Terms of Use

Welcome to Notch. These Terms of Use ("Terms") govern your access to and use of the Notch mobile application, website, and related services (collectively, the "Service") provided by Notch ("we", "our", or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Please also review our Privacy Policy and End User License Agreement (EULA), which are incorporated herein by reference.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We may modify these Terms at any time. Material changes will be notified through the Service or via email. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

Notch is a fitness and wellness coaching platform that connects coaches with clients. The Service includes:

• Workout planning and tracking
• Nutrition tracking and meal planning
• Progress monitoring and analytics
• Messaging and communication tools
• Calendar and scheduling features
• Educational content and courses

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

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Types

The Service offers two types of accounts:

• Client Accounts: For individuals seeking coaching services
• Coach Accounts: For fitness professionals providing coaching services

Different terms and features may apply based on your account type.

3.3 Account Termination

You may terminate your account at any time. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Subscriptions and Payments

4.1 Coach Subscriptions

Coaches may subscribe to premium plans that provide access to additional features and client capacity. Subscription plans include:

• Coach Essentials: Basic coaching features with limited client capacity
• Coach Pro: Advanced features with increased client capacity
• Coach Elite: Full feature access with unlimited clients

Subscriptions are available on a monthly or annual basis. Prices are displayed in the app and may vary by region.

4.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You authorize us to charge your payment method for renewal fees.

Subscription Title: Coach Essentials / Coach Pro / Coach Elite
Subscription Length: 1 Month or 1 Year (as selected)
Price: As displayed in the app at time of purchase
Price per Unit: For annual subscriptions, the monthly equivalent is displayed

4.3 Cancellation

You may cancel your subscription at any time through:

• Your device's App Store settings (iOS)
• Your Google Play account settings (Android)
• Contacting support at support@notch.coach

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the period ends.

4.4 Refunds

Refund requests are handled according to the policies of the App Store (Apple) or Google Play Store. We may provide refunds at our discretion for exceptional circumstances.

4.5 Client Payments

Coaches may charge clients for coaching services through the Service. Payment processing is handled by third-party payment processors. Coaches are responsible for setting their own pricing and payment terms with clients.

5. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Upload malicious code, viruses, or harmful content
• Impersonate others or provide false information
• Harass, abuse, or harm other users
• Spam or send unsolicited communications
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Use the Service for any illegal or unauthorized purpose

Violation of these rules may result in immediate account termination.

6. User Content

6.1 Ownership

You retain ownership of content you create, upload, or share through the Service ("User Content"). By using the Service, you grant us a license to:

• Store, process, and display your User Content
• Use your User Content to provide and improve the Service
• Share User Content with other users as intended by the Service (e.g., coaches with clients)

6.2 Content Standards

User Content must not:

• Be illegal, harmful, or violate any rights
• Contain offensive, defamatory, or discriminatory material
• Include personal information of others without consent
• Promote dangerous activities or misinformation

6.3 Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

7. Intellectual Property

The Service, including its design, features, and content (excluding User Content), is owned by Notch and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission. You may use the Service only for its intended purpose.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted or error-free
• Warranties regarding the accuracy or reliability of information

We do not provide medical, health, or fitness advice. The Service is for informational and coaching purposes only. Always consult with qualified healthcare professionals before beginning any exercise or nutrition program.

Coaches are independent service providers, not employees or agents of Notch. We are not responsible for the quality, accuracy, or outcomes of coaching services provided through the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTCH SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or other intangible losses
• Damages resulting from use or inability to use the Service
• Damages resulting from unauthorized access or data breaches

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

10. Indemnification

You agree to indemnify and hold Notch harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another.

11. Third-Party Services

The Service may integrate with or link to third-party services, including:

• Payment processors (Stripe, Apple, Google)
• Fitness tracking services (Strava)
• Analytics and infrastructure providers

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

12. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Notch operates, without regard to conflict of law principles.

13.2 Dispute Resolution Process

In the event of a dispute, you agree to:

• First contact us at support@notch.coach to attempt to resolve the dispute
• If unresolved, participate in good faith in mediation or arbitration as required by applicable law

14. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated through:

• In-app notifications
• Email to your registered address
• Posting on our website

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Notch regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

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