Terms of Service

Last Updated: January 2024

Welcome to Skedence! These Terms of Service ("Terms") govern your use of the Skedence platform and mobile applications. By creating an account or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using Skedence, you agree to comply with and be legally bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service.

2. Description of Service

Skedence is a coaching management platform that provides:

  • Booking and scheduling management
  • Client management tools
  • Payment processing capabilities
  • Business analytics and reporting
  • Group class management
  • Digital waiver management
  • Mobile applications for coaches and clients

We reserve the right to modify, suspend, or discontinue any part of the service at any time with or without notice.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old to create an account. By creating an account, you represent that you are of legal age to form a binding contract.

3.2 Account Information

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized access or security breach
  • We reserve the right to suspend or terminate accounts that provide false information

3.3 Account Responsibility

You are solely responsible for all content and activity on your account, including interactions with clients and the accuracy of information provided.

4. Subscription Plans and Billing

4.1 Free Trial

  • New accounts receive a 14-day free trial with full access to features
  • No credit card required to start the trial
  • At the end of the trial, you must select a paid plan to continue using the service
  • Trial is available once per user/business

4.2 Paid Subscriptions

  • Subscriptions are billed monthly in advance
  • Billing occurs on the same day each month as your initial subscription date
  • All fees are in U.S. Dollars unless otherwise stated
  • Prices are subject to change with 30 days notice
  • You authorize us to charge your payment method on a recurring basis

4.3 Plan Changes

  • Upgrades: Take effect immediately, with prorated charges for the remainder of the billing cycle
  • Downgrades: Take effect at the end of your current billing cycle
  • Downgrading may result in loss of features, content, or capacity

4.4 Payment Processing

  • We use Stripe as our payment processor for subscription billing
  • You must provide valid payment information
  • We are not responsible for any fees charged by your bank or payment provider
  • Failed payments may result in service suspension or termination

4.5 Taxes

All fees are exclusive of applicable federal, state, local, or other governmental sales, goods and services, harmonized, value added, or other taxes. You are responsible for paying all taxes associated with your subscription.

5. Client Payment Processing

5.1 Payment Services

  • Skedence enables you to accept payments from your clients via Stripe
  • You must create and maintain a Stripe account to process payments
  • Stripe's fees (typically 2.9% + $0.30 per transaction) apply to all client payments
  • Funds are transferred directly to your Stripe account and bank account

5.2 Your Responsibilities

  • You are responsible for the accuracy of pricing and service descriptions
  • You must comply with all applicable laws regarding payment processing
  • You are responsible for any disputes, chargebacks, or refunds with clients
  • You must maintain adequate records for tax and accounting purposes

5.3 Prohibited Transactions

You may not use Skedence to process payments for illegal goods or services, or in violation of Stripe's Terms of Service.

6. Cancellation and Refunds

6.1 Cancellation by You

  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing cycle
  • You will retain access to the service until the end of the paid period
  • Your data will be retained for 30 days after cancellation, then permanently deleted

6.2 Refund Policy

  • We offer prorated refunds for annual subscriptions cancelled within 30 days
  • Monthly subscriptions are not eligible for refunds
  • If we terminate your account for violation of these Terms, no refund will be provided
  • Refund requests must be submitted to support@skedence.com within 30 days

6.3 Cancellation by Skedence

We reserve the right to suspend or terminate your account at any time for violation of these Terms, illegal activity, or abuse of the service.

7. Acceptable Use Policy

You agree not to:

  • Use the service for any illegal purpose or in violation of any local, state, national, or international law
  • Violate, or encourage others to violate, the rights of third parties, including intellectual property rights
  • Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Attempt to gain unauthorized access to the service or its related systems or networks
  • Use any automated means to access the service or collect data (scraping, bots, etc.)
  • Interfere with or disrupt the service or servers or networks connected to the service
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Use the service to transmit any viruses, malware, or other malicious code
  • Resell, rent, lease, or otherwise commercialize the service without our written consent

8. Intellectual Property Rights

8.1 Skedence Property

The Skedence platform, including all software, designs, text, graphics, logos, and trademarks, is owned by Skedence and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our services or software.

8.2 Your Content

  • You retain all rights to the content you upload to Skedence (client data, schedules, etc.)
  • By using our service, you grant us a license to use, store, and display your content solely for the purpose of providing the service
  • You represent that you have the right to upload and share all content you provide

8.3 Feedback

If you provide us with feedback, suggestions, or ideas, we may use them without any obligation to compensate you.

9. Data and Privacy

Our collection and use of personal information is described in our Privacy Policy. By using Skedence, you consent to the collection and use of your information as described in the Privacy Policy.

9.1 Data Security

We implement industry-standard security measures to protect your data. However, no method of transmission over the Internet is 100% secure. You use the service at your own risk.

9.2 Data Backup

We perform regular backups of all data. However, you are responsible for maintaining your own backup copies of important data.

9.3 Data Deletion

When you cancel your account, your data is retained for 30 days to allow for account recovery. After 30 days, all data is permanently deleted from our active systems.

10. Limitation of Liability

10.1 Service Availability

We strive to provide 99.9% uptime, but we do not guarantee uninterrupted or error-free service. Scheduled maintenance will be communicated in advance when possible.

10.2 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKEDENCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO SKEDENCE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.4 Indemnification

You agree to indemnify and hold harmless Skedence and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the service, your violation of these Terms, or your violation of any rights of another.

11. Third-Party Services

Skedence integrates with third-party services (Stripe, Firebase, etc.). Your use of these services is subject to their respective terms and policies. We are not responsible for the actions, content, or services of third parties.

12. Modifications to the Service and Terms

12.1 Service Changes

We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the service.

12.2 Terms Changes

We may revise these Terms from time to time. We will notify you of material changes by:

  • Posting the revised Terms on this page with a new "Last Updated" date
  • Sending an email notification to your account email address
  • Displaying a prominent notice within the application

Your continued use of the service after such changes constitutes your acceptance of the new Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the service shall be resolved through:

  • Informal Negotiation: First, contact us at legal@skedence.com to attempt to resolve the dispute informally
  • Binding Arbitration: If informal negotiation fails, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association
  • Arbitration shall take place in San Francisco, California
  • You waive any right to a jury trial

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Skedence regarding the service.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

14.3 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights under these Terms without restriction.

14.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, pandemic, or failure of third-party services.

15. Contact Information

If you have any questions about these Terms, please contact us:

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