Last Updated: 11/8/24
Agreement to Our Legal Terms
We are Fit Pro Essentials, INC, doing business as Coach Engine ("Company," "we," "us," "our") a company registered in Florida, United States.
We operate the website https://mycoachengine.com/ (the "Site"), the application https://app.mycoachengine.com/ (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 407-307-2552, email us at [email protected], or by mail to PO Box 4682, Winter Park, FL 32793, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Fit Pro Essentials, INC, concerning your access to and use of the Services. You agree that by accessing, browsing, or using the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
If you do not agree to these terms of use then you are expressly prohibited from using the Services and you must discontinue use immediately.
The services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Our Services
The information provided when using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for the compliance with local laws, and to the extent local laws are applicable.
The services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.) so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Account Creation
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. You agree to keep your password confidential and will be responsible for all use of your account and password. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Monthly Subscription
If paying by debit card or credit card, you give Us, as the merchant, permission to automatically charge your credit or debit card through Stripe as payment for your Coach Engine subscription without any additional authorization. This means that we are establishing a billing agreement between You and Us (Fit Pro Essentials, INC, PO BOX 4682 Winter Park, Florida 32793, United States) where you consent to allow us to bill you on a monthly recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel your subscription.
This means You authorize us (Fit Pro Essentials, INC) to charge your payment method through Stripe for a transaction and any other subsequent transaction can be derived from the same billing agreement. You acknowledge that the amount billed each time may vary for reasons that may include differing amounts due to promotional offers, including promotional code redemption, usage fees, and/or changing or adding an order, and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges.
You agree that you are financially willing and able to make payment by choice, and that by so doing, you are not incurring any economic hardship in any way. In the event that payment is not received by the date due, you will have a seven day grace period to make the payment, otherwise your account may be placed on hold and we reserve the right to cease your access immediately and permanently.
Usage Fees
Depending on your membership option, you may have $5, $20, or another amount of USD worth of credits per month per account. Unused credits always roll over to the following month. These credits will never expire as long as your subscription with Coach Engine remains active.
Usage beyond your allotted credits may incur additional fees. You understand and agree that usage prices may vary and are subject to change, and that you are responsible for any costs incurred beyond your monthly credits.
You acknowledge and agree that while the rates provided herein offer an initial guideline, they are subject to change at any time without prior notice. You are responsible for regularly reviewing the updated usage prices, which may vary, and for any costs incurred beyond the initial credits provided.
Phone usage: .021/min to make calls, .0128/min to receive calls, .0119/sms message
Phone registration: varies on average from $4.40 to $25 (one time registration fee)
Email usage: .001/email, .0037/optional email verification
Content AI: .135/1000 words, .09/image
Premium Triggers & Actions: .015/trigger or action
Workflow AI: .045/workflow
Conversation AI: .03/message
WhatsApp Conversation: .111/conversation
Reviews AI: .12/review response
Pricing Changes
We may, from time to time, make changes to the subscription fee and usage fees and will communicate any price changes to you in accordance with applicable law.
Cancellation
All purchases including subscription and usage fees are non-refundable.
To cancel Coach Engine's services, you must provide at least a 48-hour notice before the end of your current term. You can cancel by contacting us at [email protected]. Your cancellation will take effect at the end of the current paid term.
Upon cancellation, all user data will be deleted.
In the case of a transfer request, you understand and agree that account transfers to other High Level agencies are not permitted due to the licensing of our proprietary content and intellectual property. However, we will assist with contact export if needed, should you ever wish to transition to a different agency.
Intellectual Property
Both parties agree not to share each other's confidential information without written consent.
Changes to Terms of Use
Coach Engine reserves the right to modify these terms or update the information on the Services (including updating descriptions, pricing, availability, and various other information) at any time, and users are responsible for regularly reviewing these terms. We will alert you about any changes by updating the "Last updated" date at the top of this page to stay informed of updates. Continued use of Coach Engine constitutes acceptance of any modified terms. Changes to this Terms of Use are effective when they are posted on this page.
Indemnification
User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all claims, losses, costs, judgments, expenses, liabilities, or damages, including, or fees without limitation, court costs and reasonable attorney’s fees arising out of (1) user’s use or misuse, whether intentional or negligent of the Company’s content and information (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you are connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Disclaimer
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use of thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy of completeness of the services' content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
Limitation of Liability
In no event shall the Company, its officers, affiliates, directors, agents, and employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages including lost profit, lost revenue, loss of data, business interruption, or other damages arising from your use of the Services, even if we or an authorized representative of the Company has been notified orally or in writing of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited tot he amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Contact
Please contact us with any questions or concerns regarding our Terms of Use.
Email: [email protected]