Terms of Service

Last updated Aug 4, 2026

Terms of Service Last updated: August 4, 2026 1. Introduction and Acceptance These Terms of Service ("Terms") are a binding agreement between HyperCoach LLC ("HyperCoach," "we," "us," or "our"), the provider of the HyperCoach coaching platform (the "Platform"), and you. By creating an account, subscribing to, accessing, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform. The Platform serves two types of users: (a) "Coaches" — fitness and wellness professionals (and their authorized team members, such as assistant coaches, setters, and closers) who subscribe to HyperCoach to manage and deliver their coaching business; and (b) "Clients" — the individuals a Coach invites to receive coaching through the Platform. "You" refers to whichever type of user you are. If you accept these Terms on behalf of a business, you represent that you are authorized to bind that business. 2. Eligibility You must be at least 18 years old and able to form a binding contract to use the Platform. The Platform is not intended for anyone under 18. 3. What HyperCoach Is — and Is Not HyperCoach provides software tools that let Coaches build programs, track workouts and nutrition, run check-ins, communicate with Clients, schedule sessions, sell digital products, collect payments, and manage their coaching business. HyperCoach is a technology provider only. We are not a fitness trainer, coach, nutritionist, dietitian, medical provider, or licensed professional, and we do not provide coaching, training, nutrition, medical, or health advice. All coaching, programming, nutrition guidance, and related services are created and delivered solely by the Coach. HyperCoach is not a party to the relationship or any agreement between a Coach and a Client, does not supervise or endorse any Coach, and is not responsible for the quality, safety, legality, or outcome of any coaching provided through the Platform. Coaches are independent and are not employees, agents, or partners of HyperCoach. 4. Accounts, Roles, and Team Members Access to the Platform is by account. Coaches may invite team members and assign them roles and permission levels (for example, full access, assigned-clients-only, billing, or new-client access). A Coach is responsible for the actions of everyone they invite to their business, for keeping permissions appropriate, and for removing access when a team member leaves. You are responsible for keeping your login credentials secure and for all activity under your account. Notify us promptly of any unauthorized use. 5. Coach Responsibilities If you are a Coach, you are solely responsible for: - Holding any certifications, licenses, permits, and insurance required to provide your services in your jurisdiction; - The content, safety, and suitability of the programs, workouts, nutrition plans, and advice you deliver; - Entering into your own agreements with your Clients, including your own terms, liability waivers, informed consent, and health screening (such as a PAR-Q or physician clearance) where appropriate; - Obtaining all consents needed to collect and process your Clients' personal and health information through the Platform, and for complying with all laws that apply to your business and your handling of that information; - Your Clients' use of the Platform and the accuracy of the information you enter about them; - Your own tax obligations and any consumer, advertising, health-claim, or auto-renewal laws that apply to how you sell and deliver your services. You agree that HyperCoach provides tools only and that the professional judgment and duty of care toward your Clients rest entirely with you. You will indemnify HyperCoach for claims arising from your services, as described in Section 17. 6. Client Acknowledgment If you are a Client, you understand that your coaching relationship is with your Coach and not with HyperCoach. HyperCoach only hosts the software your Coach uses. Any questions, disputes, refunds, or concerns about your coaching, your payments to your Coach, or your program are between you and your Coach. 7. Health, Fitness, and Assumption of Risk Exercise, physical training, and dietary changes carry inherent risks, including the risk of serious injury or, in rare cases, death. The Platform and any content within it are for general informational and organizational purposes and are not medical advice, diagnosis, or treatment. Always consult a qualified physician before beginning or changing any exercise or nutrition program, especially if you have any medical condition or injury, are pregnant, or take medication. By using the Platform you acknowledge these risks and agree that you participate in any exercise, training, or nutrition program voluntarily and at your own risk. To the fullest extent permitted by law, you assume all risk of injury, loss, or damage arising from your participation, and you release HyperCoach from any liability related to it. If you experience pain, dizziness, or discomfort, stop immediately and seek medical attention. 8. Coach Subscriptions (Payments to HyperCoach) Access to Coach features requires a paid subscription to HyperCoach. By subscribing, you authorize us and our payment processor (Stripe) to charge your selected payment method the applicable recurring fee (for example, monthly) until you cancel. Subscriptions renew automatically at the start of each billing period. You may cancel at any time from your account; cancellation takes effect at the end of the current billing period. Except where required by law, subscription fees are non-refundable and we do not provide refunds or credits for partial periods. We may change pricing on reasonable notice, with changes applying to the next billing period. Taxes may apply. If a payment fails, we may retry the charge and may suspend or downgrade your access until payment is resolved. 9. Payment Processing and the Platform Fee (Coaches Collecting from Clients) HyperCoach uses Stripe, including Stripe Connect, to let Coaches collect payments from their own Clients through the Platform. To collect payments, a Coach must create and connect a Stripe account and agree to the Stripe Services Agreement and Stripe Connected Account Agreement. When a Client pays a Coach through the Platform: - The Coach is the merchant of record for that transaction and is solely responsible for delivering the paid-for services, for setting their own prices and refund terms, and for handling refunds, chargebacks, disputes, and any taxes; - HyperCoach automatically deducts a platform fee (currently 0.5%, or the rate stated in your plan or order) from each such transaction, and Stripe deducts its own processing fees; - The remaining funds are paid out to the Coach's connected Stripe account on Stripe's payout schedule. You authorize HyperCoach to collect its platform fee and any subscription fees through Stripe. The platform fee is earned when the transaction is processed and is non-refundable, including where a Coach later refunds a Client. HyperCoach does not store full payment card numbers; card data is handled by Stripe. HyperCoach is not a bank, money transmitter, or payment processor, and is not responsible for Stripe's services, availability, or decisions (including account holds or reserves). 10. Marketplace and Digital Products The Platform includes a marketplace and store features. HyperCoach may offer first-party products and content (for which HyperCoach is the seller and merchant of record). Coaches may also create and sell their own digital products to their Clients (for which the Coach is the seller and merchant of record, subject to Section 9). HyperCoach is not responsible for products sold by Coaches, including their content, quality, delivery, or refunds. Unless the seller states otherwise or the law requires, sales of digital products are final upon delivery. Sellers are responsible for having all rights to what they sell and for accurately describing it. 11. Communications, Notifications, and Electronic Signatures By using the Platform you consent to receive electronic communications from us, from your Coach, or from your Clients, including in-app messages and chat, community-channel posts, support (help desk) messages, email, push notifications, and — where you provide a mobile number and opt in — SMS text messages. Message and data rates may apply. You can manage or turn off non-essential notifications in your settings, or reply STOP to opt out of texts; we may still send you essential account, security, or transactional messages. You agree that agreements, disclosures, acknowledgments, and signatures made electronically through the Platform (for example, signing a waiver or acknowledging a check-in or action item) are valid and legally binding to the same extent as a handwritten signature, to the fullest extent permitted by the U.S. E-SIGN Act and similar laws. Important: any liability waiver, informed consent, or health-screening document captured through the Platform is the Coach's own document and the Coach's responsibility; HyperCoach provides only the tool to present and record it, is not a party to it, and does not verify its legal sufficiency. 12. User Content, Chat, and Community You are responsible for the content you upload or post, including programs, notes, photos, videos, messages, chat, community-channel posts, and support tickets. You agree not to post content that is unlawful, infringing, harassing, or harmful, and not to upload another person's images or health information without their consent. We may access, review, moderate, and remove content, and may access help desk and other communications, to operate and support the Platform, investigate suspected abuse or violations, or comply with law. We are not obligated to monitor content and are not responsible for content posted by users. 13. Your Content and License You retain ownership of the content you upload. You grant HyperCoach a limited, worldwide, non-exclusive license to host, store, process, transmit, and display that content solely to operate and provide the Platform to you and your business. You are responsible for your content and for having the rights to share it. As between HyperCoach and a Coach, the Coach owns their business and Client records created on the Platform; see Section 20. 14. Acceptable Use You agree not to: use the Platform for any unlawful purpose; upload harmful, infringing, or unlawful content; harass or harm any person; attempt to access accounts or data that are not yours; probe, scan, reverse engineer, scrape, or disrupt the Platform or its security; use the Platform to build a competing product; or resell or provide the Platform to third parties except in the ordinary course of serving your own Clients. We may suspend access to protect the Platform, its users, or the public. 15. Intellectual Property The Platform, including its software, design, "HyperCoach" name, logos, and branding, is owned by HyperCoach and protected by law. We grant you a limited, revocable, non-transferable license to use the Platform in accordance with these Terms. You may not use our name or logos without our permission. Coaches may upload and display their own business branding within their own workspace and retain rights to their own marks. 16. Third-Party Services The Platform relies on third-party services, for example cloud hosting and database, file storage, authentication, payment processing (Stripe), email and SMS delivery, push notifications, and scheduling (such as calendar links). Your use of those features may be subject to the third parties' terms, and we are not responsible for third-party services. 17. Disclaimers THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY HEALTH OR FITNESS RESULT WILL BE ACHIEVED. 18. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERCOACH AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, OR FOR ANY PERSONAL INJURY OR DEATH ARISING FROM COACHING OR PROGRAMS DELIVERED THROUGH THE PLATFORM. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE PLATFORM WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $100 IF YOU PAID US NOTHING. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. 19. Indemnification You agree to defend, indemnify, and hold harmless HyperCoach and its owners, employees, and suppliers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) if you are a Coach, your coaching services, programs, advice, products sold, payment collection, and your relationships with and handling of information about your Clients and team; (c) your violation of these Terms or any law; and (d) any content you provide. This obligation survives termination. 20. Termination and Data Portability We may suspend or terminate your access at any time if you violate these Terms or to protect the Platform or others. You may stop using the Platform and cancel your subscription at any time. As between HyperCoach and a Coach, the Coach owns their business and Client data; during an active subscription, or within 30 days after termination, you may request a reasonable export of your data in a common format. After that period, we may archive and then delete data in line with our processes and applicable law. Some data may be retained as required for legal, security, or accounting purposes. Sections that by their nature should survive (including Sections 9, 13, 15, 17, 18, 19, and 21) survive termination. 21. Governing Law and Disputes These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws rules. The parties agree to resolve disputes in the courts located in Fulton County, Georgia, unless applicable law requires otherwise. 22. Changes to These Terms We may update these Terms from time to time. Material changes will be posted here with a new "Last updated" date, and your continued use of the Platform means you accept the updated Terms. 23. Contact HyperCoach LLC Questions about these Terms: support@hypercoachhq.com

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