TERMS AND CONDITIONS

Last Updated: February 2, 2026

1. Identification and Ownership

This document governs the contracting conditions and participation in the services offered by The Mental Point (hereinafter, the "Program").
The service is offered by Marcia Mainetti, located at Floridablanca 102, 2-1, Barcelona-08015, Spain.
Flip! Insurtech LLC, a company registered in the United States, located at 515 Glenridge Road, Key Biscayne, Florida, Zip Code 33149, acts as the partner entity responsible for the administrative operation, commercial activities, and payment collection management of the program on behalf of The Mental Point.

2. Nature of the Service: Educational and Performance

The User acknowledges that The Mental Point provides a Mental Training & Personal Growth Program. Our work is strictly educational and oriented towards sports performance, focused on the development of mental skills (concentration, routines, motivation, leadership) through our proprietary methodology "Win the Mental Point".

All activities, whether individual sessions with the player, family, and/or coach, training/competition observations, or group workshops (for clubs/academies), are designed as pedagogical tools to support the athlete's sporting development.

3. Service Distinction: Coaching vs. Therapy (Disclaimer)

It is an essential condition for contracting this service that the User understands and accepts the following:

  • Not a medical or healthcare service: The Mental Performance Coaching services provided DO NOT constitute, nor substitute, clinical psychological therapy, psychiatric treatment, or medical advice.

  • Absence of clinical diagnosis: As this is an educational and non-clinical program, our professionals do not perform mental health diagnoses nor treat pathologies or disorders.

  • Regulation: This service is not governed by healthcare regulations reserved for health providers or licensed clinical psychologists in the user's territory of residence (including, but not limited to, health regulations in Australia, Spain, or the USA).

If the User or the minor under their care requires treatment for clinical anxiety, depression, behavioral disorders, or any other mental health condition, it is the exclusive responsibility of the parent or guardian to seek help from an accredited health professional.

4. Participation of Minors

The participation of minors in the program requires the explicit consent of their parent or legal guardian. By enrolling the minor, the guardian declares that they have read and understood that the objective of the program is the development of mental sports skills and not therapeutic intervention.

5. Direct Communication

The program professionals may communicate directly with the minor via email or messaging applications (WhatsApp, Telegram, etc.) solely within the context of mental training follow-up and session coordination.

6. Recording and Image Usage

The program may record videos and take photographs of the minor or participants (in the case of Clubs) during sessions and events. This material may be used for the following purposes:

  1. Educational and Monitoring: For analysis and feedback within the "Win the Mental Point" methodology.

  2. Promotional: On social media, the website, and other communication channels of The Mental Point.

Consent for the use of images is revocable at any time by means of written notification.

7. Limitation and Exemption of Liability

Both Flip! Insurtech LLC and Marcia Mainetti, as well as the team of coaches and collaborators, are exempt from any liability regarding:

  • Specific sports results (performance depends on multiple factors beyond the coach's control).

  • Accidents or physical injuries that may occur during sports practice while applying mental tools.

  • The evolution of pre-existing psychological conditions not disclosed or requiring specialized clinical intervention outside the scope of this program.

  • The emergence of any conduct or pathology requiring clinical treatment during the course of the program.

The parent/guardian or the sports entity assumes full responsibility for the participant's overall well-being.

8. Data Protection

Personal data will be processed in accordance with current legislation (including GDPR in Europe and equivalent regulations in the USA and Australia). Data will be used exclusively to manage participation in the program and will not be shared with third parties without express authorization.

9. User Rights and Contact

The User may exercise their rights of access, rectification, cancellation, or opposition, as well as revoke prior consents, by sending a request to mar@thementalpoint.com.