Introduction
The following Terms and Conditions (‘Terms’) govern your use of the CoachFives app and website, available at coachfives.com (‘the App’).
The App is owned and operated by CoachFives Inc., a corporation incorporated in the State of Delaware, United States (‘we’, ‘us’, ‘our’).
By visiting or using the App, you, the customer (‘you’, ‘your’), are entering into a legally binding agreement with CoachFives Inc. and agree to these Terms in full.
We may amend these Terms from time to time. Any changes will be communicated to you by email and updated on the App. If you do not agree to any change to these Terms, you must stop using the App.
Headings in these Terms are for ease of reference only and shall not affect their interpretation.
1. Intellectual property
1.1 The contents, design, and materials made available through the App, including the Skill Ladder framework, Player Reports, and all related features (‘the Content’), are the intellectual property of CoachFives Inc. You may not use, reproduce, or allow anyone else to use or reproduce any trademarks or other intellectual property without prior written permission from CoachFives Inc.
1.2 The software that operates the App may not be used except as expressly permitted under these Terms. You may not copy, reverse engineer, modify, damage, or otherwise alter the software.
2. Use of content
2.1 The Content is strictly for your personal, non-commercial use in connection with your coaching activities. You may access and use the Content on a computer, phone, or tablet for that purpose only.
2.2 You may not copy, reproduce, record, modify, transmit to any other website, remove trademark or copyright notices from, or commercially exploit the Content without prior written permission from CoachFives Inc.
3. Your account and personal information
3.1 Access to the App is only available to registered subscribers. Each registration is for the personal use of the registered user only. You may not share your username and/or password with any other person, and you may not share or transfer your subscription.
3.2 You are responsible for all use of the App under your username and password. You agree to notify us immediately if you become aware of the loss, theft, or unauthorised use of your credentials or of the Content.
3.3 You are responsible for keeping your personal information, including your email address, up to date, and for keeping your username and password secure.
3.4 If a registered user is found to be in breach of these Terms, we may cancel or suspend access to the App without further obligation to you.
3.5 Parents or guardians must register and manage the account on behalf of any player under 18 years old.
4. Subscription orders
4.1 By submitting an order on the App, you agree to these Terms.
Your contract with us is formed on the first to occur of:
(a) us providing you with paid-for or free access to the App; or
(b) you completing a subscription order and payment, and us providing you with access to the App.
5. Access to the App
5.1 Access to the App is provided online for the duration of your subscription period. You will be notified by email of any significant new features or updates.
5.2 We reserve the right to suspend, change, or modify the App or its Content, or to restrict access, at our discretion and at any time.
5.3 CoachFives Inc. is not responsible for failure to deliver access to the App due to circumstances beyond our reasonable control, including but not limited to: filtering of our emails by spam or blocking services, errors in the email address you have provided, or failure to keep your contact details up to date.
6. Price
The price of your subscription will be clearly set out during the order process. Prices may change as described in clause 7.1. You also agree to pay any fees charged by your bank or card provider, including any currency conversion fees where applicable.
7. Payment, auto-renewal, free trials, cancellation, and refunds
7.1 Payment and auto-renewal
Your subscription includes enrolment in an automatic recurring payment plan. Your subscription will renew automatically at the end of each billing period unless cancelled in accordance with the instructions below.
If your renewal payment is declined by your bank or card provider, you will have 14 days to provide updated payment details or your subscription will be cancelled.
Payment is charged to your chosen payment method at the point of purchase and at the start of each new billing period, unless you have cancelled. We reserve the right to change our pricing. In the event of a price change, we will notify you by email at least 28 days before the change takes effect. If you do not wish to accept the new price, you may cancel your subscription in accordance with the instructions in that email and in clause 7.3 below. If you do not cancel before the start of your next billing period, your subscription will renew at the updated price and you authorise us to charge your payment method accordingly. You are responsible for any third-party internet access costs incurred in connection with your use of the App.
7.2 Free trials
Your subscription may begin with a free trial. Your first payment will be charged immediately following the end of the free trial, unless you cancel before it ends. You may cancel at any time during the free trial. We will make the terms of the free trial clear when you register. We will not send a separate reminder that your free trial is ending or that your paid subscription has begun.
7.3 Cancellation and refund policy
You may cancel your subscription at any time before the end of your current billing period or free trial. Cancellation takes effect at the end of the current billing period or free trial. To cancel, go to My Account, then Subscriptions, and click ‘Cancel’. You will continue to have access to the App until the end of the current billing period.
We do not offer refunds or credits for partially used billing periods.
You have a statutory right to cancel within 14 days of signing up. However, by accessing the App during that period you acknowledge that you have agreed to the immediate provision of digital services and that doing so may affect your right to withdraw.
8. Order processing
8.1 We will process your order as promptly as reasonably possible. Your order is accepted once we have verified your registration, payment, and account details.
8.2 When you place an order, you must provide complete and accurate payment information. By submitting your payment details you confirm that you are authorised to use them. If payment authorisation is declined or subsequently cancelled, we may immediately suspend or cancel your access to the App. Parents or guardians must register and manage the account on behalf of any player under 18 years old.
9. Contact and queries
We will provide the App in accordance with these Terms and the terms of any applicable offer or promotion. If you have any questions or queries, please contact us at hello@coachfives.com.
10. Payment processing
All payments are processed securely by Stripe. We do not store your full payment details on our systems.
Stripe uses secure payment tokens to create and manage subscriptions. The only payment information stored on our systems is the last four digits and expiry date of your card, which is used to send renewal reminders. All other payment data is held securely by Stripe in accordance with their own terms and privacy policy. You can update your payment details at any time by going to My Account, then Subscriptions, and clicking Update.
For more information on how Stripe handles your data, please visit stripe.com.
11. Usage rules
Use of the App requires a compatible device and an active internet connection. Certain features may require periodic software updates. Your experience may be affected by the performance of those updates. The App is accessible from most internet-connected computers, phones, and tablets.
A stable broadband or mobile internet connection is required for full use of the App.
Service availability
There may be times when the App or some of its features are unavailable, including during maintenance or updates, in the event of power or server outages, or as a result of circumstances beyond our reasonable control such as natural disasters, civil unrest, or other force majeure events. We will make reasonable efforts to give you advance notice of planned service interruptions. Where the App is unavailable for reasons beyond our control, we will have no liability to you.
There may also be times when we need to remove or restrict certain features or functionality. We will make reasonable efforts to notify you of any such changes, but reserve the right to do so without notice where necessary.
12. Privacy and cookies
12.1 CoachFives Inc. is responsible for the processing of your personal data in connection with your use of the App. For full details of how we collect, use, and share your information, please see our Privacy Policy, available at coachfives.com/privacy.
12.2 For information about how we use cookies, please see our Cookies Policy, available at coachfives.com/cookies.
13. Communication preferences
You can update your communication preferences at any time by going to My Account, then Profile.
14. Limitation of liability and indemnity
14.1 Whilst every reasonable effort has been made to ensure the accuracy and quality of the Content and features provided through the App, CoachFives Inc. gives no warranty or guarantee as to the completeness, accuracy, or fitness for purpose of the Content.
14.2 You agree to indemnify us against any claim or demand made by any third party arising out of: (a) your use of the App or Content; or (b) any infringement by you, or by any person accessing the App using your credentials, of any intellectual property or other right of any third party.
14.3 Subject to clauses 14.4 and 14.6, we will be responsible for losses you suffer that are a direct and reasonably foreseeable result of our breach of these Terms.
14.4 We will not be responsible for: (a) any business loss, including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure; or (b) any indirect or consequential loss that was not reasonably foreseeable at the time you purchased your subscription.
14.5 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
14.6 Subject to clause 14.5, our maximum total liability to you will not exceed the amount of the most recent subscription fee you paid to us.
15. Events beyond our reasonable control
We will not be held responsible for any delay or failure to meet our obligations under these Terms where that delay or failure results from any cause beyond our reasonable control. This clause does not affect your statutory rights.
16. Governing law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States. Any disputes or claims arising under or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts of the State of Delaware, United States.
