Terms & Conditions

Effective May 25, 2018. This Terms & Conditions document (the “Agreement”) is a legal contract between you and Mobile Coach LLC (“Mobile Coach”) that governs your use of Mobile Coach’s mobile messaging and online services known as the Mobile Coach Platform (the “Service”).

Notice

Mobile Coach may from time to time modify these Terms & Conditions and will post a copy of the amended Agreement at MobileCoach.com. Clients will be notified of any updates to these Terms & Conditions, and for users in Europe, additional consent will be required to continue to use our services. For users outside of the EU, continued use of our services will indicate consent to updated Terms & Conditions after notice is given.

Requirements

In order to use this Service, you must be Registered, as described below, and you must also be at least 18 years of age. For those in the EU, you must consent to these Terms & Conditions to use our service. For those outside the EU, continued use of our service implies consent to these Terms & Conditions.

Registration

To use the Service, you must register for the Service by texting or messaging a keyword to your mobile coach’s phone number, Facebook page, WeChat account, or other messaging channel. In addition, we sometimes receive mobile numbers directly from our clients in order to initiate conversations. Mobile Coach will use your registration information in accordance with its privacy policy, which you can review at MobileCoach.com. You may cancel your registration at any time by texting STOP to your chatbot. You agree that you will not assign, sell or transfer your account (or access thereto) to a third party. You further agree that you will not allow others to use or share your account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Mobile Coach immediately of any unauthorized use of your account.

Fees and Cellular Network Carrier

Use of the Service may result in fees charged by your cellular network carrier. You acknowledge that your use of Mobile Coach from a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees that those agreements dictate. The fees that your cellular network carrier charges you are your sole responsibility. You can opt-out of the Mobile Coach service by texting “Cancel” or “Stop” to your mobile coach’s phone number or other messaging channel. You can contact Mobile Coach support at support@mobilecoach.com to report any technical difficulty with the opt-out process.

Use of Service

As a user of Mobile Coach, you agree to the following: You may not use the Service to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Service or any networks connected to or by the Service. In addition, you may not use a false email address or otherwise mislead other members as to your identity or to the origin of a message or content. Access to Mobile Coach may be revoked at any time. When you receive text messages from Mobile Coach, this content is under your control and under your responsibility. You hereby release Mobile Coach from any liability arising from or related to access to these messages once they have been delivered. Contact support@MobileCoach.com for help or with questions about the Mobile Coach service.

Privacy

You agree and acknowledge that your use of the Service is subject to Mobile Coach’s privacy policy, a copy of which is available at MobileCoach.com and which is expressly made part of this Agreement.

Disclaimers and Limits to Liability

You understand and agree that your use of the Service is at your own sole risk. THE SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY BY Mobile Coach OR ITS AGENTS, EMPLOYEES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE “Mobile Coach ENTITIES”), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE MOBILE COACH ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE Mobile Coach ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, SOFTWARE AND MATERIALS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY MOBILE COACH ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE Mobile Coach ENTITIES. UNDER NO CIRCUMSTANCES SHALL ANY Mobile Coach ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE.