advisory engagements described on the Site or in individual service agreements.

The precise scope, duration, fees, payment arrangements, deliverables and other terms applicable to a paid engagement will be described in the applicable offer, order, proposal or service agreement.

Descriptions of Services on the Site are provided for general information and may change for future engagements.

Nothing in these Terms permits the Company to materially alter an existing paid engagement contrary to its applicable service agreement or applicable law.

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4. Nature of the Advisory Relationship

The Company’s Services are advisory, strategic and educational in nature.

The Services do not constitute psychotherapy, psychological treatment, medical care, legal advice, accounting advice, investment advice or other regulated professional services.

The Client remains responsible for their own decisions, actions, implementation and results and should obtain advice from appropriately qualified professionals where necessary.

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5. No Guarantee of Results

The Company does not guarantee any particular financial, professional, career, business, personal or other outcome arising from use of the Site or Services.

Examples, testimonials, case studies and descriptions of potential outcomes represent individual experiences or illustrative possibilities and should not be interpreted as guarantees.

Results depend upon numerous factors outside the Company’s control, including Client decisions, participation, circumstances, implementation and external conditions.

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6. Intellectual Property

The Site and the Company’s original materials, including text, graphics, designs, branding, videos, audio, documents, downloads, frameworks, methodologies, models, assessments, diagnostics, forms, worksheets, templates, exercises, questions, diagrams, presentations, program structures, tools, processes and other materials developed or provided by the Company (collectively, “Company Materials”) are owned by or licensed to the Company and are protected by applicable copyright, trademark and other intellectual property laws.

This includes proprietary materials associated with Reclaim™ and any other Company programs, frameworks or methodologies.

Except where expressly authorized in writing, no ownership rights in Company Materials are transferred to you.

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7. Limited Licence to Client Materials

Where Company Materials are provided as part of a paid Service, you are granted a limited, personal, revocable, non-exclusive and non-transferable licence to use those materials solely for your own participation in and personal application of the applicable Service.

You may retain and use client-specific final deliverables after completion of the Service for your own personal or internal purposes unless the applicable service agreement provides otherwise.

All underlying Company frameworks, methodologies, templates, tools and intellectual property incorporated into those deliverables remain the property of the Company.

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8. Prohibited Use of Company Materials

Unless the Company provides prior written authorization, you may not reproduce, republish, distribute, sell, sublicense, publicly display, publicly perform, modify, adapt, translate, create derivative commercial materials from, or commercially exploit Company Materials.

You may not provide Company Materials to another coach, advisor, consultant, business, training provider or other third party for their use.

You may not use Company Materials to create, develop, market or deliver a competing program, product, service, methodology, course, workshop or commercial offering.

You may not remove copyright, trademark, confidentiality or proprietary notices appearing on Company Materials.

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9. Artificial Intelligence and Automated Processing

Except with the Company’s prior written permission, you may not upload, submit, disclose or provide non-public Company Materials to a generative artificial intelligence system, machine-learning platform, model-training system, shared knowledge base or similar third-party system for the purpose of:

(a) training or fine-tuning an artificial intelligence or machine-learning model;

(b) creating or improving a competing product, service, framework, methodology or program;

(c) systematically extracting, reconstructing or replicating the Company’s proprietary methodology, program architecture or materials; or

(d) distributing or making Company Materials available to third parties.

This restriction does not prohibit ordinary personal use of technology that does not disclose, retain, train upon, redistribute or commercially exploit protected Company Materials contrary to these Terms or an applicable service agreement.

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10. Session Recordings

You may not record, transcribe, reproduce, publish, distribute or make available any private advisory session without the Company’s prior written consent.

The Company will not record a private advisory session without informing the Client and obtaining any consent required by applicable law.

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11. Client Content and Ownership

You retain ownership of original materials, information and intellectual property that you provide to the Company.

You grant the Company a limited right to use those materials as reasonably necessary to provide the Services.

Nothing in these Terms transfers ownership of the Client’s confidential business information or independently created intellectual property to the Company.

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12. Confidentiality

Confidentiality obligations applicable to private advisory engagements will be governed by the applicable service agreement.

The Company will handle personal information in accordance with its Privacy Policy and applicable privacy legislation.

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13. Fees, Payment, Refunds and Cancellation

Prices, payment schedules and program commitments applicable to paid Services will be disclosed before purchase or contained in the applicable service agreement.

Certain Services may constitute fixed-term commitments even where payment is permitted in installments.

Refunds and cancellations are governed by the Company’s Refund & Cancellation Policy and any applicable service agreement, subject to rights available under applicable law.

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14. Third-Party Services and Links

The Site or Services may use or link to third-party websites, payment processors, scheduling platforms, video-conferencing systems or other services.

The Company does not control third-party services and is not responsible for their availability, content, security, privacy practices or independent acts or omissions.

Your use of third-party services may be subject to separate terms and privacy policies.

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15. Acceptable Use and Site Security

You must not:

(a) use the Site for unlawful or fraudulent purposes;

(b) interfere with the operation or security of the Site;

(c) introduce malicious software or code;

(d) attempt unauthorized access to accounts, systems or restricted materials;

(e) scrape, crawl, harvest or systematically extract Site content using automated means except where expressly authorized;

(f) impersonate another person or misrepresent your affiliation; or

(g) use the Site or Company Materials in violation of these Terms.

The Company may restrict or terminate access where reasonably necessary to protect the Site, Company Materials, clients or other users.

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16. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Site and publicly available Site Content are provided on an “as is” and “as available” basis.

The Company does not warrant that the Site will always be available, uninterrupted, secure or error-free.

Nothing in these Terms excludes or limits any warranty, condition, right or remedy that cannot lawfully be excluded or limited.

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17. Limitation of Liability

To the maximum extent permitted by applicable law, the Company will not be liable for indirect, incidental, special, exemplary or consequential damages, or for loss of profits, revenues, business opportunities or data, arising from use of the Site or Services.

To the maximum extent permitted by applicable law, the Company’s aggregate liability arising from a paid Service will not exceed the amount actually paid to the Company for the specific Service giving rise to the claim.

For claims arising solely from use of the free public Site and unrelated to a paid Service, the Company’s liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

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18. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its directors, officers and representatives from third-party claims, liabilities, damages and reasonable costs arising directly from your unlawful use of the Site, infringement of third-party rights, unauthorized use or distribution of Company Materials, or material breach of these Terms.

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19. Suspension and Termination

The Company may suspend or terminate access to the Site, Services or Company Materials where you materially breach these Terms or an applicable service agreement, fail to meet payment obligations, misuse Company intellectual property, engage in unlawful conduct, or engage in conduct that materially interferes with the Company’s ability to provide the Services.

Termination of a paid engagement, including financial consequences and continuing obligations, will be governed by the applicable service agreement and Refund & Cancellation Policy.

Provisions concerning intellectual property, confidentiality, accrued payment obligations, disclaimers, limitations of liability, dispute resolution and other provisions that by their nature should survive will survive termination.

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20. Changes to These Terms

The Company may revise these Terms periodically.

Changes will apply prospectively from the effective date identified in the revised Terms.

Material changes to these website Terms will not retroactively alter the terms of an existing paid service agreement unless the parties validly agree to the change or the change is otherwise permitted or required by applicable law.

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21. Electronic Communications and Acceptance

You consent to receiving agreements, notices and transaction-related communications electronically where permitted by law.

Where you accept an agreement electronically, including by checking an acceptance box, clicking an acceptance button or providing an electronic signature, that electronic acceptance may constitute your agreement to the applicable terms.

Electronic contracts are recognized under Ontario law.  

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22. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to any rights or remedies available under applicable consumer protection legislation, disputes relating to these Terms will be submitted to the courts of competent jurisdiction in Ontario, Canada.

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23. Consumer Rights

Nothing in these Terms is intended to waive, restrict or exclude any right, warranty or remedy that cannot lawfully be waived, restricted or excluded under applicable consumer protection legislation.

If any provision of these Terms conflicts with a mandatory statutory right, the statutory right will apply to the extent of the conflict.

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24. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect.

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25. No Waiver

Failure by the Company to exercise or enforce a right under these Terms does not constitute a waiver of that right.

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26. Entire Agreement and Order of Precedence

These Terms, together with the Privacy Policy and Refund & Cancellation Policy, govern general use of the Site and Services.

Where you enter into a separate Master Services Agreement, service agreement, proposal or other written agreement with the Company, that agreement forms part of the contractual relationship between you and the Company.

If there is an inconsistency concerning a specific paid Service, the specific service agreement will govern over these general Terms to the extent of the inconsistency, subject to applicable law.

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27. Contact

Questions concerning these Terms may be directed to:

Kevin Simcock Inc
hello@kevinsimcock.com
Toronto, Ontario. M1C 2G5, Canada.