Outcoach Terms of Use
1. Acceptance of Terms
Thank you for choosing Outcoach Pty Ltd (“Outcoach”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) form a legally binding agreement between you (“you”, “your”, “User”) and Outcoach governing your access to and use of our website at https://outcoach.io, web application, mobile application, and related services (collectively, the “Application” or “Services”).
By accessing or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company, organisation, or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree with these Terms, you must not use the Services.
Outcoach may update these Terms from time to time. The most current version will always be posted on our website. If any material changes are made, we will notify you by email or in-app at least 10 days before they take effect.
2. Intellectual Property Rights
All intellectual property rights in and to the Services, including software, code, interfaces, databases, graphics, text, images, trademarks, and other materials, are and shall remain the exclusive property of Outcoach or its licensors. You may not copy, modify, reverse engineer, distribute, display, or create derivative works of any part of the Services except as expressly permitted in writing by Outcoach.
You retain ownership of the data and content you upload (“User Data”). You grant Outcoach a worldwide, royalty-free licence to host, process, store, transmit, and display User Data as necessary to provide the Services. Outcoach may use aggregated and de-identified data to operate and improve the Services, provided such data cannot identify you or your organisation.
Any feedback or suggestions you provide may be used by Outcoach without obligation or restriction.
3. Licence and Acceptable Use
Outcoach grants you a limited, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms. You agree not to:
- Access or use the Services to build a competing product or service;
- Circumvent billing, usage limits, or access controls;
- Upload or transmit viruses, malware, or harmful code;
- Use automated systems (e.g., bots or scrapers) to access the Application;
- Transmit unlawful, defamatory, infringing, or otherwise prohibited content;
- Interfere with or disrupt the integrity or performance of the Services; or
- Use the Services in violation of any law or regulation.
We may suspend or terminate your account immediately if you breach these Terms or misuse the Services.
4. Account Registration
To use most features, you must create an account, provide accurate and current information, and keep your password confidential. You are responsible for all activities under your account. Outcoach is not liable for losses arising from unauthorised use of your credentials.
5. Free Trial
Outcoach offers a 30-day free trial to new users. At the end of the trial, access will be suspended unless you upgrade to a paid subscription. If you do not upgrade, your account and data may be deleted after 30 days. We may modify or withdraw trials at any time.
6. Fees and Payment
Paid subscriptions are billed in AUD unless stated otherwise and are exclusive of applicable taxes. Payments are processed via third-party providers (e.g., Stripe). By subscribing, you authorise recurring charges to your payment method. Subscriptions renew automatically unless cancelled at least seven (7) days before the next billing cycle.
We may suspend or terminate access for overdue or failed payments. Fees are non-refundable except where required by law. We may correct pricing errors and modify fees on reasonable notice.
7. Cancellations and Termination
You may cancel at any time via your account or by contacting us. Cancellation takes effect at the end of the current paid term. No refunds or credits are issued for unused periods. Account data may be permanently deleted 30 days after cancellation.
We may terminate or suspend access at any time, with or without notice, if you breach these Terms, if required by law, or if continued use could cause harm. Upon termination, all rights granted under these Terms cease.
8. User-Generated Content
You may upload content such as images, text, or videos (“User Content”). You retain ownership of your User Content but grant Outcoach a worldwide, royalty-free licence to host, use, reproduce, and display such content to operate and improve the Services. You warrant that your content does not infringe third-party rights, is lawful, and complies with these Terms. Outcoach may remove or disable access to content that violates these Terms or applicable law.
9. Third-Party Links and Integrations
The Application may contain links to or integrations with third-party websites or services. Outcoach does not endorse and is not responsible for third-party content, accuracy, or practices. Your use of third-party services is governed solely by their terms and policies.
10. Security and Data Protection
We implement administrative, physical, and technical safeguards consistent with industry standards to protect your data. However, no method of transmission or storage is completely secure, and you use the Services at your own risk. For details on data collection and processing, see our Privacy Policy.
11. Data Retention and Backups
You are responsible for maintaining copies of your data. We perform routine backups but do not guarantee recovery in all circumstances, including user deletion, cancellation, or force majeure events.
12. Modifications to Services
We may modify, suspend, or discontinue any part of the Services at any time. We will use reasonable efforts to notify users in advance of material changes or discontinuation. We are not liable for any modification or discontinuance.
13. Disclaimers
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Outcoach disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not guarantee uninterrupted, secure, or error-free operation.
14. Limitation of Liability
To the fullest extent permitted by law, Outcoach and its officers, directors, employees, agents, and affiliates will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of data, profits, or revenue. Our total liability for any claim shall not exceed the total amount paid by you for the Services in the 12 months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so these may not apply.
15. Indemnification
You agree to indemnify, defend, and hold harmless Outcoach and its officers, employees, contractors, and affiliates from and against any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising out of your use or misuse of the Services, your violation of these Terms, or your infringement of any third-party rights.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Australia and the State of Victoria. Before formal proceedings, both parties will attempt in good faith to resolve disputes through negotiation for at least 90 days. If unresolved, disputes will be submitted to binding arbitration in Melbourne, Australia under the rules of the Australian Centre for International Commercial Arbitration (ACICA). You waive any right to participate in a class or representative action.
17. Force Majeure
Outcoach is not liable for delays or failures due to causes beyond its reasonable control, including natural disasters, acts of government, internet outages, labour disputes, or third-party service failures.
18. General Provisions
- Severability: If any provision is invalid, the remainder remains in effect.
- Assignment: Outcoach may assign these Terms. You may not assign or transfer them without our consent.
- Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement regarding the Services.
- Waiver: Failure to enforce any right or provision is not a waiver of that right or provision.
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