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Terms of Service for intelligent.coach
Version 6.5.18
By contracting with intelligent.coach to host your course on the intelligent.coach platform which you access via www.YOUR-IC-SITE-URL/admin (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
intelligent coach reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.intelligent.coach/terms-of-service.
Violation of any of the terms below may result in the termination of your Account. While intelligent coach prohibits such conduct and Content on the Service, you understand and agree that intelligent coach cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. intelligent coach cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must provide a privacy policy on your Service to inform your end users and visitors of the privacy practices of your Service. You may supply your own; provided, however, if you do not, intelligent coach reserves the right to supply one for your or terminate your account and its services to you, in its sole discretion.
Privacy and Data Protection
You acknowledge that, in your capacity as operator of the intelligent.coach platform we provide to you based on the Service, you are solely responsible for complying with any applicable privacy, data protection, or similar law governing the collection, use, sharing, or other processing or handling of personally identifiable information, personal data, or similar information in any jurisdiction worldwide (“Privacy Law”). This includes, where necessary under the applicable Privacy Law, and without limitation, your obligation to make available a privacy policy to the end users of the intelligent.coach platform.
IN THE EVENT THAT INTELLIGENT COACH, SUBJECT TO ITS OWN DISCRETION, MAKES AVAILABLE TO YOU A PRIVACY POLICY OR SIMILAR DOCUMENT TOGETHER OR IN CONNECTION WITH A MOBILE APPLICATION (“COMPLEMENTARY POLICY”), SUCH COMPLEMENTARY POLICY IS PROVIDED TO YOU “AS IS” AND NEITHER INTELLIGENT COACH NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS MAKE A REPRESENTATION OR WARRANTY AS TO ITS COMPLETENESS OR ACCURACY OR ITS COMPLIANCE WITH THE APPLICABLE PRIVACY LAW. INTELLIGENT COACH HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE) REGARDING THE COMPLIMENTARY POLICY, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE COMPLIMENTARY POLICY.
You may use the Complimentary Policy for the purposes of making available a privacy policy to the end users of the intelligent.coach platform we provide to you based on the Service, provided you review the Complimentary Policy before making it available to the end users and apply any necessary changes or amendments in order to ensure its accuracy, completeness, and compliance with the applicable Privacy Law. intelligent coach reserves the right to suspend its services to you or terminate your account or this Agreement for cause in the event that you use the Complimentary Policy in breach of this Agreement or violate the applicable Privacy Law when collecting, using, sharing, or otherwise processing or handling personally identifiable information, personal data, or similar information in connection with the mobile application we provide to you based on the Service.
You shall indemnify, defend, and hold harmless intelligent coach and its directors, officers, employees, agents, and contractors from and against all liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any claim or allegation by a third party (including, without limitation, end users and government authorities) that the Complimentary Policy, any revised version thereof, or the collection, use, sharing, or other processing or handling of personally identifiable information, personal data, or similar information you carry out in connection with the intelligent.coach platform we provide to you based on the Service violates or infringes the applicable Privacy Law.
Payments and Refund Terms
A valid credit card is required to bill your Monthly Maintenance Fee.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
If you add a Mobile App to your intelligent coach platform, intelligent coach will use commercially reasonable efforts to have the Mobile App approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Mobile App is denied by the appropriate mobile platform provider you may cancel your Monthly Maintenance Fee, the Mobile App will be shut down, however, there are no refunds for the App development or any monies already paid.
Cancellation and Termination
Term. This Agreement will be in effect from the time that the Service(s) is activated until (1) it is terminated as provided for by this Agreement or by any addendum to this Agreement or (2) it is replaced by a revised Agreement.
Monthly Maintenance Fee. You must cancel your subscription before your monthly renewal date and prior to debiting of funds to intelligent coach in order to avoid the next billing (each Monthly Period). We will bill the Monthly Maintenance Fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SERVICE PERIODS. intelligent coach shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all services remaining in the service period.
Cancellation. All cancellations must be made in writing, via email, to info@intelligent.coach. Sending an email to any other intelligent coach email address shall not constitute a proper notification of cancellation.
Your Obligations Upon Cancellation. Once an email is sent to info@intelligent.coach regarding cancelling your Service, an intelligent coach representative will reach out to you for a closeout interview within 48 hours. This exit interview is mandatory for cancelling your Service and intelligent coach will continue to bill your account if your exit interview does not occur within two (2) weeks.
intelligent coach reserves the right to refuse service to anyone for any reason at any time.
100% Satisfaction Guarantee Terms
If for whatever reason you are unsatisfied with your intelligent coach platform within the first month of service, intelligent coach guarantees to refund the first month of Monthly Maintenance Fee with no questions asked. intelligent coach is backed by a 100% satisfaction guarantee.
This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with the intelligent coach platform.
Modifications to the Service and Prices
intelligent coach reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
intelligent coach shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, intelligent coach may issue an update to your intelligent coach platform which may add, modify, and/or (in very rare circumstances) remove features from the application. These updates may be pushed out automatically with little or no notice, although intelligent coach will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded at www.YOUR-IC-SITE-URL/admin remain yours. However, by using the intelligent coach to publish your online course, you agree to allow your Learners (customers) to view and share your Content.
intelligent coach does not monitor Content, but intelligent coach and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
By posting Content on the Service, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute the Content.
When accessing or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your username or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All intelligent coach Content included on its site, its Software, and through the Service is the property of intelligent coach and is protected by U.S. and international intellectual property laws. All intelligent coach content, Software, code, HTML/CSS, and visual design data is copyright 2018 to Present intelligent coach.
General Conditions
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
Technical support is available via email. The technical support email address is support@intelligent.coach
You understand that intelligent coach uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any intelligent coach customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
intelligent coach does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that intelligent coach 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 (even if intelligent coach has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
The failure of intelligent coach to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service governs your use of the Service, superseding any prior agreements between you and intelligent coach related to the use of the Service (including, but not limited to, any prior versions of the Terms of Service).
In no event shall intelligent coach liability to you exceed the amount actually paid to intelligent coach by you during the preceding 12 months.
Any exclusions of liability contained herein are not applicable to residents of Arizona. With respect to residents of Arizona, intelligent coach shall not be liable for any damages resulting from the use of this Site or Service unless such damages are the result of our negligent or reckless acts or omissions.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.[/vc_column_text][/vc_column][/vc_row]
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