Outcoach Terms of Use
Acceptance of Terms
Intellectual Property Rights
The Services are protected by copyright and other intellectual property laws.
All software, source code, data, images, text, videos, trademarks, and other information and data developed or provided by Outcoach are to remain the sole and exclusive property of Outcoach.
You agree to not copy, reproduce, translate, vary, modify, decompile, disassemble, publicly display, create derivative works of the Application or any of its components without the Outcoach’s prior express, written consent.
Outcoach has the right to delete any information or data if it infringes on third party’s intellectual property rights. If any party believes any information or data on the Application infringes on their intellectual property rights, they may request removal of such information or data from the Application.
Application Use
By using the Application, you agree that not use the Application for any purpose that is unlawful or prohibited by these Terms. Provided that you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Application to access our services. You agree to use the Application with common sense and not use the Application in a manner which harms Outcoach Pty Ltd or other users of the application. Some examples of prohibited behaviour are as follows:
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Enter untrue or incorrect registration information, or fail to update the registration information such that it is accurate
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Use the Application in a manner which is non-compliant with these Terms
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Using the Application as a minor in the relevant jurisdiction in which the user resides without parental permission to use the Application
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Accessing the Application through automated means
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Interfere with or disrupt any user, host, or network, for example via a virus, overloading, spamming
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Sending unsolicited communications, promotions, advertisements, or spam
Outcoach reserves the right to terminate or suspend any account, without notice or liability, for any reason whatsoever, if the Application is used in a manner which is unlawful or prohibited by these Terms.
User Registration
Users of the Application will be required to register an account. You agree to enter the correct registration information and update the information if any of the information changes. You will be responsible for all use of your account and password. You must keep your password confidential at all times.
Free Trial
Outcoach offers a 30-day free trial to new users of the Application. Upon the completion of the free trial, the account will be frozen and inaccessible until the user upgrades to a paid subscription. If your account has been frozen for a prolonged period of time, we may queue it for cancellation. Outcoach reserves the right to modify, cancel, limit, or extend the time period of the free trial without any prior notice.
Fees and Payment
You may be required to pay a subscription fee to access the paid version of Outcoach. You agree to provide the correct payment information in advance of the payment due date.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Application, and update any such information if it changes.
If you upgrade from the free version to a paid subscription plan, we will bill you on the date of the upgrade and the billing cycle starts on the day of the upgrade. For the paid subscription plan which is subject to recurring payments with each billing cycle, then you consent to Outcoach charging you on a recurring basis without requiring our prior approval for each recurring payment, unless you notify us of any cancellations or modifications.
For any upgrades or downgrades in the tier of the paid version, the new subscription rate is charge from the next billing cycle. All fees exclude all taxes, levies, or duties imposed by taxing authorities.
Outcoach reserves the right to correct any errors in pricing, even if payment has already been requested or received. Outcoach also reserves the right to modify the pricing at any time.
Cancellation
You may cancel your subscription via your account or contacting us. Your cancellation of the subscription will only take effect at the end of the paid term in which the user cancels their subscription.
You agree that unless you notify Outcoach of your intention to cancel the paid subscription, the subscription fee will be billed on a recurring basis. Any requests to cancel the paid subscription must be provided at least seven days prior to the commencement of the new billing period. Data from a cancelled account may be deleted from the database after cancellation. We do not guarantee storing data from cancelled accounts for more than twenty days after the account cancellation.
If you are unsatisfied with our services, please contact use via https://www.outcoach.io/contact
User-generated content
The Application may allow you to send, upload, or publish content via the Application, for example via chat or uploading images. Such content may comprise of text, images, videos, audio, and other forms. You retain any intellectual proprietary rights to the content that you send, upload, or publish on the Application. By sending, uploading, or publishing any such content, you grant Outcoach the irrevocable, non-exclusive license to host, transfer, publicly display, and distribute your content within the Application and via other media formats and media channels to which the account is linked. Furthermore, all user generated contributions must comply not be unlawful or violate these Terms.
Users retain full ownership for user generated contributions and the intellectual property rights associated with the contributions. Outcoach is not liable for any user generated contribution whatsoever and you agree to exonerate Outcoach from all responsibility. We reserve the right, in our sole discretion to modify or delete any user generated contributions at any time and for any reason, without notice. Outcoach has no obligation to monitor user generation contributions.
Third-party websites and content
The Application may contain links to third-party content as such as other websites, articles, and other content. If you leave the Application and access the third-party content, you do so at your own risk and Outcoach takes no responsibility nor liability for any damage resulting from accessing the third-party content.
Security
Outcoach will strive to take all reasonable steps to ensure your information is processed securely and in accordance with this Privacy Policy. However, the transmission of information via the internet (including email) is not completely secure. Though we will do our best to protect your information and use strict security features to prevent unauthorised access to data, we cannot guarantee the security of any information transmitted over the internet. Any transmission is at your own risk.
Term and Termination
We reserve the sole discretion to terminate your account, deny you access to our services, or delete any user generated content at any time, for any reason. Though we will strive to take reasonable steps to notify you of termination, we are under no obligation to provide warning or notice and do not have any liability for damages terminating your account. Upon termination, we may delete your account data that is stored on our servers.
You may also choose to deactivate your account at any time via the Application or by contacting us.
Modifications
We reserve the right to change, modify, and remove all or part of the Application and these Terms at any time, for any reason. We will not be liable to you or any third party for any modification, price change, or discontinuance of the Application. We have no obligation to notify you of any changes, modifications, or discontinuances for any part of our Application, but we will strive to notify you prior to any such changes via email. For changes in these Terms, we will update you no less than 10 days prior to the effective change date, to provide you the opportunity to review the changes.
Governing Law and Dispute Resolution
These Terms shall be construed in according with and governed by the laws of the Commonwealth of Australia and the State of Victoria. You agree that any disputes arising with us shall be settled in the Australian court system.
If any dispute arises, both Parties shall use their best efforts to resolve their dispute(s) arising from these Terms by first attempting to informally negotiation any dispute for at least 90 days upon written notice from one Party to the other Party. After the 90 days, the Parties shall use their best efforts to resolve the dispute via arbitration. The legal place of the arbitration shall be Melbourne, Australia. The governing law of the contract shall be the law of the Commonwealth of Australia and the State of Victoria.
Disclaimer
Your use of the Application is at your own risk. The Application and any content, information, or services made available on or through the Application are provided by Outcoach to you on an “as is” and “as available” basis. To the extent permitted by the law, Outcoach provides the Application to you without any warranties, either express or implied, including but not limited to merchantability, your expectations of the Application, the accuracy of the information, accuracy of information, and non-infringement. Therefore, Outcoach does take any responsibility for (i) inaccuracies within the content on the Application, (ii) any damage to you of any nature whatsoever, resulting from your use of our Application, (iii) the Application being unavailable to access and use as desired due to factors such as Application interruptions, delays, and discontinuance, (iv) any unauthorised access to our servers and the information stored within the servers, (v) any malware transmitted through the Application, (vi) any damages caused by user-generated content.
Limitations of Liability
In no event will we or our respective officers, directors, agents, contractors, employees, representatives or other related parties be liable for any damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising out of or in connection with the use or inability to use our Service.
Indemnification
You agree to indemnify Outcoach and its affiliates, directors, employees, and agents with respect to all liability, damages, costs, lost profits, or other expenses howsoever caused, arising out of (i) your contribution, (ii) your use of the Application, (iii) your breach of Terms, (iv) your use or misuse of the Application, (v) your harmful acts towards other user(s) of the Application.
User Data
You are solely responsible for all data transmitted through the Application. We have no liability to you for any loss, damage, or misappropriation of any such data under any circumstances.
Key Features
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If you are unsure about anything in our policy, please don't hesitate to contact us directly
