Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you ("User", "you", or "your") and CoachTone ("CoachTone", "we", "us", or "our"), governing your access to and use of the CoachTone platform and all associated services (the "Service").

By creating an account, accessing, or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not use the Service.

These Terms are governed by the laws of Ireland. If you are accessing the Service on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms.

You may use the Service only if you:

• Are at least 18 years of age;
• Have the legal capacity to enter into binding contracts under Irish or your applicable local law;
• Are not barred from receiving services under applicable law; and
• Are using the Service in a professional or business capacity as a fitness, sports, wellness, or lifestyle coach, or as an individual evaluating the Service for such use.

CoachTone is a business-to-business (B2B) tool. It is not intended for direct use by fitness clients or consumers. Accounts registered by individuals under the age of 18 will be terminated without notice.

CoachTone is an AI-powered software-as-a-service platform that enables fitness and wellness coaches to:

• Submit client check-in text for AI-assisted analysis, generating adherence scores, risk flags, coaching strategy recommendations, and personalised reply drafts;
• Store and review client check-in history over time;
• Train the platform on their individual coaching voice and communication style;
• Manage a list of active clients and view trends across sessions.

The AI-generated outputs are drafts and analytical suggestions only. See Section 10 for the critical disclaimer regarding AI-generated content.

To access the Service you must register for an account by providing accurate, current, and complete information. You agree to:

• Keep your account credentials confidential and not share them with any third party;
• Notify us immediately at legal@coachtone.net if you suspect unauthorised access to your account;
• Take responsibility for all activities that occur under your account, whether or not authorised by you;
• Ensure all information in your account profile remains accurate and up-to-date.

We reserve the right to suspend or terminate accounts that use false information, violate these Terms, or are suspected of fraudulent activity.

4.1 Plans

CoachTone offers the following subscription plans (prices exclusive of VAT where applicable):

• Free Trial — 7 calendar days, up to 10 analyses, no credit card required.
• Solo — €39 per month, up to 100 analyses per month, up to 25 active clients.
• Pro — €79 per month, unlimited analyses, unlimited clients, priority processing.

Plan features and pricing are subject to change in accordance with Section 18.

4.2 Billing

Paid subscriptions are billed monthly in advance on the date you upgrade to a paid plan ("Billing Date"). Payments are processed by Stripe. By providing a payment method, you authorise CoachTone (through Stripe) to charge the applicable fee on each Billing Date until you cancel.

If a payment fails, we will retry the charge for up to 7 days. If payment remains unsuccessful after this period, your account will be downgraded to a restricted state and you will lose access to paid features until payment is resolved.

4.3 VAT and Taxes

Prices are displayed exclusive of VAT. Irish VAT at the applicable rate will be added for Irish customers. If you are a VAT-registered business in another EU member state, you may provide your VAT number to apply the reverse-charge mechanism. You are solely responsible for all taxes applicable in your jurisdiction beyond Irish VAT.

New accounts receive a 7-day free trial with access to all Service features, subject to a limit of 10 AI analyses. No credit card is required to start a trial. At the end of the trial period:

• Your account remains active but analysis functionality is disabled until you subscribe to a paid plan.
• Your data (client records, check-in history) is retained for 90 days, after which it may be permanently deleted if you have not subscribed.
• We will send you a reminder email before any data deletion occurs.

CoachTone reserves the right to modify trial terms, duration, or limits at any time for future signups.

6.1 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You retain access to paid features until that date. We do not provide prorated refunds for partial months.

6.2 Refunds

All fees are non-refundable except in the following circumstances:

• Billing error — If you were charged incorrectly (e.g., duplicate charge), we will provide a full refund of the erroneous amount within 10 business days.
• Irish Consumer Rights Act 2022 — If you are a consumer (not a business), you may have statutory cancellation rights within 14 days of entering a new subscription contract, provided you have not commenced use of the paid Service. Exercising this right requires written notice to legal@coachtone.net.
• Service unavailability — If the Service is unavailable for more than 72 consecutive hours in a billing period due to our fault, you may request a prorated credit for the period of unavailability.

Refund requests must be submitted within 30 days of the charge in question.

6.3 Termination by CoachTone

If we terminate your account due to a violation of these Terms, no refund will be issued for the current or any prior billing period.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to process data relating to individuals without a lawful basis under applicable data protection law (see Section 9);
• Submit content that is defamatory, fraudulent, hateful, obscene, or that violates any applicable law;
• Attempt to gain unauthorised access to any part of the Service, its servers, or any account other than your own;
• Use automated bots, scrapers, or crawlers against the Service except where expressly permitted by us in writing;
• Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the Service;
• Resell, sublicense, or otherwise commercialise access to the Service to third parties without our written consent;
• Submit or upload malware, viruses, or any other malicious code;
• Use the Service in any way that could impair, damage, or overburden its infrastructure;
• Circumvent any usage limits, access controls, or security measures;
• Use outputs from the Service to develop a competing product or service.

We reserve the right to investigate suspected violations and, where warranted, suspend or terminate accounts, remove content, and report violations to law enforcement authorities.

8.1 Ownership

You retain full ownership of all content you submit to the Service, including check-in texts, client records, and voice samples ("Your Content"). By submitting Your Content, you grant CoachTone a limited, non-exclusive, worldwide, royalty-free licence to store, process, and display Your Content solely for the purpose of providing and improving the Service to you.

8.2 Your Clients' Data — Your Responsibility

When you input client personal data through the Service, you are the data controller for that data and CoachTone acts as your data processor under GDPR Article 28. You are solely responsible for ensuring that:

• You have a valid legal basis to process each client's personal data using a third-party AI service;
• Your clients have been informed, in a compliant privacy notice, that their data may be processed by AI tools and that replies they receive from you may be AI-assisted drafts;
• Where client data constitutes special category health data (e.g., weight, medical conditions, mental health), you have obtained explicit informed consent from those clients;
• You comply with all applicable data protection legislation in your jurisdiction.

CoachTone accepts no liability for your failure to comply with these obligations.

8.3 Data Processing Addendum

To the extent that GDPR applies, these Terms incorporate a Data Processing Addendum ("DPA"). The DPA governs CoachTone's obligations as your data processor. Key terms of the DPA include:

• We process client data only on your documented instructions;
• We implement appropriate technical and organisational security measures;
• We assist you in responding to data subject rights requests relating to client data on the platform;
• We notify you within 48 hours of becoming aware of a personal data breach affecting client data;
• We delete or return client data upon termination of your account;
• We engage sub-processors (Anthropic, Vercel, Neon, Clerk) only under written agreements containing GDPR-equivalent protections.

The full standalone DPA, including its annexes (security measures and the current sub-processor list), is published at coachtone.net/dpa. By accepting these Terms you also accept the DPA in respect of your processing of Client Data through the Service.

9.1 CoachTone IP

The Service, including its software, source code, design, trademarks, logos, and all content created by CoachTone, is the exclusive intellectual property of CoachTone and its licensors, protected by Irish and international copyright, trademark, and other applicable IP laws. Nothing in these Terms grants you any rights in or to CoachTone's intellectual property other than the limited right to use the Service as set out herein.

9.2 AI-Generated Outputs

The analyses, scores, coaching strategy recommendations, and reply drafts generated by the Service ("AI Outputs") are produced using large language models and are provided to you. You own the AI Outputs generated from Your Content, subject to any applicable third-party AI model terms. You are free to use, copy, and modify AI Outputs for your coaching practice.

9.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant CoachTone a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose, including incorporating it into the Service, without any obligation to you.

CoachTone uses artificial intelligence to generate analysis, scores, risk flags, coaching strategy suggestions, and reply drafts based on the check-in text you submit. You acknowledge and agree that:

• AI Outputs are not professional advice. Nothing produced by the Service constitutes medical advice, clinical nutritional advice, psychological counselling, physiotherapy guidance, or any other form of regulated professional advice. CoachTone is a productivity tool for coaches — it does not replace qualified professional judgment.
• AI Outputs may be inaccurate, incomplete, or inappropriate. Large language models can produce plausible-sounding but incorrect, misleading, or contextually inappropriate content. You must review, evaluate, and edit every AI Output before using it with a client.
• You are solely responsible for all communications sent to clients. CoachTone provides drafts. The decision to send any reply, in whole or in part, is yours alone. CoachTone accepts no liability whatsoever for harm — physical, psychological, financial, or otherwise — arising from any reply sent to a client that was informed by an AI Output.
• Risk flags are not clinical assessments. The Service's risk-flagging feature (e.g., flags for disordered eating, injury risk, or emotional distress) is a prompt to review, not a clinical diagnosis. If a client's check-in suggests a serious health concern, you must exercise your own professional judgment and, if appropriate, refer the client to a qualified healthcare professional.
• Do not rely on AI Outputs for emergency situations. If any check-in content suggests a client may be in immediate danger, contact appropriate emergency services directly and immediately. Do not wait for or rely on an AI-generated response.

By using the Service, you accept full professional and legal responsibility for the content of all communications you send to your clients.

EU Artificial Intelligence Act

CoachTone operates as a deployerof a limited-risk AI system under the EU AI Act (Regulation (EU) 2024/1689). In compliance with Article 50, you are expressly informed that the analyses, scores, coaching awareness flags, and reply drafts produced by the Service are AI-generated. As a deployer, CoachTone ensures the AI system is used with appropriate human oversight as required by Article 26 — specifically, all AI Outputs must be reviewed and approved by you before use with any client. CoachTone's AI system does not make autonomous decisions with legal or similarly significant effects on individuals.

CoachTone's coaching awareness flags are not classified as a high-risk AI system under Annex III of the EU AI Act. They do not constitute clinical diagnosis, medical assessment, or any form of regulated professional advice. They are productivity signals intended to inform your professional judgment as a coach. All flagged situations remain entirely under your control and responsibility.

To the maximum extent permitted by Irish law:

• Aggregate cap.CoachTone's total aggregate liability to you for any and all claims arising under or in connection with these Terms or the Service (whether in contract, tort including negligence, breach of statutory duty, or otherwise) shall not exceed the greater of: (a) the total fees paid by you to CoachTone in the 12 months immediately preceding the event giving rise to the claim, or (b) €100.
• Excluded losses.In no event shall CoachTone be liable for: (i) any indirect, special, incidental, consequential, or punitive damages; (ii) loss of profits, revenue, data, business, or goodwill; (iii) any harm arising from your clients' reliance on AI Outputs; (iv) any harm arising from your failure to comply with your data protection obligations; or (v) any loss arising from third-party service failures (Clerk, Anthropic, Vercel, Neon, Stripe), even if CoachTone has been advised of the possibility of such losses.

Nothing in these Terms limits or excludes CoachTone's liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded under Irish law.

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, CoachTone expressly disclaims all warranties including, without limitation:

• Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;
• Any warranty that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• Any warranty regarding the accuracy, completeness, reliability, or quality of any AI Output;
• Any warranty that the Service will meet your specific requirements or produce any particular coaching outcome.

Statutory rights available under the Irish Consumer Rights Act 2022 are not affected by this disclaimer where they apply.

You agree to defend, indemnify, and hold harmless CoachTone and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in breach of these Terms;
• Any coaching advice, reply, or communication you send to a client that incorporates an AI Output;
• Your failure to comply with applicable data protection law in respect of your clients' personal data;
• Your infringement of any third-party intellectual property right;
• Any claim by a client arising from your use of the Service.

We aim to provide a reliable Service but do not guarantee any specific uptime. We may:

• Perform scheduled maintenance with reasonable advance notice;
• Suspend the Service in response to security incidents, legal requirements, or force majeure events;
• Modify, add, or remove features at any time. For material changes to paid features, we will provide at least 30 days' notice by email.

If we discontinue the Service entirely, we will provide at least 60 days' notice and a prorated refund for any prepaid but unused subscription period.

15.1 By you

You may close your account at any time via your account settings. Upon closure, all your data will be scheduled for deletion within 30 days, except billing records required by law. See Section 6 for applicable refund terms.

15.2 By CoachTone

We may suspend or terminate your account immediately, with or without notice, if: (a) you breach these Terms in a material way; (b) your account is being used fraudulently; (c) we are legally required to do so; or (d) you engage in conduct that we reasonably believe harms other users or the Service. For non-material or first-time breaches, we will typically give you notice and an opportunity to remedy the breach before terminating.

15.3 Effect of termination

Upon termination for any reason: your right to access the Service ceases immediately; we will delete your data in accordance with our retention schedule; Sections 8.1, 9, 10, 11, 12, 13, 16, and 17 survive termination.

The Service integrates with third-party services including Clerk (authentication), Anthropic (AI processing), Vercel (hosting), Neon (database), and Stripe (payments). These services are governed by their own terms of service and privacy policies. CoachTone is not responsible for any acts or omissions of these third parties. Links to their terms are available in our Privacy Policy.

You acknowledge that AI Outputs are generated by Anthropic's language models and that Anthropic's Usage Policy applies to your use of those outputs.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes and claims) shall be governed by and construed in accordance with the laws of Ireland.

Subject to Section 18 (Dispute Resolution), you and CoachTone irrevocably submit to the exclusive jurisdiction of the courts of Ireland to settle any dispute or claim arising under or in connection with these Terms.

If you are a consumer resident in another EU member state, you may have the right to bring proceedings in your local courts under EU consumer protection law, and nothing herein limits that right.

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally. The claiming party must send a written notice of the dispute to legal@coachtone.net describing the nature of the dispute and the relief sought. The parties shall then have 30 calendar days to attempt to resolve the dispute in good faith before either party may initiate litigation.

This informal dispute resolution requirement does not apply to claims for injunctive or other equitable relief, or to claims relating to intellectual property infringement.

We may update these Terms from time to time. For material changes, we will provide at least 30 days' written notice by email to your registered address before the new Terms take effect. If you do not accept the updated Terms, you must cancel your account before the effective date; continued use after that date constitutes acceptance.

For non-material changes (e.g., clarifications, typographical corrections), we will update the "Last updated" date and the changes will take effect on publication.

• Entire Agreement. These Terms (including the Privacy Policy and any DPA) constitute the entire agreement between you and CoachTone regarding the Service and supersede all prior agreements, representations, and understandings.
• Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary, and the remaining provisions will remain in full force.
• No waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of those rights.
• Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond their reasonable control, including natural disasters, acts of government, power failures, internet disruptions, or third-party service outages.
• Language. These Terms are written in English. Any translations are provided for convenience only; the English version shall prevail in the event of any conflict.

For legal enquiries, notices, or questions regarding these Terms:

CoachTone — Legal
Ireland
Email: legal@coachtone.net

For privacy and data protection queries: privacy@coachtone.net