Terms of Use Agreement
This Terms of Use Agreement (this Agreement) is entered into by and between Nicholas Lucas (the "Author", "we", "us", "our") and "you", the user of this website, also known as neurocognix.com (the "Site"). Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR'S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE SITE.
BY ENTERING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
1) Definitions
For the purposes of this Agreement:
- "Author" means Nicholas Lucas.
- "Site" means neurocognix.com and any subdomains, including any members-only areas.
- "Products" means any physical products, digital products, subscriptions/memberships, courses, downloadable materials, access passes, and/or consulting services offered by the Author.
- "Information" means all services, information, content, text, audio, video, data, downloadable materials, prompts, tools, and other content made available through the Site, including the AI Advisor.
- "AI Advisor" means any AI-powered interactive tool on the Site, including the Peak Speed AI Advisor.
2) Medical, Physical, Psychological, Neuromodulation & Coaching Advice Disclaimer
The Author provides the Site and the Information for informational and educational purposes only. The Author does not provide medical, physical, psychological, psychiatric, neuromodulation, diagnostic, therapeutic, counselling, crisis, or coaching services through the Site, and the Information should not be construed or used as such.
Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a professional physician-patient relationship, therapist-client relationship, coach-client relationship, or any other professional relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical or mental health advice.
You should not rely on anything contained in the Site for medical or mental health decisions, and you should consult a physician, health professional, or other appropriately qualified professional licensed in your jurisdiction in all matters relating to your physical and mental health.
You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.
If you are in crisis or believe you may be at risk of harm to yourself or others, seek immediate help via local emergency services or a qualified professional.
3) Financial, Legal and Other Advice Disclaimer
You acknowledge that nothing contained in the Site constitutes financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
4) Peak Speed AI Advisor (AI Tool) Terms
Certain parts of the Site may provide access to the AI Advisor, including the Peak Speed AI Advisor.
4.1 Educational tool only; no professional services
The AI Advisor is provided for educational purposes to help users apply concepts and frameworks associated with Peak Speed content. The AI Advisor is not a substitute for professional services. It does not provide diagnosis, treatment, therapy, counselling, crisis intervention, medical advice, psychological services, or professional coaching services.
4.2 Beta tool; limitations; errors
You acknowledge and agree that the AI Advisor may be provided as a beta feature and may produce outputs that are incorrect, incomplete, misleading, offensive, or not appropriate to your circumstances. AI outputs can contain mistakes or fabricated content (“hallucinations”). We make no guarantees regarding accuracy, reliability, suitability, or completeness.
4.3 User responsibility; assumption of risk
You are solely responsible for your decisions, actions, and outcomes. You agree not to rely on the AI Advisor as the sole basis for any decision that could result in harm, loss, injury, or significant consequences, including medical, mental health, legal, financial, safety, or relationship decisions. You agree to verify information independently and consult qualified professionals where appropriate.
4.4 No emergency use
The AI Advisor is not designed for emergencies and is not monitored for urgent requests. Do not use it for crisis or emergency support. If you believe you are at risk of harm to yourself or others, contact local emergency services immediately.
4.5 Data, privacy, and storage
- Browser-local memory: The AI Advisor may store limited conversation context locally in your browser (for example via local storage) to improve continuity. This data is stored on your device and can be cleared by you (e.g., resetting the chat, clearing site data, or using private browsing).
- Site database: The AI Advisor is designed so that we do not intentionally store your full chat content in the Site database as a feature of the AI Advisor. However, standard technical logs (e.g., server/security logs, error logs, rate-limit logs) may record limited metadata (timestamps, request size, error codes, and similar) as part of operating and securing the service.
- Third-party processing: To generate responses, your prompts and the AI outputs are transmitted to and processed by third-party service providers (including AI model providers and infrastructure providers). Your data may be processed outside Australia depending on provider systems. Use of the AI Advisor constitutes your consent to this transmission and processing consistent with our Privacy Policy.
- Do not submit sensitive information: Do not input highly sensitive personal information (including passwords, banking details, identity documents, or medical records) into the AI Advisor.
Your use of the AI Advisor is also governed by our Privacy Policy, which is incorporated by reference.
4.6 Acceptable use (AI Tool)
You agree not to use the AI Advisor to:
- request or generate unlawful content or instructions for wrongdoing;
- harm, harass, threaten, defame, or violate the rights of others;
- submit content you do not have the right to use (including confidential or proprietary information);
- attempt to bypass access controls, rate limits, authentication, membership restrictions, or security measures;
- scrape, reverse engineer, or systematically extract prompts/outputs to recreate the tool or replicate the Author’s materials;
- overload or disrupt the service.
We may suspend or terminate your access to the AI Advisor (and/or your account) at our sole discretion if we believe you have violated this Agreement, created risk, abused the service, or caused excessive load.
4.7 Intellectual property and restrictions
The AI Advisor, its prompts, workflows, system instructions, and associated content are proprietary to the Author. You may not copy, reproduce, redistribute, sell, sublicense, publish, or use the AI Advisor outputs to create a competing product or service. Normal personal use is permitted.
5) Information Disclaimer
The opinions expressed in the Site are not necessarily the opinions of the Author. The Site is created by the Author in the Author's individual capacity. Any opinions of the Author are rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including for use in or in connection with legal proceedings.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author's sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.
6) Posting Guidelines
The Site may include areas that accept user-generated content (including comments, posts, support tickets, or other submissions). Consider your submissions carefully and do not include anything you would like to keep private.
By uploading or otherwise making available any content, you grant the Author the non-exclusive, worldwide, royalty-free, perpetual licence to host, store, reproduce, distribute, display, publish, and otherwise use that content for operating the Site and providing the services, subject to applicable law and our Privacy Policy.
You are responsible for the content you post. You may not impersonate any other person. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of privacy rights, unlawful, or infringing intellectual property rights. You may not post content that contains viruses or any other code designed to disrupt, damage, or limit the functioning of any software or hardware.
The Author reserves the right to remove any content that, in the Author's sole judgment, does not comply with this Agreement or is otherwise objectionable, and may modify, adapt, and edit content.
Respectful and Professional Conduct Policy
By submitting support tickets and/or participating in any groups or social channels run by the Site or Author, you agree to maintain a respectful and professional demeanour. We will not tolerate rudeness, obnoxious behaviour, unprofessional conduct, or abusive language. Any member who violates this policy may be removed without partial or full refund.
7) Third Party Links and Advertisements Disclaimer
The Site may contain links to third party websites. These links are provided solely as a convenience and not as a guarantee, warranty, or recommendation by the Author, or as an indication of any affiliation, sponsorship or endorsement. The Author is not responsible for the content of third party sites and makes no representations or warranties regarding their privacy practices or accuracy. If you decide to access third-party sites, you do so at your own risk. Your use of third-party websites is subject to their own terms.
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation. The Author makes no representations and/or warranties about any third-party product or service.
8) Disclaimer of All Warranties
The Information and services (including the AI Advisor) are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including warranties of title, noninfringement, merchantability, or fitness for a particular purpose.
Without limiting the foregoing, the Author makes no warranty, representation or guarantee:
- as to the content, sequence, accuracy, timeliness or completeness of the Information;
- that the Information may be relied upon for any reason;
- that the Site, Products, membership areas, or AI Advisor will be uninterrupted, secure, or error free; or
- that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided regarding treatment of medical conditions, actions, or application of medication.
To the maximum extent permitted by law, under no circumstances will the Author be liable to you or any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.
Without limiting the foregoing, the Author shall have absolutely no liability in connection with the Site for:
- damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
- any loss or injury caused, in whole or in part, by the Author's actions, omissions, or negligence, or for contingencies beyond the Author's control, in procuring, compiling, or delivering the Information;
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
- any decision made or action taken or not taken in reliance upon the Information.
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified.
9) Reservation of Intellectual Property Rights
The Site, Products, and all content (including text, graphics, logos, videos, audio, tools, prompts, workflows, and AI Advisor instructions) are protected by Australian copyright laws and other intellectual property laws. The Author reserves all intellectual property rights. You may not reproduce, distribute, publicly display, modify, create derivative works, or exploit any content except as expressly permitted in writing by the Author.
10) Age Restriction
The Site is intended for persons eighteen (18) years or older. Persons under eighteen (18) should not access, use and/or browse the Site.
11) Indemnification
You agree to indemnify and hold the Author harmless from any claim or demand (including attorneys’ fees) made by any third party arising out of: (1) any content you post or make available; (2) any violation of law by you through the Site; and/or (3) your use of the Site, Products, Information, or AI Advisor.
12) Invalidity
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be deemed ineffective in such jurisdiction to the extent of the invalidity, but shall have no effect on the enforceability of the remaining provisions.
13) Governing Law, Consent to Jurisdiction and Limitation on Claims
This Agreement and your use of the Site shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of laws principles, and you agree to submit to the jurisdiction of the courts in the State of New South Wales.
You further agree that any claims or causes of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose, or such claim shall be forever barred.
14) Entire Agreement
You acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information.
15) Modification
The Author may, in the Author’s sole discretion, modify this Agreement at any time without notice. Modified terms shall supersede prior terms and become binding when published on the Site.
E-commerce / Orders / Products
16) Submitting an Order
By submitting an order for purchase of a Product using the Site’s functionality (an "Order") you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- you are authorised to use the debit or credit card (or other payment method) you provide with your Order.
Submitting an Order constitutes your intention and offer to enter into these terms, under which we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
These terms are not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed (or otherwise confirmed).
17) Accounts
To place an Order and/or purchase a Product, it may be necessary for you to sign up, register, and create an account on the Site (an "Account").
During registration and throughout your use of the Site, you may need to provide personal information, including but not limited to your email address, name, username, password, billing and postal address, phone number, and other information as determined by us from time to time.
You are responsible for ensuring that information you provide is accurate, truthful, valid, and up-to-date.
We reserve the right to accept or reject your registration at our sole discretion, and to suspend or terminate your Account for any reason, including failure to comply with this Agreement.
You are responsible for maintaining the confidentiality of your Account login details and for all activity that occurs under your Account.
18) Products (General)
We will make reasonable efforts to ensure that the Products you receive are substantially similar to the Products displayed on the Site or as agreed in writing prior to placing your Order. Due to variations in display, colour, brightness, formatting, device differences, and updates, there may be differences between how Products appear and what is delivered.
Unless otherwise specified, the availability of the Site and Products may be limited to a specific timeframe, as stated during your Order.
We may update, modify, replace, or discontinue Products (including digital Products, courses, memberships, and AI tools) at any time. Where you have purchased time-limited access, we will provide access for the period specified at the time of purchase, subject to this Agreement and any applicable consumer guarantees.
19) Payment, Pricing, GST, Surcharges
All prices are:
- per unit, unless otherwise specified; and
- subject to change without notice before you finalise an Order.
Unless agreed otherwise in writing, you must make full payment at the time of placing an Order.
GST: Unless stated otherwise, amounts indicated on the Site do not include GST. For any taxable supply made by Nicholas Lucas, you are responsible for paying applicable GST upon receiving a tax invoice where required.
Card surcharges: We reserve the right to apply additional charges for credit card payments, debit card payments, or other charge card payments (including Visa, MasterCard, or American Express) where permitted by law.
Third-party payment providers: We may use third-party payment providers. Your payment relationship with a payment provider is subject to that provider’s terms and privacy policies. We are not liable for the security or performance of any payment provider.
Pricing errors: If we discover an error in the price of your Order, we will make reasonable efforts to contact you. You may proceed at the correct price or cancel. If you cancel and payment has already been processed, we will refund the amount paid to the original payment method.
20) Gift Cards, Coupons and Discount Codes
We may issue gift cards, coupons, or discount codes. Unless otherwise specified:
- Gift cards and codes are not legal tender and cannot be exchanged or redeemed for cash.
- Coupons cannot be applied retroactively and cannot be transferred to others.
- Coupons are non-refundable and non-exchangeable.
- Additional terms may apply and will be stated at the time of issue.
21) Delivery (Digital Products)
For digital Products, delivery may occur immediately after payment, or by providing access through your Account/members area. You are responsible for ensuring you can access digital Products (including having compatible devices, internet access, software, and an email address).
22) Returns and Refunds
We will provide a refund in the following circumstances:
- if you did not receive a Product you ordered solely due to our failure;
- if the Product provided does not substantially match what you ordered as displayed on the Site (with reasonable allowances for display and format differences); or
- if a Product is faulty.
Change of mind: We do not accept returns or offer refunds for change of mind.
Personal consulting: There are no refunds for personal consulting once delivered or where time has been reserved for you, except where required by law.
Digital Products: There are no refunds for digital products that have been delivered, except where required by law (including consumer guarantees).
Faulty products: If you believe a Product is faulty, contact us with a description of the fault. If we reasonably determine the Product is not faulty or the fault is due to misuse, lack of reasonable care, or fair wear and tear, we may decline the return. If we agree the Product is faulty, you may be eligible for a refund, exchange, or store credit, consistent with applicable law. Refunds are issued to the original payment method unless otherwise approved.
This clause does not limit your rights under the Australian Consumer Law.
23) Cancellations and Non-Attendance Fees (Appointments)
Failed to attend appointment: If you fail to attend a scheduled appointment without prior notice, you may be charged the full appointment fee of $500 USD as a failed-to-cancel fee.
Late cancellation: If you cancel with less than 24 hours’ notice, you may be charged a cancellation fee of 50% of the appointment fee, being $250 USD.
Where required by law, we will comply with any non-excludable consumer rights.
24) Suspension, Termination, and Access Control
We may suspend, restrict, or terminate your access to the Site, your Account, Products, memberships, and/or the AI Advisor at any time at our sole discretion if we reasonably believe you have breached this Agreement, misused the Site, engaged in abusive conduct, or created security or operational risk.
25) Waiver
The Author's failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
These terms and disclaimers were updated: February 12, 2026, and are subject to change without notice.