Acceptance of the terms & services
Agreement to the Terms of Service By accessing and using supercoach.me (the "Website"), you enter into an agreement with ElCoach, Inc. ("Company," "we," or "us"). These Terms of Service, including any explicitly referenced documents (collectively, "Terms of Service"), regulate your use of the Website, encompassing content, features, and services, whether you are a guest or a registered user.
Prior to commencing use of the Website, carefully review the Terms of Service. Your use of the Website or the act of clicking to accept or agree to the Terms of Service, when provided as an option, indicates your acceptance and agreement to be bound by these Terms of Service, our Mobile Terms of Service, and our Privacy Policy, all of which are included by reference herein. If you do not consent to these Terms of Service, our Mobile Terms of Service, and/or the Privacy Policy, refrain from accessing or using the Website.
The Website is accessible to users of any age. By using the Website, you confirm that you are of legal age to enter into a binding contract with the Company. If you intend to use the Website from a jurisdiction where you are not legally eligible to enter into a binding contract with the Company, you must ensure that a parent or guardian contacts the Company in advance, providing written consent for your use of the Website before any such usage.
Terms and Conditions of Use
We retain the right to modify and update these Terms of Service at our discretion. Any changes become effective immediately upon posting and apply to all subsequent access and use of the Website. Your ongoing use of the Website after the publication of updated Terms of Service implies your acceptance and agreement with the modifications. It is your responsibility to check this page each time you visit the Website to stay informed about any changes, as they are obligatory for you.
Website Access and Security
We may, at our discretion and without notice, alter or withdraw this Website, along with any associated services or materials. We are not liable if the Website or any part of it is unavailable for any duration. Access restrictions may be applied to certain areas of the Website or the entire site, including for registered users. You are accountable for:
1- Making necessary arrangements for accessing the Website.
2- Ensuring that all individuals accessing the Website through your internet connection are aware of and comply with these Terms of Service.
To use the Website or its resources, you may need to provide registration details or other information. Your use of the Website implies that all information provided is accurate, current, and complete. The handling of your information is subject to our Privacy Policy.
If you receive a username, password, or other security information, you must treat it as confidential. Your account is personal, and you must not share access with others. Any unauthorized access or security breach must be reported immediately. We reserve the right to disable access credentials at our discretion, especially if a violation of these Terms of Service is detected.
Sales Terms Trainer Service
Our service for trainers, the "Trainer Service," provides personal trainers with tools to create, manage, and track fitness and nutrition programs for their clients. on recurring subscription basis through a website and mobile platform. Each account is established as a licensed Workspace for billing purposes, with the number of seats determined by the chosen subscription package. Pricing and features may change at our discretion, and software updates may impact services.
Fees and Payments
We apply a subscription fee when you choose a Subscription for accessing and using the Services ("Subscription Fees"), excluding free, trial, or beta Services. Subscription Fees are outlined on the relevant Website(s), unless there is an Order Document. These fees must be paid in advance of each Term, including Renewals. SuperCoach reserves the right to modify the pricing or fees applied by third parties related to the Services, such as card scheme fees and/or interchange, from time to time.
All Subscription Fees are noncancelable and non-refundable for the entire Term. No refunds or credits will be issued for partial use of the Services, upgrade/downgrade refunds, or unused months with an active account. You are responsible for all fees of any Renewals related to your account until your account or these Terms are terminated as specified herein.
SuperCoach may offer you free, trial, or beta Services at its discretion. These Terms apply to your use of any Free, Trial, or Beta Services. Any free, trial, or beta Services are provided "As Is" with no warranties. SuperCoch is not responsible for your or your End Users’ Data, including retention or return, during the use or access of free, trial, or beta Services. SuperCoach may discontinue or suspend your use of any free, trial, or beta Services at any time, with or without notice and without any further obligations or liability to you. Any free, trial, or beta Services may also be changed to a Subscription with a Fee at SuperCoach’s sole discretion, and upon prior notice to you. Upon such notice, your right to continue using such Services on a free, trial, or beta basis shall cease on the earlier of the effective date specified in the notice or upon conversion to a Subscription with a Fee.
Payment of Fees to SuperCoach by Trainers: You agree to promptly pay all fees, collected by credit card or other immediately available funds. Failure to pay fees on time may result in downgrading your plan. You are responsible for currency conversion charges and applicable taxes. We may amend the fee schedule with 30 days' notice. If you disagree with the amended fee schedule, you must terminate the agreement before the next billing cycle. Trial Usage Plans may be offered at our discretion.
Licensed Workspace: Your access to the Workspace and our services is through a limited, revocable, non-transferable license as defined by these Terms of Service.
Clients: The Client Service, provided to clients through a mobile app, is free. Any fees charged by trainers are separate, and we disclaim responsibility for interactions between clients and trainers.
Payment Processing: Payment processing for trainer services is facilitated by [X] or other providers. By using our services, you authorize us to share necessary financial information with the Payment Processing Service Provider.
User Responsibilities
a. You agree to use our service for lawful purposes and in a manner consistent with all applicable local, national, or international laws and regulations.
b. You are responsible for ensuring that your use of the service complies with these terms and does not interfere with the rights of third parties.
Data Ownership and Privacy
a. Personal trainers retain ownership of the client data inputted into the service. We do not claim ownership over any data submitted through the service.
b. We respect your privacy. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.
Termination
a. Upon termination, your right to use the service ceases, and you must cease all use of the service.
b. We reserve the right to suspend or terminate your access to the service at any time for any reason, with or without notice.
Important Disclaimers
SuperCoach does not practice medicine or provide medical advice. The information on the Website is offered solely for informational purposes. None of the content on this Website is intended to serve as medical guidance for diagnosis or treatment. The information should not be regarded as comprehensive, nor should it be used as a basis for determining a treatment plan for any individual or purpose. It is crucial to understand that the information obtained from this Website is not exhaustive and does not cover diseases, ailments, physical conditions, or their treatment. For any healthcare-related inquiries, including pre-existing conditions or injuries sustained during training, we strongly recommend contacting your physician or another qualified healthcare provider without delay.
Prior to initiating a new treatment, diet, or fitness program, it is highly advisable to consult with your physician or qualified healthcare provider. Disregarding medical advice or delaying its pursuit based on information from this Website is strongly discouraged. SuperCoach does not engage directly or indirectly in the practice of medicine or the provision of medical services, nor is it a substitute for the services of a physician, healthcare provider, or any trained health professional. We neither offer nor permit anyone associated with us to provide any form of medical advice. Concerns related to medical matters should be addressed and discussed with your physician, healthcare provider, family nutritionist, or registered dietitian.
By using this Website, you explicitly acknowledge and agree that SuerCoach does not practice medicine, and all decisions made are and will be your exclusive responsibility, in consultation with your physician. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from reliance on this Website, your trainer, or any information obtained from the mobile app, links, social media, or otherwise.
Intellectual Property
a. All content and materials available on our service, including but not limited to text, graphics, logos, and software, are the property of ElCoach, Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws.
b. You may not reproduce, distribute, modify, display, perform, or otherwise use any materials without our prior written consent.
Linking Policy
You are allowed to link to our homepage, ensuring it is done fairly, legally, and does not harm our reputation or exploit it. However, you must refrain from establishing a link in a manner that implies any form of association, approval, or endorsement on our part.
The website from which you link or make specific content accessible must fully comply with the Content Standards outlined in these Terms of Service.
You agree to cooperate with us in promptly discontinuing any unauthorized framing or linking.
MISCELLANEOUS
1. Notice. Except as otherwise expressly provided herein, all notices related to these Terms shall be in writing. You consent to receive communications and notices from SuperCoach electronically. SuperCoach will communicate with You, at its discretion, by e-mail, live chat, or by posting notices electronically through the website or the Services. You agree that all agreements, notices, disclosures and other communications that SuperCoach provides to You electronically satisfy any legal requirement that such communications be in writing. Except as otherwise provided herein or on the Website, all notices to insert company address
Limitation of Liability
a. To the fullest extent permitted by law, ElCoach, Inc. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of [Your Jurisdiction], and any disputes will be subject to the exclusive jurisdiction of the courts of [Your Jurisdiction].
Contact Us
If you have any questions or concerns about these terms and conditions, please contact us at support@supercoach.me
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