Terms of Use

Last Updated: 17 September, 2020

HELLO! WELCOME TO SMOL COACH’S TERMS OF USE PAGE

PLEASE READ THIS DOCUMENT CAREFULLY

  1. Introduction: What is the Terms of Use document?

    1. Smol Coach is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language.

    2. This Terms of Use document (“Terms” or “Agreement” or “this document”), as updated from time to time, sets out the terms for use of the Smol Coach platform. It governs both our coaches (“Users”) and our end users (“Clients”).

    3. When we refer to “You”, we mean both our users and our clients. Where we specifically mean one, we will make it clear.

 

  1. Introduction: What does it include?

    1. Our Terms of Use also includes our Privacy Policy, and any other documents referred to by those agreements.

    2. Certain of the services may be subject to additional terms and conditions specified by us from time to time; these are also incorporated into these Terms of Use by this reference.

    3. Any reference to Terms of Use also refers to these agreements, additional terms and conditions as listed above, and any other relevant agreements.

 

  1. Introduction: What does it govern?

    1. Smol Coach’s platform can be found primarily at www.smolcoach.com, and also includes all of the websites, subdomains, alternative domains, mobile applications, any other media, location, application, offered and sold, owned, managed, operated, etc. by Smol Coach and its parent company GIGI Benefits, Inc. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.

    2. When we refer to the word “services” in these Terms, we mean to include all products and services that the Platform offers, and that you order using our application, or by using the Smol Coach customer account. This also includes our services provided to you on a trial basis or otherwise free of charge.

    3. The Terms of Use govern any and all of the access to the Platform, and services (“Platform and Services”), whether you are a visitor, guest, user, or client, or any other type of person or entity.

 

  1. Introduction: Why should I read it?

    1. These Terms of Use set forth the legally binding terms and conditions for your use of the Platform and Services. Because this document represents our agreement with you about your use of our Platform and Services, please review this document and the terms in it, carefully. Once accepted, these terms become a binding legal commitment between you and Smol Coach.

    2. If you do not agree to be bound by these terms, please do not use any of our services, whether free or paid.

 

  1. Introduction: Your Eligibility

    1. You must be at least 18 years old to use the Platform and Services, or, if you are between the ages of 13 years and 18 years, you must have your parent or guardian’s permission to use the Platform and Services.

    2. By using the Platform and Services, you are telling us by your actions (represent and warrant) that you have obtained that permission. If you are under the age of 13 years you may not use our Platform and Services.

    3. If you are registering and using our Platform and Services on behalf of an entity or a third party, you are telling us by your actions (you represent and warrant) that you have full authority to bind that entity to these Terms of Use.

 

  1. Introduction: Your Acceptance of the Terms of Use

    1. You indicate acceptance of the Terms of Use by clicking a checkbox, or button, or in any way by accessing or using the Platform and Services in any manner, including but not limited to, visiting or browsing the website.

 

  1. Smol Coach: About Us

    1. Smol Coach provides an online platform designed to allow users to sell services online, delivered via any third-party, audio/ video streaming and communication platform.

    2. Smol Coach is not a content provider, neither is it an educational institution. Smol Coach is not responsible for interactions between users and clients, with the exception of providing the technological means through which users may broadcast and otherwise make available their services.

    3. Smol Coach is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the user/client relationship.

 

  1. Smol Coach: Account

    1. In order to use the Platform and Services, you must register for an account (an “Account”). You must provide accurate and complete information and keep your Account information updated.

    2. You are responsible for the activity that occurs on your Account, and for keeping your Account password secure. You can delete your Account through a request made to Smol Coach.

    3. You agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing Smol Coach.

 

  1. Smol Coach: Your Conduct and Use of Smol Coach

    1. You are responsible for remaining compliant with any applicable laws or regulations.You may use Smol Coach, and its Platform and Services only for lawful purposes.

    2. In particular, and although it does not need to be said, do not use Smol Coach, its Platform and Services to spam, troll, commit fraud, perform illegal activities, exploit, or in any way other than the Platform and Services are intended to be used.

    3. Further, do not use Smol Coach, its Platform and Services in a manner that interferes with someone else’s use of the Platform and Services.

    4. Do not interfere with the proper working of Smol Coach, its Platform and Services in any way, and in particular, through any denial of service, virus or other attacks.

    5. Do not attempt to copy, break, or gain unauthorized access to Smol Coach, its Platform and Services.

 

  1. Smol Coach: Licence to You

    1. Smol Coach grants You a limited, non-exclusive license to access and use the Platform and Services for your own personal and commercial purposes.

    2. This license is only for your use and may not be assigned or sublicensed to anyone else, without Smol Coach’s express written consent.

    3. Except as expressly permitted by Smol Coach in writing, you will not try to reproduce Platform and Services (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform and Services).

    4. You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform and Services.

    5. All rights not expressly granted by Smol Coach are reserved.

 

  1. Smol Coach: Payment

    1. You agree to pay us for using our Platform and Services (“Subscription Fees”). You may need to pay other fees where necessary (“Other Fees”).

    2. You agree to keep a valid payment method on file with us, and allow us to charge you Subscription Fees and Other Fees as per a previously agreed schedule.

    3. If you do not pay us, we may suspend, and then delete your account.

    4. We will reactivate your suspended account if you clear your dues within 1 year from the date of last payment.

    5. You are responsible for all applicable taxes that arise from or as a result of your subscription to or purchase of the Platform and Services.

    6. Smol Coach does not provide refunds, except where necessary by law.

 

  1. General: Third Party Services

    1. The Platform and Services may allow you to link to third-party products and services.

    2. When you access these on the Internet, you do so at your own risk. These other products and services are not under our control.

    3. Smol Coach is not responsible in any way for the content, functions and legality of the third-party products and services and we shall not be liable for any loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party products or services.

 

  1. General: Intellectual Property

    1. We do not claim any intellectual property rights over the materials or content (“content”) that you provide or upload to the Platform and services. They remain yours.

    2. The Platform and Services and original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GIGI Benefits, Inc. and its licensors. These are protected by copyright, trademark, and other laws of the United States.

    3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GIGI Benefits Inc.

    4. You agree to allow us to store the content, and allow other internet users to view content posted publicly. You are responsible for compliance of the content with any applicable laws or regulations.

    5. Smol Coach shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your account to promote the Platform and Services.

 

  1. General: Dispute Resolution

    1. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America.

    2. You agree that all disputes between you and Smol Coach will be resolved through a mediation, and then if needed, a binding individual arbitration.

    3. Prior to filing any arbitration, You and Smol Coach jointly agree to seek to resolve any dispute between us by mediation conducted by the American Arbitration Association (AAA), with all mediator fees and expenses paid equally by both parties. If mediation is not successful, either party may initiate an arbitration proceeding with AAA.

    4. You waive your right to participate in a class-action or class-wide arbitration.

 

  1. General: Limitation of Liability

    1. Your use of Smol Coach, its Platform and Services is at your sole risk. These are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

    2. Smol Coach, its team and management are not responsible for any kind of loss, injury, claim, or damages (in legal terms, lost profits, data loss, indirect or direct, special punitive, compensatory or consequential damages) resulting from

      1. Your use of the Platform and Services,

      2. any engagement with third-party products and services through us

      3. any malicious code or bugs.

    3. If our limitation of liability is not applicable, our sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Smol Coach over the prior three (3) months directly preceding your claim.

    4. If there is a situation of Force Majeure or an Act of God, Smol Coach shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

  1. General: Entire Agreement, Waiver and Severability

    1. These Terms of Use incorporate by reference any notices contained on the Platform and Services, and constitute the entire agreement with respect to access to and use of anything offered by Smol Coach.

    2. Any waiver by Smol Coach of any term or condition set forth in Terms of Use shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Smol Coach to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

    3. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    4. If any provision of the Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

    5. Also, the title, section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.

 

  1. General: Revisions or Updates to the Terms of Use

    1. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to such changes by updating the "Last updated" date of these Terms of Use.

    2. Please note that you waive any right to receive specific notice of each such change.

    3. It is your responsibility to periodically review these Terms of Use. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform and Services after the date on which such revised Terms of Use are posted.

 

  1. General: Feedback, Review and Beta Services

    1. Smol Coach welcomes any ideas and/or suggestions regarding improvements or additions to the Platform and Services.

    2. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Smol Coach be subject to any obligation of confidentiality or expectation of compensation.

    3. Smol Coach may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features (“beta”) that are in development and not yet available to all users.

    4. We make no representations or warranties that the beta will function. Smol Coach will have no liability for any harm or damage arising out of or in connection with a beta.

 

  1. General: Good Faith

    1. Smol Coach agrees to act in good faith.

    2. You agree to do the same.

 

  1. General: Communication

  1. For general inquiries, you may contact us at hello@smolcoach.com

  2. For support related inquiries, you may contact us at help@smolcoach.com or refer to our Help Center