Terms Of Service

# Terms of Service

Last Updated: September 1, 2026

These Terms of Service (the “Terms”) are a contract between you and Brooke Neborsky LLC, a Hawaii limited liability company doing business as Daily Self Massage and Après Surf (“Company,” “we,” “us,” or “our”). They govern your use of https://dailyselfmassage.com (the “Site”) and our online self-massage courses and related digital services (together, the “Services”).

The instructor for our courses is Brooke Neborsky, a licensed massage therapist in the State of Hawaii. Buying or taking a course does not create a therapist-client relationship, a doctor-patient relationship, or any professional treatment relationship with Brooke Neborsky or with the Company.

If you do not agree to these Terms, do not use the Site or buy a course.

## 1. Related policies

These documents are part of these Terms and are incorporated by reference:

1. Privacy Policy (including cookies and the Meta Pixel), at https://dailyselfmassage.com/privacy-policy/
2. Medical Disclaimer, at https://dailyselfmassage.com/medical-disclaimer/
3. Course Enrollment Agreement & Liability Release, at https://dailyselfmassage.com/course-digital-waiver/
4. Refund Policy, at https://dailyselfmassage.com/refund-policy/

If you buy a course, the Course Enrollment Agreement & Liability Release and the Medical Disclaimer apply in addition to these Terms. If there is a direct conflict about course license, health risk, or the liability release, the Course Enrollment Agreement & Liability Release controls for that conflict. If there is a direct conflict about refunds, the Refund Policy controls for that conflict.

## 2. Who we are and what these Terms cover

We operate Daily Self Massage at https://dailyselfmassage.com. We also operate the Après Surf shop at https://www.apressurfmaui.com. Both brands are the same company: Brooke Neborsky LLC.

These Terms cover the Daily Self Massage Site, course accounts, notify-me and contact forms, and all Daily Self Massage digital courses, including Release Your Jaw and any other self-massage courses we offer now or later.

Physical products, gift cards, and other goods sold on the Après Surf Shopify shop are governed by the terms, shipping rules, and refund terms shown at that shop’s checkout, not by the course refund rules in these Terms. Using the shop may still involve our Privacy Policy, because the same company may combine shop data with Daily Self Massage data as described there.

## 3. Eligibility

The Services are for adults only. You must be at least 18 years old to create an account, buy a course, or use course materials.

By using the Site or completing a purchase, you represent that you are at least 18 and that you have the legal capacity to enter this contract. If we learn that a person under 18 has created an account or submitted personal information, we may delete that account and information.

## 4. Accounts

Some parts of the Site, including course checkout and course access, require an account.

You agree to:

1. Provide accurate information when you register or check out.
2. Keep your email address current so we can reach you about your purchase, access, and material changes to these Terms.
3. Keep your password confidential.
4. Not share your login with anyone else.
5. Notify us promptly at info@dailyselfmassage.com if you believe your account has been used without permission.

You are responsible for activity that occurs under your account, including purchases, unless you have told us of unauthorized access and we have had a reasonable time to act.

We may refuse, suspend, or close an account if we reasonably believe these Terms, the Course Enrollment Agreement & Liability Release, or applicable law have been violated, or if we need to protect the Site, other users, or the Company.

## 5. Courses and “lifetime access”

### 5.1 Current and future courses

Our current paid course is Release Your Jaw, a one-time purchase of $247 USD. It includes intra-oral (buccal) self-massage instruction, meaning techniques that involve placing fingers inside the mouth. We may offer other self-massage courses. These Terms apply to all Daily Self Massage digital courses.

Course descriptions, lesson counts, run times, and “what’s included” lists on the Site are summaries. They may be updated as we improve a course. We do not guarantee a particular clinical result, pain outcome, or health outcome. See the Medical Disclaimer.

### 5.2 What “lifetime access” means

When we say a course includes lifetime access, we mean you may continue to access that course through your account for as long as Brooke Neborsky LLC continues to offer that course.

Lifetime access is not a promise that the Company, the Site, or a particular course will exist forever. If we stop offering a course, take a course offline, change how a course is hosted, or cease operations, your access to that course may end. If that happens, you are not entitled to an extra refund solely because access ended, except where a law that cannot be waived requires otherwise. This definition is also in the Refund Policy and in the checkout purchase summary.

We may update lessons, replace videos, or fix materials as part of ordinary course maintenance. An update is not a new purchase and does not restart or extend a refund right.

### 5.3 How you get access

After a successful payment, we grant access to the course associated with your account. Access is delivered immediately as digital content. That immediate delivery is important for refunds in the European Union, the United Kingdom, and similar jurisdictions. See Section 7 and the Refund Policy.

## 6. License and intellectual property

The Site and all course materials (including videos, audio, text, images, diagrams, downloadable files, routines, and the Daily Self Massage name and branding) are owned by or licensed to Brooke Neborsky LLC and are protected by copyright, trademark, and other laws.

When you buy a course, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the materials for that course only for your own personal, non-commercial self-care education. We do not sell you the content. We do not transfer ownership.

You may not, without our prior written permission:

1. Copy course materials except for a single personal copy of a file we expressly make downloadable for you.
2. Share, upload, post, or otherwise distribute course videos, routines, or written materials.
3. Take screenshots, screen recordings, or photos of course materials in order to share or distribute them.
4. Resell, sublicense, rent, or lend the course or your login.
5. Teach others from the materials, including in a class, session, workshop, social media tutorial, or professional practice, whether or not you charge money.
6. Remove copyright or proprietary notices.
7. Use our name, Brooke Neborsky’s name, or our marks in a way that suggests we endorse you or your services.

A violation may result in immediate termination of access without refund, and we may pursue other remedies allowed by law.

If you believe content on the Site infringes your copyright, email info@dailyselfmassage.com with a description of the work, the URL, and your contact information.

## 7. Payments

Course payments are processed by PayPal. We do not process course card payments ourselves, and we do not use Shopify to process Daily Self Massage course purchases. Shopify is used for the Après Surf shop only.

Prices are stated in United States dollars unless we clearly say otherwise. You are responsible for any taxes, duties, or PayPal fees that apply to your purchase, except taxes we are required to collect and actually collect at checkout.

A purchase is complete when PayPal confirms payment and we grant course access to your account. If PayPal declines a payment, we have no obligation to provide access.

Discount codes, if offered, have no cash value, are not transferable, and may be withdrawn. A free or complimentary access grant is still subject to these Terms, the Course Enrollment Agreement & Liability Release, and the Medical Disclaimer.

## 8. Refunds

All sales of Daily Self Massage digital courses are final once access is granted. The only exceptions are (a) you never received access, in which case we will restore access or refund you, and (b) a duplicate charge for the same course.

If you are in the European Union, the United Kingdom, or another place with a statutory cooling-off or withdrawal right for distance sales, that right for this digital content is lost when you buy and receive immediate access, because you request immediate performance and acknowledge that you lose the 14-day withdrawal right for that digital content. That acknowledgment is repeated at checkout and in the Refund Policy.

Chargebacks are addressed in the Refund Policy. Please contact us before disputing a charge so we can check access.

The full refund rules are in the Refund Policy at https://dailyselfmassage.com/refund-policy/. Après Surf product orders follow the refund terms shown at that shop’s checkout.

## 9. User conduct

You agree not to:

1. Use the Services for any unlawful purpose.
2. Attempt to gain access to another person’s account, data, or course materials.
3. Probe, scan, or overload the Site, or interfere with its security or operation.
4. Upload malware or harmful code.
5. Scrape, harvest, or systematically copy Site or course content beyond ordinary browser use.
6. Harass, defame, or impersonate us or anyone else.
7. Use the Site or course materials to provide hands-on treatment to other people, or to hold yourself out as trained or certified by us.
8. Bypass geographic, age, or paywalls.

We may remove content you submit (for example, a form message) and may suspend access if we reasonably believe you have broken these rules.

## 10. Third-party services

The Services depend on third parties we do not control. They include, among others:

1. PayPal, which processes course payments.
2. Hostinger, which hosts the Site.
3. Vimeo, which hosts and plays course video.
4. Meta Platforms (including the Meta Pixel), which we may use for advertising measurement and ads. See the Privacy Policy (Section 12, Cookies and the Meta Pixel).
5. Shopify, which powers the Après Surf shop at https://www.apressurfmaui.com. Shopify is not the payment processor for Daily Self Massage courses.
6. WordPress, Elementor, WPForms, and Contact Form 7, which help us run the Site and forms.

Your use of a third-party service may also be governed by that party’s terms and privacy policy. We are not responsible for a third party’s acts, outages, or independent policies, except to the extent a law that cannot be waived says otherwise.

Links to other websites, including Après Surf, are provided for convenience. A link is not an endorsement of everything on that site.

## 11. Educational nature of the Services

The Services are self-care education. They are not medical care, dental care, massage therapy treatment, diagnosis, or a substitute for in-person evaluation. Release Your Jaw and other courses do not treat TMJ or TMJD, headaches, migraines, or ear disorders.

Some course content, including Release Your Jaw, teaches intra-oral (buccal) self-massage. That work has extra risks and skip-if conditions, which are stated in the Medical Disclaimer and in the Course Enrollment Agreement & Liability Release. You must read those documents before you practice.

Marketing language on the Site, ads, reviews, or social media does not override the Medical Disclaimer, these Terms, or the Course Enrollment Agreement & Liability Release.

## 12. Disclaimer of warranties

To the fullest extent permitted by law, the Site, the Services, and all course materials are provided “as is” and “as available.” We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

1. The Site or a course will be uninterrupted, timely, secure, or error-free.
2. Defects will be corrected.
3. The content is complete, current, or appropriate for your body or health situation.
4. You will obtain any particular result, including pain relief, reduced clenching, fewer headaches, or improved jaw function.

Some places do not allow certain warranty disclaimers. In those places, the disclaimer applies to the fullest extent permitted.

## 13. Limitation of liability

To the fullest extent permitted by the law of the State of Hawaii and other applicable law:

1. Brooke Neborsky LLC, Brooke Neborsky, and our members, managers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or related to the Site, a course, or these Terms, even if we have been advised of the possibility of those damages.
2. Our total liability to you for all claims arising out of or related to a particular course will not exceed the amount you paid to us for that specific course.
3. These limits apply to claims in contract, tort (including ordinary negligence), strict liability, or any other theory, except that they do not apply to our own gross negligence, willful misconduct, or any liability that cannot be limited or waived under Hawaii law or other law that cannot be waived.

If a court finds a part of this section unenforceable, the rest still applies, and liability is limited to the maximum extent allowed.

## 14. Indemnity

You agree to indemnify and hold harmless Brooke Neborsky LLC, Brooke Neborsky, and our members, managers, employees, contractors, and affiliates from and against claims, damages, losses, and reasonable expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or course materials; (b) your practice of self-massage, including intra-oral techniques; (c) your violation of these Terms or of the Course Enrollment Agreement & Liability Release; (d) your infringement of someone else’s rights; or (e) your sharing of your account or of course content.

This indemnity does not require you to indemnify us for our own gross negligence, willful misconduct, or liability that cannot be waived under Hawaii law.

## 15. Governing law and disputes

These Terms, and any dispute arising out of or related to the Site, the Services, a course purchase, or these Terms, are governed by the laws of the State of Hawaii, without regard to conflict-of-law rules that would choose another jurisdiction’s law.

You and we agree that the state courts of the State of Hawaii located in the County of Maui have exclusive jurisdiction, and you and we consent to personal jurisdiction and venue in those courts. We do not require arbitration. You may still have non-waivable consumer rights under the law of your place of residence. This section does not limit those rights where they cannot be waived.

If you have a concern, please email info@dailyselfmassage.com first so we can try to resolve it.

## 16. Termination

You may stop using the Services at any time. Deleting or abandoning an account does not, by itself, create a refund right.

We may suspend or terminate your access immediately if you violate these Terms, the license in Section 6, or the Course Enrollment Agreement & Liability Release, or if we reasonably believe we must do so to protect the Company, other users, or the public. If we terminate for your violation, you are not entitled to a refund.

We may also stop offering a course or cease operations as described in Section 5.2.

Provisions that by their nature should survive (including license restrictions, payment and refund terms already earned, disclaimers, liability limits, indemnity, and governing law) will survive termination.

## 17. Changes to these Terms

We may update these Terms from time to time. We will change the “Last Updated” date at the top. If we make a material change, we will give notice by email to the address on your account (or the address you used to buy), in addition to posting the updated Terms on the Site.

The updated Terms take effect on the date we state in that notice or, if none is stated, on the date we post them. If you continue to use the Site or a course after a material change takes effect, you accept the updated Terms. If you do not agree, you must stop using the Services. Stopping use does not, by itself, create a refund right.

## 18. Other terms

1. Entire agreement. These Terms, plus the policies listed in Section 1 and any checkout clickwrap you accept, are the entire agreement between you and us about the Site and the Services. They replace prior oral or written terms on the same subject.
2. Severability. If a court finds a provision unenforceable, that provision will be modified to the minimum extent needed to make it enforceable, or if that is not possible, severed. The rest remains in effect.
3. No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
4. Assignment. You may not assign these Terms or your license without our written consent. We may assign these Terms in connection with a reorganization, sale of assets, or operation of law.
5. No third-party beneficiaries. These Terms do not create rights in any person other than you and us, except for the released and indemnified persons named here and in the Course Enrollment Agreement & Liability Release.
6. Headings. Headings are for reading convenience only.
7. English. We provide these Terms in US English. That version controls.

## 19. Contact

Questions about these Terms:

Brooke Neborsky LLC
doing business as Daily Self Massage and Après Surf
106 Kawehi Pl
Kula, HI 96790
United States

Email: info@dailyselfmassage.com
Phone: (808) 727-9244