Koachable is a subsidiary of Fettle Inc., and herein, any mention of Koachable also implies any companies, or organizations included under the Fettle Inc. company banner or umbrella. Where you read Koachable mentioned in the remainder of these Terms, the same application is given to and implied of the parent company, Fettle Inc.
There are two classes of user in the system, that of a “Coach” and that of a “Client,” each of whom is granted different levels of access to our Services and may be subject to stipulation below.
You are responsible for your use of our Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and potentially through third party services like your Coach. You should only provide Content that you are comfortable sharing with others under these Terms, where applicable.
TIP: What Clients say and do on Koachable is viewable by us and your coach at a bare minimum.
You may use the Services only if you can form a binding contract with Koachable and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Koachable provides are constantly evolving and the form and nature of the Services that Koachable provides may change from time to time without prior notice to you. In addition, Koachable may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to change prices, functionality, limits on use and storage at our sole discretion at any time without prior notice to you.
Presently these Services do not include any advertising, but we may in future as we expand the functionality wish to include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Koachable on the Services are subject to change. In consideration for Koachable granting you access to and use of the Services, you agree that Koachable and its third party providers and partners may in future place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
TIP: You will be able to opt-out of our newsletter as per law. All other services are presently mandatory.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Presently we are only linking passwords to existing services from Google, Twitter and Facebook and you may be subject to different terms under the log-in provider you choose to use. Though these passwords are stored through the system you choose, we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Koachable cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Koachable be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss, injury or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We do however encourage you to connect with firstname.lastname@example.org, if you would like to file a complaint against someone you feel is infringing on your Content rights, or who is posting Content that you deem offensive, harmful, inaccurate, mislabeled, deceptive or otherwise inappropriate.
Koachable reserves the right to address these situations on a case by case basis and every effort will be made to ensure high quality Services are being provided to you the user.
You retain your rights to any Content you submit, post or display on or through our Services.
By submitting, posting or displaying Content on or through any of our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
TIP: This license is you authorizing us to make available the information you’ll want to share in your coaching programs and on our forums, or with any other user(s).
Koachable will not be held liable in any way for any Content shared by us or third parties, particularly by your coaches outside of our Services.
We simply cannot control the use of information going through our system on a regular basis in this way, not to mention it is incredibly likely that you’ve already formed a relationship with your coach outside of our system.
We encourage you to do your due-diligence is researching or signing up for programs distributed by a potential coach and report any suspicious behavior to email@example.com.
We will aim to obtain written permission from you before publicly revealing outside of our Services, any information that would personally identify you, but reserve the right to publicly broadcast anonymous information outside of our Services.
Anonymous information, is information that cannot personally identify you to others outside the system but can include general data from within your programs that can be collected and put to use for the enhancement of our product.
For example, we may wish to convey to investors or other users things like; the number of users in our system, the average length of their programs, the consistency within their programs, the average results, active user engagement, and other anonymous general data that may be used advantageously to enhance or promote our Services.
We can and will use anonymous Content in our marketing, social media, interviews, advertising, media content, blogs, case studies, testimonials and any other promotional vehicles.
We actively encourage all our users (especially your coaches) to gain written permission from you if they wish to use your Content in any of their marketing, social media, interviews, advertising, media content, blogs, case studies, testimonials or any other promotional vehicles.
Particularly if this information may personally identify you.
We also actively encourage you to gain written permission from your coaches and other users before you publicly share any Content they have made available to you. Your coaches or other users may own that Content, and some of it may be subject to copyright law.
If you believe us or other users in the system to be in violation of this policy, or would like to file a grievance in any other way, please contact us at firstname.lastname@example.org.
TIP: This license is you authorizing us to make your Content available to your coaches in order for them to provide an optimal service to you, while permitting us to enhance our Services for your betterment.
Koachable will not be held liable in any way for any Content shared by us or third parties, particularly by your clients outside of our Services.
By entering into this agreement with us, you understand that your Content will be shared with clients who sign up to be associated with your coaching programs and services. Koachable cannot control what your clients or other third parties who may have access to your Content, may publicly do with that content, and assumes no responsibility or liability for their actions regarding your Content.
We actively encourage all our users to gain written permission from you if they wish to use your information in any of their marketing, social media, interviews, advertising, media content, blogs, case studies, testimonials or any other promotional vehicles.
We actively encourage all of you to gain written permission from your clients and other users before you publicly share any Content they may have made available to you. The Content is owned by whomever put it in the system and some of it may be subject to copyright law.
This particularly applies to you in your relationship with your clients, and any information you want to share that may personally identify your clients to others, in or outside our Services.
If you believe us or other users in the system to be in violation of this policy, or would like to file a grievance in any other way, please contact us at email@example.com.
TIP: This license is you authorizing us to make your content available for use by your clientele and other users, while permitting us to enhance our Services for your betterment.
You agree that this license includes the right for Koachable to make such Content available to other companies, organizations or individuals who partner with or pay Koachable for the syndication, broadcast, distribution or publication of such Content on other media and Services, subject to these terms of service for such content use.
TIP: Read the specifics above for coaches and clients; Koachable has an evolving set of terms and conditions for how people within the ecosystem can and should interact with your Content. These rules exist to enable the betterment of the Koachable Services with your rights in mind. What’s yours is yours -- you own your Content (photos, videos, and any attachments you upload are included) but we’re permitted to broadcast it within the the Services.
Please contact firstname.lastname@example.org if you feel that these terms and conditions have somehow in your opinion been violated.
These additional uses by Koachable, or other companies, organizations or individuals who partner or pay Koachable or you, the user, within the system, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Presently, you understand that Koachable is in no way responsible for billing, invoicing, charging or otherwise getting monetary compensation for the use of your Content by other users, organizations, or companies within the Services. You are responsible presently for charging, billing, invoices and otherwise collecting monetary gain from the use of your Content within the system.
TIP: This essentially enables us to allow you to provide Content to others for free, but frees us of the responsibility to be financially responsible for the use of your Content. Making money off of your content is presently your responsibility.
You agree that this license includes the right for Koachable to make such Content available to other companies, organizations or individuals who partner with or pay Koachable for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to these terms of service for such Content, as written above.
In certain instances we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
TIP: This enables us to move and deliver your Content across multiple devices. For instance we may need to modify your content to fit certain screen sizes, or make it accessible to mobile devices. We also need to move the Content from our hosted servers to users at different locations via the Internet.
You are ultimately responsible for your use of the Services, for any Content you provide and for any consequences thereof, including the use of your Content by other users and any third party partners. You understand that your Content, may be re-broad-casted by us, our partners, and our users. If you do not have the right to submit Content for such use, it may be subject to your liability.
Koachable will not be responsible or liable for any use of your Content by Koachable in accordance to these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. Koachable strongly recommends that you create your own terms and services agreements that require a digital signature from others who may have access to your Content.
Koachable gives you personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Koachable as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefits of the Services provided by Koachable, in the manner permitted by these Terms.
All rights, title and interest in and pertaining to the Services (excluding Content provided by users as indicated above) are and will remain the exclusive property of Koachable and any future licensors. The Services are protected by copyright, and are subject to other laws of both Canada and foreign countries. There are certain instances where Services are also possibly protected by trademark or patent, which may be pending.
Nothing in the Terms gives you the right to misrepresent the Koachable name, any of the Koachable trademarks, logos, domain names, affiliated businesses or other distinctive brand features outside of the Services.
You are permitted to use only the Koachable name, domain services (as part of our Services) and logo in your marketing and promotional initiatives whereby it positively promotes or markets your own services or Koachable Services. Koachable reserves the right to deem what accurately and positively represents the Koachable name, logo, and domain services and any users found to be in misrepresentation of these Terms will be asked to remove such marketing or promotional material immediately before any potential legal dispute.
For example, you are selling a coaching program online and wish to use the Koachable logo on your sales page to promote the security or reliability of the program to potential clients.
TIP: This enables you to use the Koachable name, logo and any domains we provide you with (as part of our Services) as promotional or marketing material if it increases the value of your own products or services within our system.
Any feedback, comments, forum activity, support activity or suggestions you may provide regarding Koachable or the Services is entirely voluntary and we will be free to use such feedback, comments, forum activity, support activity or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation to) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim user-names. Please review these terms further to better understand what is prohibited within the Services.
We also reserve the right to access, read, preserve and disclose any information we reasonably believe is necessary to (i) satisfy any applicable law, legal process, regulation or other governmental request, (ii) enforce the Terms, including the investigation(s) of potential violations, (iii) detect, prevent, or otherwise address fraud, security or other technical issues, (iv) respond to user support requests or reported grievances (v) protect the rights, property or safety of Koachable, its users and the public.
You may not do any of the following while accessing or using the Services:
Our aim is to provide Services that allow all users to share, discover and receive Content that you have mostly created yourself, or the occasional pieces of Content from sources that may be of interest or benefit to you, and are referenced accordingly. We respect the ownership of the Content that users share or use, and each user is responsible for the Content he or she provides the Services. Due to these basic principles, we do not actively monitor user Content and will not censor user Content, except in the limited circumstances described in the following sections on Content Boundaries or Spam and Abuse.
In order to provide you with the optimal Koachable experience, users will all need the ability to communicate and stay connected with each other, under certain circumstances. That being said, there are some obvious limitations we are implementing to comply with legal requirements and make Koachable the best experience possible. We may need to change these rules as new challenges present themselves and we reserve the right to do so, at any time, without prior notice. Please check back to the terms frequently to see the latest:
For example: You cannot impersonate a famous coach in order to get more clients.
For example: You cannot assume the name of a famous coaching-related organization if they desire that user-name within our Services and they are entitled to it by law.
Koachable aims to protect all of our users from spam and any abuse. Technical abuse and user abuse is not tolerated on koachable.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are also subject to permanent suspension:
- the number of accounts you’ve created
- creating accounts for the purpose of preventing others from simply using those account names
- creating accounts for the purpose of selling those accounts
- using feeds of third-party content to update and maintain accounts under the names of those third parties
- if we receive more than one complaint from another user that they have been sent the same link or other piece of Content from you on a repeated basis that would not deliberately impact the state of the program they or you are presently involved with.
- if you post large amounts of Content mostly consisting of external links.
- you have a number of spam complaints filed against you
- you post duplicate content over multiple accounts or multiple duplicate updates on one account that are outside the necessary means of our Services
Your account may be suspended for violating these Terms if any of the above is true. Please contact us for more help in determining what may or may not be in violation of these terms at email@example.com. Accounts created to replace any suspended accounts will also be suspended. Accounts engaging in any of these behaviors will be investigated for abuse. Koachable reserves the right to terminate your account without notice, in the event that, in its judgement, you violate any of these Terms listed.
Koachable aims to respect the intellectual property rights of others and expects all users of the Services to do the same. Where applicable, users should appropriately quote their sources of information used within their Content to prevent any misleading representation(s). We can and will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please notify firstname.lastname@example.org and provide us with the following information:
We reserve the right to remove any Content alleged to be infringing without prior notice and at our sole discretion. When appropriate, Koachable may also terminate a user’s account if the user is determined to be a repeat infringer, at our sole discretion.
After your initial contact via email, you may be asked to further submit written documentation to a physical address provided to you.
The Services and Content may contain links to third-party website or external resources that have no affiliation with Koachable. You acknowledge and agree that we are not responsible or liable for:
Links to such websites or external resources do not imply any endorsement from Koachable. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or external resources.
Access to and use of the Services or any Content accessible to you is at your own risk. You understand and agree that the Services provided to you are done “AS IS” and “AS AVAILABLE.” Without limiting the foregoing, KOACHABLE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. We can make no warranty of and must disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content therein. Koachable will not be held responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content. You also agree that Koachable has no responsibility or liability for the deletion of, or the failure to accurately store or transmit, any Content and other communications managed or maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written obtained from Koachable (or it’s parent company) or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOACHABLE, AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
Some jurisdictions do not, or may not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The failure of Koachable to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the Province of British Columbia and the country of Canada, without regard to or application of its conflict of law provisions or your state, province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Vancouver, British Columbia, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you accept these Terms on behalf of a Canadian federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed according to the laws of Canada, and in the absence of federal law, to the extent permitted under federal law, and the laws of British Columbia.
We may revise these Terms from time to time, the most current version is always available at www.koachable.com/tos. By continuing to access or use the Services after any revisions become effective is to effectively agree and be bound to the new revised Terms.
These Services are operated and provided by Fettle Inc., 406-718 Main St., Vancouver, BC, Canada V6A 0B1. If you have any more questions about these Terms, please feel free to contact us at email@example.com
Effective: August 01, 2012