"Service" refers to the SaaS coaching platform provided by upCoach.
"Client" means the business or organization subscribing to the Service.
"End User" refers to the individual users of the platform, including children.
"Children's Data" means personal data relating to individuals under the age of 16 (or as defined by applicable law).
Clients may use the Service only for lawful purposes and in compliance with these Terms. Clients agree not to:
Clients retain ownership of all End User data submitted to the platform. upCoach acts as a data processor and processes personal data only on behalf of the Client. The Client is responsible for obtaining all necessary parental or guardian consents for the collection and use of Children's Data.
Where Children's Data is processed, the Client warrants that it has obtained appropriate parental/guardian consent in accordance with applicable laws such as COPPA (USA), GDPR (EU), and the Privacy Act (Australia). upCoach does not knowingly collect Children's Data without such consent.
Both parties agree to comply with all applicable laws regarding privacy, data protection, and the use of Children's Data.
We implement industry-standard security measures, including encryption and access control, to protect data. In the event of a data breach, we will notify Clients as required by law.
Our platform may display video content via embedded third-party services such as YouTube. upCoach does not host these videos and cannot guarantee their content. We rely on YouTube's content moderation policies but will make best efforts to prevent explicit or inappropriate content from being accessible through our platform.
upCoach shall not be liable for any indirect, incidental, special, or consequential damages. Liability for direct damages shall be limited to the amount paid by the Client in the preceding 12 months.
The Client agrees to indemnify and hold harmless upCoach from any claims, damages, or losses arising from their breach of these Terms or applicable data protection laws.
Either party may terminate the agreement with 30 days' written notice. Upon termination, Client data will be deleted after a retention period of 30 days unless otherwise requested.
We may modify these Terms at any time. Clients will be notified of material changes.
If you have any questions about these Terms of Service, please contact us at:
Email: contact.upcoach@gmail.com
Location: Australia