Terms of Service
These Terms of Service (“Terms”) are a binding agreement between you and your organization (“Customer,” “Coach,” “you”) and Designatic, LLC, a Colorado limited liability company doing business as CoachingHQ (“CoachingHQ,” “we,” “us”). They govern your access to and use of the CoachingHQ.ai website and the CoachingHQ dashboard, wins pages, and related services (the “Service”).
By creating an account, submitting your details, connecting Trainerize, or using the Service, you agree to these Terms and to our Privacy Policy and Data Processing Agreement. If you do not agree, do not use the Service.
1. The Service
CoachingHQ is a business analytics and client-retention tool for fitness coaches. It connects to your Trainerize account using a read-only API key you provide, syncs your data, and presents dashboards, at-risk-client flagging, and client-facing wins pages. We may update, improve, or modify the Service over time.
2. Eligibility & business use
The Service is intended solely for businesses and professionals. You represent that you are at least 18 years old, are using the Service for business purposes, and have authority to bind your organization to these Terms. The Service currently supports coaches who use Trainerize.
3. Accounts & credentials
- You are responsible for the accuracy of the information you provide and for maintaining the confidentiality and security of your account credentials.
- You provide your own read-only Trainerize API key and Business ID. You are responsible for generating, safeguarding, and revoking these credentials. You may revoke access at any time within Trainerize.
- You are responsible for all activity that occurs under your account.
4. Subscriptions, fees & payment
- Plans. The Service is offered on subscription plans based on the plan and client tier you select, plus any one-time onboarding/setup fee described at the time of purchase. Current pricing is shown on our website or in your order/quote.
- Billing cycles. Subscriptions are billed in advance on a monthly or annual (paid-in-full) basis, as selected at purchase.
- Founding / locked pricing. If we offer you founding or locked-rate pricing, the specific rate and any conditions will be stated in your order or written confirmation, and those terms control for your subscription.
- Auto-renewal. Unless you cancel before the end of the then-current term, your subscription automatically renews for another term at the then-current rate (or your locked rate, if applicable), and you authorize us (through our payment provider) to charge the applicable fees.
- Payment processing. Payments are processed by our third-party provider Easy Pay Direct. You agree to provide accurate billing information and authorize the applicable charges.
- Taxes. Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes.
- Late or failed payment. If a payment fails or is overdue, we may suspend or terminate the Service after reasonable notice.
5. Cancellation & refunds
- You may cancel your subscription at any time by contacting hello@coachinghq.ai. Cancellation stops future renewals; your current paid term continues to its end and you retain access through that period.
- Monthly plans: cancellation takes effect at the end of the current billing month; you retain access through that period.
- Annual (paid-in-full) plans: cancellation stops future renewals; you retain access through the end of the current annual term. The current term is not pro-rated or refunded for unused time, except under an applicable money-back guarantee below or as required by law.
- Setup fees, where charged, are non-refundable once onboarding work has begun, except as required by law. For founding-cohort coaches whose setup fee is waived under our founding offer, no setup fee applies.
- Money-back guarantee. Depending on the plan or offer you purchased, your subscription may include a money-back guarantee of either thirty (30) or sixty (60) days from the start of your initial subscription, as stated in your order or offer at the time of purchase; our first ten (10) founding coaches receive a sixty (60)-day guarantee. To request a refund under an applicable guarantee, email hello@coachinghq.ai within the stated window; we will refund the subscription fees paid for that period and end your subscription.
- Except as expressly stated above or required by law, fees are non-refundable.
6. Your data & responsibilities
“Customer Data” means data you submit or that we sync from your Trainerize account on your behalf, including data about your clients (“End Clients”). As between you and us, you own and are responsible for Customer Data.
You represent and warrant that you have all rights, permissions, and consents necessary to provide End Client data to CoachingHQ and to have us process it as described in these Terms, the Privacy Policy, and the Data Processing Agreement. You are the “controller” of End Client data; we act as your “processor.”
You grant us a non-exclusive license to host, process, and display Customer Data solely to provide and improve the Service and as instructed by you.
7. Acceptable use
You agree not to:
- Use the Service unlawfully or in violation of any third party’s rights;
- Upload data you do not have the right to share, or any Protected Health Information (PHI) governed by HIPAA (see Section 8);
- Reverse engineer, copy, resell, or create derivative works from the Service except as permitted by law;
- Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its infrastructure;
- Introduce malware or use the Service to send spam or harass any person; or
- Exceed or circumvent usage limits, including Trainerize API rate limits.
8. HIPAA
CoachingHQ is a general fitness and coaching tool. It is not a HIPAA covered entity or business associate, and the Service is not designed for Protected Health Information as defined by HIPAA. You agree not to submit PHI to the Service. This is a statement of intended use, not a guarantee of regulatory status.
9. Third-party services & Trainerize dependency
The Service depends on third-party platforms, including Trainerize, and on our sub-processors (see the Privacy Policy). We are not responsible for third-party services, their availability, changes to their APIs, or their terms. If Trainerize changes or restricts API access, the Service may be affected, and we are not liable for resulting limitations.
10. Intellectual property
The Service, including its software, design, and content (excluding Customer Data), is owned by Designatic, LLC and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, subject to these Terms. You may provide feedback, which we may use without restriction.
11. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data synced from Trainerize will be complete or accurate. The Service provides analytics and signals to assist your judgment; it is not a substitute for your professional decisions.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.
To the maximum extent permitted by law, CoachingHQ’s total aggregate liability arising out of or related to these Terms or the Service will not exceed the amounts you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
13. Indemnification
You will defend, indemnify, and hold harmless Designatic, LLC and its owners, employees, and agents from and against any claims, damages, liabilities, and costs (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Data, including any failure to obtain required consents from End Clients; (b) your use of the Service; or (c) your breach of these Terms or violation of law.
14. Term, suspension & termination
- These Terms apply while you use the Service. Either party may terminate a subscription as provided in Section 5.
- We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to us, the Service, or others.
- On termination, your right to use the Service ends and we will delete or de-identify Customer Data as described in our Privacy Policy and DPA, subject to legal retention requirements.
- Provisions that by their nature should survive termination (e.g., fees owed, disclaimers, limitation of liability, indemnification, governing law) survive.
15. Changes to the Service or Terms
We may modify these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service.
16. Governing law & disputes
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Before bringing any claim, the parties will first try in good faith to resolve it informally by contacting hello@coachinghq.ai (a 30-day informal-resolution period). Any dispute not resolved that way will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Boulder County, Colorado, and conducted on an individual basis only. To the maximum extent permitted by law, you and CoachingHQ waive any right to a jury trial and to participate in any class, collective, or representative action. Notwithstanding the foregoing, either party may bring claims for injunctive relief, or relating to intellectual property or unauthorized access, in the state or federal courts located in Boulder County, Colorado, and you consent to personal jurisdiction there.
17. Miscellaneous
These Terms, together with the Privacy Policy and DPA, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us should go to the contact below.
18. Contact
Designatic, LLC (DBA CoachingHQ)
Registered agent: Hutchinson Black and Cook, Boulder, Colorado
Mailing address: c/o Hutchinson Black and Cook, LLC (registered agent), 921 Walnut St #200, Boulder, CO 80302
Email: hello@coachinghq.ai