Terms of Service

1. Agreement to Terms

By accessing or using Intellicoach ("Service," "we," "us"), you agree to these Terms of Service ("Terms"). If you do not agree, you may not use the Service.

2. Description of Service

Intellicoach provides an AI-powered messaging assistant built for online fitness coaches. The Service enables:

• AI-generated DM replies that match your tone and communication style.
• Automated lead qualification, smart follow-ups, and appointment booking.
• Analytics dashboards and conversation insights.
• Optional automation features that you control (on/off at any time).

Intellicoach does not initiate contact with prospects on your behalf; all automation runs only after user activation within your own Meta accounts.

3. User Accounts and Registration

To use the Service you must provide accurate registration information (name, email, calendar link, and Meta account connection). You are responsible for all activity under your account.

4. Subscription and Payment

The price, billing frequency, plan features, included usage, applicable overage rates, promotional terms, and taxes for your subscription are the amounts and terms presented to you at checkout, in an applicable order form, or in your account. Our current public offerings are also described on the Pricing page. Overage, where applicable, applies to conversations where AI was enabled and a call was confirmed; manually managed conversations do not count toward overage.

Stripe processes payment-card information. Subscriptions auto-renew unless canceled in account settings. You may cancel your subscription through Settings → Billing. Cancellation takes effect at the end of the then-current paid billing period, and you will retain Service access until that date unless we suspend or terminate access under these Terms.

We may change pricing or plan features prospectively by providing any notice required by applicable law or the Agreement. Unless we state otherwise, a price change will apply no earlier than your next renewal after the notice period; it will not change fees already paid for a current billing period.

14-day money-back guarantee: The guarantee applies to monthly and annual subscription charges and to overage fees when you request a refund within 14 days of the relevant charge. Except as stated in this guarantee or required by applicable law, payments are non-refundable and we do not provide prorated refunds for unused portions of a billing period.

5. Customer Content, Data Processing, and Acceptable Use

Customer Content means the information, messages, conversations, account data, and other content that you or your authorized users provide to the Service. As between you and Intellicoach, you retain your rights in Customer Content. You grant Intellicoach a limited, non-exclusive right to host, copy, transmit, and otherwise process Customer Content only as necessary to provide, secure, and support the Service in accordance with these Terms, the Privacy Policy, and applicable law.

You represent that you have all rights, permissions, notices, and lawful bases needed to provide Customer Content to us and to direct our processing of it. Where we process personal data in Customer Content on your behalf, you are generally the controller and Intellicoach is the processor. Our Data Processing Addendum forms part of these Terms where it applies and controls to the extent it conflicts with this section.

The handling of Customer Content after cancellation, including export and deletion requests, is described in our Privacy Policy.

You agree not to:

• Violate any law, regulation, or Meta policy while using the Service.
• Send spam, misleading, or harassing messages.
• Misrepresent automated messages as human when disclosure is required by law.
• Attempt to gain unauthorized access to any part of the Service.
• Use the Service for purposes unrelated to legitimate coaching business activity.

6. Automated Messaging Responsibility

Intellicoach provides automation tools but does not control message content or disclosure.

• You are solely responsible for ensuring that your use of automation complies with applicable laws (including the California Bot Disclosure Act and international equivalents).
• You must determine when and how to disclose automation to your audience if required.
• Intellicoach disclaims liability for non-compliant message content or disclosures by users.

7. Third-Party Integrations

We integrate with Meta (Facebook/Instagram), Stripe, and third-party platforms. Each has its own terms and privacy policies, which govern your use of those services.

8. Intellectual Property

All software, UI/UX designs, documentation, and branding are the property of Intellicoach and protected by applicable IP laws.

9. Limitation of Liability

To the maximum extent permitted by law, Intellicoach shall not be liable for indirect, incidental, special, or consequential damages, including lost profits or data, resulting from use or inability to use the Service.

To the maximum extent permitted by law, Intellicoach's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the amounts you paid to Intellicoach for the Service in the 12 months immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot lawfully be limited or excluded.

Service Availability: We do not guarantee uninterrupted service availability. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

10. Termination

We may suspend or terminate access at any time for violation of these Terms or harmful behavior toward other users, Meta systems, or the Service.

Upon cancellation or termination, your right to use the Service ends when your paid access ends, except for the limited rights needed to request an export or deletion. We will handle Customer Content in accordance with our Privacy Policy, documented retention schedule, and any applicable DPA.

11. Modifications to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notice. Continued use after updates constitutes acceptance.

12. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or technical failures of third-party services (including Meta, Stripe, or calendar platforms).

13. Dispute Resolution

Before starting arbitration, either party must send the other a written notice of the dispute and allow 30 days to try to resolve it informally. Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will take place in Hillsborough County, Florida, or remotely if the parties agree or the applicable rules permit. You and Intellicoach waive any right to a jury trial and agree that disputes may be brought only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated, or representative action.

Either party may bring an individual claim in small-claims court if it qualifies. Either party may also seek temporary, preliminary, or permanent injunctive or equitable relief in court to prevent the unauthorized use, disclosure, or infringement of its intellectual property, confidential information, account access, or security rights. Nothing in this section limits rights that cannot be waived under applicable law.

14. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Except for matters subject to arbitration or eligible for small-claims court, the state and federal courts located in Hillsborough County, Florida have exclusive jurisdiction, and each party consents to that jurisdiction and venue.

15. Contact

Questions? Contact us at support@intellicoach.ai.