Terms of service
Terms of service
1. About these terms
These terms are a legally binding agreement between Outcoach pty ltd (Outcoach, we, us or our) and the person or entity that registers for, accesses or uses the services (you or customer).
If you use the services on behalf of a business, club, school, studio, association or other organisation, you confirm that you have authority to bind that organisation to these terms.
If you do not agree to these terms, you must not access or use the services.
2. Definitions
Account means the account used to access the services.
Customer data means data, content and materials submitted to or stored in the services by or for you, including student, parent, coach, staff and class information.
End user means any person invited, added or otherwise permitted by you to access or interact with the services under your account.
Services means Outcoach’s website, web application, mobile application, apis, features, ai-enabled features, support and related services made available by Outcoach.
Subscription term means the monthly or annual period for which you subscribe to the services.
3. Eligibility and authority
You must be at least 18 years old to create an account or enter into these terms.
You are responsible for ensuring each person who accesses the services through your account is authorised to do so and complies with these terms.
Where you collect or upload information about minors, students, parents or guardians, you are responsible for having the legal authority and any required notices or consents to collect, use and disclose that information through the services.
4. Account registration and security
You must provide accurate, current and complete account information and keep that information updated.
You are responsible for maintaining the confidentiality of login credentials and for all activity that occurs under your account, whether authorised by you or not, unless caused by Outcoach’s own breach of law or these terms.
You must notify us promptly if you become aware of unauthorised access, a security incident or misuse of your account.
5. Subscription, trials and plan changes
We may offer a free trial or promotional access period. Trials are offered at our discretion and may be changed, limited or withdrawn at any time.
At the end of a trial, your access may be restricted unless you move to a paid plan.
You may upgrade or downgrade your plan where that option is made available in the services. Changes may take effect immediately or from the next billing cycle, depending on the plan settings shown at the time.
Some features, usage limits, messaging credits, integrations or storage allowances may vary by plan.
6. Fees, billing and taxes
Subscription fees, usage-based fees and any add-on charges are payable in the currency stated at checkout or on your order page or as agreed with Outcoach.
Unless stated otherwise, fees are exclusive of gst and any other applicable taxes, duties or levies.
By subscribing, you authorise Outcoach and its third-party payment processors to charge your nominated payment method on a recurring basis during the subscription term.
Subscriptions renew automatically for the same subscription term unless cancelled before the renewal date shown in your account or billing settings.
You must keep your billing information current. We may suspend access if payment is overdue, declined, reversed or subject to chargeback.
Fees are non-refundable except where these terms expressly say otherwise or where required by law, including under the australian consumer law.
We may change our pricing from time to time. If we do, we will give reasonable prior notice before the new pricing applies to a renewal or future purchase.
7. Customer responsibilities
You are responsible for configuring the services for your business and for how you use the services in your operations, including class scheduling, attendance, communications, billing and record keeping.
You are responsible for the accuracy, quality and legality of customer data and for the means by which you acquired it.
You must comply with all laws that apply to your use of the services, including laws relating to privacy, child safety, spam and electronic communications, consumer protection, health information, record retention and tax or invoicing obligations.
If you use the services to send SMS, email, push notifications or other communications, you are responsible for the content, recipients, timing and legal basis for those communications.
You are responsible for obtaining and maintaining any internet connection, hardware, third-party software and third-party accounts needed to use the services.
8. Sensitive data and minors
The services may allow you to store information relating to children or sensitive matters such as injuries, allergies, emergency contacts or progress records. You must only upload that information where you are legally permitted to do so.
You acknowledge that you are responsible for giving any privacy notices and obtaining any parental, guardian or other consents required for your collection and use of that information through the services.
You must not use the services to store highly sensitive information unless the services are clearly intended for that purpose and you have assessed that use as lawful and appropriate for your organisation.
9. Acceptable use
You must not, and must not allow others to, use the services to: (a) break any law or infringe another person’s rights; (b) upload malicious code or harmful material; (c) interfere with the security, integrity or performance of the services; (d) probe, scan or test vulnerabilities without our written approval; (e) scrape, copy, mirror or frame the services except as permitted by law; (f) resell, sublicense or commercially exploit the services except as expressly authorised by us in writing; (g) use the services to build a competing product or service; or (h) misuse ai-enabled features to generate unlawful, deceptive, infringing, abusive or harmful content.
We may monitor use of the services for security, support, billing and product improvement purposes, subject to our privacy policy.
10. Customer data
As between you and Outcoach, you retain all right, title and interest in customer data.
You grant Outcoach a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, process, display and otherwise use customer data only as reasonably necessary to provide, secure, support and improve the services, to comply with law, and as otherwise permitted by these terms and our privacy policy.
We may generate and use aggregated, statistical or de-identified information derived from customer data for analytics, service improvement, benchmarking and operational purposes, provided that information does not identify you or any individual.
11. Privacy
Our handling of personal information is described in our privacy policy.
Where Outcoach processes personal information on your behalf as part of providing the services, you appoint us to do so in accordance with these terms and our privacy policy.
Nothing in these terms reduces any rights or obligations that cannot lawfully be excluded under applicable privacy laws.
12. Ai-enabled features
Some features may use artificial intelligence, machine learning or automated assistance. Those features may generate content, suggestions, classifications or summaries that are incomplete, inaccurate or unsuitable for your situation.
You are responsible for reviewing and validating ai-generated outputs before relying on them for operational, commercial, legal, safety, child-related or instructional decisions.
You must not use ai-enabled features in a way that breaches law, infringes rights or exposes individuals to unfair, harmful or unsafe outcomes.
We may add, change, limit or withdraw ai-enabled features at any time.
13. Third-party services and payment processors
The services may integrate with or link to third-party products and services, including payment gateways, email or messaging services, calendar tools, storage providers, app stores and analytics tools.
Your use of any third-party service is governed by that provider’s own terms and policies. Outcoach is not responsible for third-party services and does not guarantee their ongoing availability, compatibility or security.
Payment processing is provided by third parties such as Stripe or other providers we choose from time to time. Outcoach does not store full payment card details on its own servers unless expressly stated otherwise.
14. Intellectual property
Outcoach and its licensors own all rights, title and interest in the services, including all software, designs, interfaces, workflows, databases, documentation, branding, text, graphics and other materials, and all related intellectual property rights.
Except for the limited rights expressly granted under these terms, no rights are granted to you.
If you provide feedback, suggestions or ideas about the services, you grant Outcoach a perpetual, irrevocable, worldwide, royalty-free right to use and exploit them without restriction or obligation.
15. Availability, support and changes
We will use reasonable care and skill to provide the services, but we do not promise uninterrupted or error-free availability.
From time to time we may carry out maintenance, release updates, patch security issues, add or remove features, change user interfaces or modify integrations.
We may suspend access to some or all of the services where reasonably necessary for maintenance, security, legal compliance, risk management or protection of other users.
16. Data retention, export and deletion
During an active paid subscription, you may be able to access and export certain customer data through the product features we make available from time to time.
After cancellation or termination, we may retain customer data for a limited period where reasonably necessary for backup, billing, fraud prevention, legal compliance, dispute resolution or enforcement of our rights.
Unless required by law to keep it longer, we may delete customer data after the retention period that applies to your account or plan.
You are responsible for exporting any data you need before cancellation or termination takes effect.
17. Confidentiality
Each party may receive confidential information from the other in connection with the services.
A receiving party must use the other party’s confidential information only for the purpose of these terms and must protect it using reasonable care.
This clause does not apply to information that is public through no fault of the receiving party, already lawfully known, independently developed, or required to be disclosed by law.
You agree that Outcoach may identify you as a customer and display your name, logo and non-confidential business details on our website, in case studies, and in marketing or promotional materials. You may ask us to stop doing this at any time by emailing support@outcoach.io, and we will action the request within a reasonable period (usually up to 30 days).
18. Suspension and termination
You may cancel your subscription at any time. Unless we say otherwise in writing, cancellation takes effect at the end of the current paid subscription term.
We may suspend or terminate your access immediately if: (a) you materially breach these terms; (b) payment is overdue; (c) your use poses a security, legal or operational risk; (d) we are required to do so by law; or (e) continuing to provide the services to you is no longer commercially practicable.
Where the issue can reasonably be fixed, we will usually try to give you an opportunity to remedy it first. We do not have to do so where the risk is urgent, unlawful or serious.
On termination, your right to use the services ends immediately.
19. Warranties and consumer guarantees
Nothing in these terms excludes, restricts or modifies any consumer guarantee, statutory right or other right that cannot lawfully be excluded, including rights under the australian consumer law.
Subject to the previous sentence, the services are provided on an as is and as available basis and, to the maximum extent permitted by law, Outcoach excludes all implied warranties, representations and conditions, including as to merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability and accuracy.
20. Limitation of liability
To the maximum extent permitted by law, Outcoach is not liable for any indirect, incidental, special, exemplary, punitive or consequential loss, or for loss of profits, revenue, goodwill, business opportunity, anticipated savings or data.
To the maximum extent permitted by law, Outcoach’s aggregate liability arising out of or in connection with the services or these terms is limited to the total fees paid by you to Outcoach for the services in the 12 months before the event giving rise to the claim.
If a law implies a condition, warranty or guarantee into these terms that cannot be excluded, our liability for breach of that term is limited, where permitted by law, to re-supplying the relevant services or paying the cost of re-supplying them.
21. Indemnity
You indemnify Outcoach and its officers, employees, contractors and agents against any third-party claim, loss, liability, damage, cost or expense arising from or connected with: (a) customer data; (b) your misuse of the services; (c) your breach of these terms; or (d) your breach of law or another person’s rights.
This indemnity does not apply to the extent the claim was caused by Outcoach’s own breach of these terms, negligence or unlawful conduct.
22. Force majeure
Outcoach is not liable for delay or failure to perform to the extent caused by events beyond our reasonable control, including internet failures, cloud or hosting outages, telecommunications failures, labour disputes, natural disasters, pandemics, government action or failure of third-party service providers.
23. Disputes
Before starting court proceedings, each party must first try to resolve the dispute in good faith by giving written notice and allowing a reasonable period for discussion.
If the dispute is not resolved, either party may start proceedings in the courts of victoria, australia, unless another mandatory law requires a different forum.
24. General
These terms, together with any order page, pricing page, service-specific terms and our privacy policy, form the entire agreement between you and Outcoach in relation to the services.
If any provision is unenforceable, the rest of these terms will continue in effect.
A failure or delay in exercising a right is not a waiver of that right.
You may not assign or transfer these terms without our prior written consent. We may assign these terms as part of a corporate restructure, sale, merger or transfer of the services or business.
These terms are governed by the laws of victoria, australia.
25. Contact details
Outcoach pty ltd
email: support@outcoach.io
website: https://Outcoach.Io