Term & Conditions

Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of EmilHarker.com and XY Apex, including all products, programs, services, and content offered through these websites. By accessing or using our websites or purchasing any products, you agree to be bound by these Terms.

If you do not agree with these Terms, do not use our websites or services.


1. Business Information

These websites and services are operated by:

XY Apex – EmilHarker.com
240 N East Promontory, Suite 214
Farmington, UT 84025
Phone: 801-543-2120
Email: [email protected]


2. Use of Our Website and Content

All content on this website, including videos, books, programs, coaching frameworks, text, graphics, and materials, is owned by XY Apex and is protected by copyright and intellectual property law.

You agree that you will not:

  • Share login credentials

  • Distribute, reproduce, or publicly display our content

  • Use our material to create competing programs or offerings

Access is for your personal, non-commercial use only.


3. Services Provided

We offer:

  • Books and digital products

  • Online courses and trainings

  • Group coaching programs

  • The 3 Brain Protocol coaching program

All services are educational and informational in nature.


4. Coaching Disclaimer

Our programs, books, and coaching services are not therapy, counseling, medical treatment, or legal advice.

We do not diagnose, treat, or prevent mental health conditions.
You are responsible for your own decisions, actions, and results.

Relationship outcomes vary by individual effort, context, and willingness to apply the material. No specific results are guaranteed.


5. Payments & Billing

We accept payments through Stripe, Kajabi Payments, Klarna, Afterpay, Google Pay, and Apple Pay.

Payment options may include:

  • One-time payments

  • Subscriptions or recurring billing

If a subscription payment fails, Kajabi’s default retry cycle will run automatically.
After five failed payment attempts, your access may be suspended until payment is resolved.


6. Refund Policy

Different products have different refund terms:

Digital Products (Books, Courses, etc.)

Refunds are available within 30 days of purchase.

3 Brain Protocol Coaching Program

Refunds are conditional and require that you:

  • Complete 100 percent of the assigned videos

  • Attend at least 75 percent of live calls
    within a 12-week period.

If these conditions are not met, no refund will be issued.

Chargebacks are subject to investigation and may be disputed if they conflict with these stated terms.


7. Limitation of Liability

To the fullest extent permitted by law, XY Apex and its team are not liable for:

  • Emotional outcomes

  • Relationship outcomes

  • Financial decisions

  • Any results or actions taken based on program material

  • Any losses or damages arising from the use or misuse of our services

Your participation is voluntary and undertaken at your own discretion.


8. Third-Party Services

We may use third-party tools for payments, communication, or advertising. These providers process data according to their own privacy policies.

Your use of our site constitutes agreement to these third-party terms where applicable.


9. Data & Privacy

All data collection and protection practices are outlined in our Privacy Policy, which forms part of these Terms.

You may request access, updates, or deletion of your personal data at any time by contacting us at the email above.


10. Eligibility

Our products and services are intended for adults.
We do not impose a strict age requirement but expect users to have the legal capacity to enter into an agreement.


11. Modifications to Terms

We may update these Terms at any time.
Changes take effect once posted. Continued use of the site indicates acceptance of the revised Terms.


12. Governing Law

These Terms are governed by the laws of the United States and the State of Utah, without regard to conflict-of-law principles.


13. Contact

For questions or concerns regarding these Terms, contact:

Email: [email protected]
Phone: 801-543-2120
Last Updated: 5th December 2025