Terms of Service

Coachify Terms of Service

Effective Date: July 12, 2025

Welcome to Coachify, a marketplace platform operated by ATX Brothers Enterprise, LLC (“Coachify,” “we,” “us,” or “our”), accessible at CoachifyUSA.com. These Terms of Service (“Terms”) govern your access to and use of our website, mobile applications, and related services (collectively, the “Platform”), which connects freelance coaches for sports and hobbies (“Coaches”) with clients seeking coaching services (“Clients”) (collectively, “Users”). By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced herein. If you do not agree, you must not use the Platform.

Acceptance of Terms By registering, accessing, or using the Platform, you confirm that you are at least 16 years old (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms. We may modify these Terms at any time, with notice provided via the Platform, email, or other reasonable means. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform.

Platform Description Coachify is a marketplace platform that enables Coaches to list, offer, and provide coaching services (in-person or online, including camps) and Clients to search, book, and pay for these services. We provide tools for communication, scheduling, and payment processing but do not control, participate in, or assume responsibility for interactions, agreements, or transactions between Users. All coaching sessions and related agreements are solely between Coaches and Clients. Coachify is not a party to these agreements and acts only as a facilitator.

Eligibility 3.1. Age Restriction: Coaches must be at least 16 years old to list services on the Platform. Clients of any age may book services, provided that those under 16 have parental or guardian consent, in compliance with applicable federal and state laws (e.g., COPPA for users under 13). 3.2. Legal Compliance: Users must comply with all applicable local, state, federal, and international laws, including those related to coaching certifications, taxation, consumer protection, and safety regulations. 3.3. Account Eligibility: You must provide accurate, complete, and current information during registration and maintain its accuracy. You may not create an account if you are barred from using the Platform under applicable law or have been previously suspended by Coachify.

Account Responsibility 4.1. Security: You are responsible for maintaining the confidentiality of your account credentials (e.g., username, password) and for all activities under your account. Notify us immediately of any unauthorized use at support@coachifyusa.com. 4.2. Account Restrictions: You may not transfer your account to another party without our prior written consent. You may not use another User’s account or impersonate any person or entity.

User Responsibilities 5.1. Safety and Conduct: Users are solely responsible for their safety, conduct, and interactions during in-person or online coaching sessions. Coachify does not supervise, monitor, or control these interactions. Users must exercise due diligence, verify identities (e.g., via government-issued ID), and meet in safe, public locations for in-person sessions. Coaches must maintain any required certifications or licenses. 5.2. Accurate Listings: Coaches must provide accurate, complete, and up-to-date information about their services, including qualifications, availability, pricing, and any certifications. Misrepresentation may result in account suspension or termination. 5.3. Personal Information: Users are encouraged not to share sensitive personal information (e.g., home address, Social Security number) they are not comfortable disclosing publicly. Coachify is not responsible for misuse of shared information, whether on or off the Platform. 5.4. Recording of Sessions: Users may record coaching sessions (in-person or online) to protect against wrongdoing, provided they comply with applicable laws (e.g., Texas’ one-party consent for audio recordings, two-party consent in states like California). Users must inform each other and obtain consent where required by law. Coachify is not responsible for the content, use, or storage of recordings or any disputes arising therefrom.

Identity Verification and Background Checks 6.1. Verification Process: Coachify may require Users to verify their identity using government-issued ID or other methods (e.g., via third-party providers like Stripe Identity, costing $1.50–$2/check). Verification enhances trust but does not guarantee safety or accuracy of User information. 6.2. Background Checks: Coachify may conduct background checks on Coaches (e.g., criminal records, costing $8–$50 via providers like Checkr), where permitted by law. Users consent to such checks by providing required information (e.g., Form W-9 for tax purposes). Background checks are not exhaustive and do not ensure safety. 6.3. Compliance: Verification and background checks comply with the Fair Credit Reporting Act (FCRA), where applicable. Users will receive disclosures and adverse action notices if required. Coachify is not liable for errors in verification or background check results.

Payments 7.1. Third-Party Processing: All payments for coaching services are processed through a secure third-party payment provider (e.g., Stripe). Coachify does not store or directly handle payment information, ensuring protection for Users. 7.2. Fees: Coachify charges a service fee (e.g., a percentage of each transaction, disclosed at booking) deducted from the Coach’s payout. Additional payment processing fees (e.g., Stripe’s 2.9% + $0.30 per transaction) may apply. All fees are non-refundable unless required by law. 7.3. Tax Reporting: Coachify or its payment provider (e.g., Stripe) may issue IRS Form 1099-NEC or 1099-K to Coaches for payments of $600+ annually (or $20,000+/200 transactions for 1099-K, dropping to $600+ in 2025). Coaches must provide accurate tax information (e.g., Form W-9) during onboarding. Coachify is not responsible for Users’ tax obligations. 7.4. Refunds and Disputes: Refund requests must be resolved directly between Coaches and Clients in accordance with our Cancellation Policy, available at CoachifyUSA.com. Coachify may facilitate communication but is not obligated to issue refunds unless required by law. Chargebacks or payment disputes are subject to Stripe’s policies and may incur additional fees.

No Liability for User Interactions 8.1. Disclaimer: To the fullest extent permitted by law, Coachify is not liable for any injuries, damages, losses, emotional distress, death, or criminal acts arising from coaching sessions or User interactions, whether in-person or online. Users assume all risks associated with engaging Coaches or Clients. 8.2. Safety Measures: Coachify takes reasonable steps to exclude known criminals from the Platform (e.g., via background checks) but does not guarantee the accuracy or completeness of such measures. Users are responsible for their own due diligence, including verifying identities and qualifications. 8.3. No Employment Relationship: Coaches are independent contractors, not employees of Coachify. Coachify is not responsible for their actions, services, or compliance with laws.

Content and Intellectual Property 9.1. User Content: By posting content (e.g., listings, profile photos, reviews), Users grant Coachify a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, and modify such content for Platform operation, promotion, and compliance with law. 9.2. Platform Content: All Coachify content (e.g., logos, website design, trademarks) is owned by Coachify or its licensors and protected by U.S. copyright and trademark laws. Users may not reproduce, distribute, or create derivative works without prior written consent. 9.3. Prohibited Content: Users may not post content that is illegal, obscene, defamatory, discriminatory, or infringes third-party rights. Coachify may remove such content and suspend or terminate offending accounts.

Indemnification You agree to indemnify, defend, and hold harmless Coachify, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Platform, interactions with other Users, violation of these Terms, or infringement of third-party rights.

Termination and Suspension 11.1. By User: You may deactivate your account at any time by contacting support@coachifyusa.com. You remain responsible for any outstanding payments or obligations. 11.2. By Coachify: We may suspend or terminate your account, with or without notice, for violating these Terms, engaging in fraudulent or illegal activity, or at our sole discretion (e.g., for safety concerns or platform integrity). 11.3. Effect of Termination: Upon termination, you must cease using the Platform. Any licenses granted to Coachify (e.g., for User content) survive termination. Outstanding fees or disputes remain enforceable.

Disclaimers 12.1. As-Is Service: The Platform is provided “as is” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. 12.2. Third-Party Services: The Platform may integrate third-party services (e.g., Stripe for payments, ID verification providers). Coachify is not responsible for their performance, availability, or practices. 12.3. Service Availability: We do not guarantee uninterrupted access to the Platform and may perform maintenance, updates, or restrictions as needed.

Limitation of Liability To the fullest extent permitted by law, Coachify’s total liability for any claims arising from these Terms or the Platform shall not exceed the greater of $100 or the fees paid by you to Coachify in the six months prior to the claim. Coachify is not liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or goodwill, even if advised of such damages.

Governing Law and Dispute Resolution 14.1. Governing Law: These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Where required by local law, specific provisions may be governed by the laws of the User’s jurisdiction to ensure compliance (e.g., consumer protection laws in California). 14.2. Informal Resolution: Before pursuing formal action, Users must attempt to resolve disputes by contacting support@coachifyusa.com. We will work in good faith to address issues within 30 days. 14.3. Arbitration: Except for small claims or injunctive relief, any disputes arising from these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Hays County, Texas, or virtually. You waive the right to participate in class actions or class-wide arbitration. Each party bears its own legal fees unless otherwise awarded by the arbitrator. 14.4. Jurisdiction: If arbitration is not applicable, disputes will be resolved in the state or federal courts of Hays County, Texas. You consent to the exclusive jurisdiction and venue of these courts.

Compliance with Local Laws 15.1. General Compliance: Users must comply with all applicable local, state, federal, and international laws, including but not limited to tax obligations, professional licensing (e.g., for coaching certifications), consumer protection, and data privacy laws (e.g., CCPA in California, GDPR for EU users interacting with the Platform). 15.2. State-Specific Protections: Coachify complies with state-specific consumer protection laws, such as California’s Consumer Privacy Act (CCPA) for data rights and New York’s anti-discrimination laws for fair treatment in verification processes. Users in certain states may have additional rights (e.g., right to cancel bookings within a statutory period). 15.3. Law Enforcement Cooperation: Coachify will cooperate with law enforcement authorities as required by law, providing User information in accordance with our Privacy Policy and applicable regulations.

Miscellaneous 16.1. Entire Agreement: These Terms, our Privacy Policy, and any additional policies referenced herein constitute the entire agreement between you and Coachify, superseding any prior agreements. 16.2. Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. 16.3. No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision. 16.4. Assignment: You may not assign these Terms or your account without our prior written consent. Coachify may assign these Terms or delegate duties at its discretion. 16.5. Force Majeure: Coachify is not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, cyberattacks). 16.6. Electronic Communications: By using the Platform, you consent to receive communications electronically (e.g., via email or Platform notifications), which satisfy any legal requirement for written communication.

Contact Us For questions, complaints, or concerns about these Terms, contact us at: ATX Brothers Enterprise, LLC Email: support@coachifyusa.com Address: PO Box 1764, Dripping Springs, TX 78620

By using Coachify, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: July 12, 2025