SocialCoach Online Terms of Service

These SocialCoach Online Terms of Service (the “Terms”) are a binding agreement between you and SocialCoach, LLC, a Delaware limited liability company (“SocialCoach,” “we,” “us,” or “our”). These Terms govern your access to and use of the SocialCoach platform, websites, mobile applications, tools, content libraries, landing pages, review features, social media publishing tools, video tools, analytics, AI-assisted features, and related services we make available (collectively, the “Service”).

By clicking to accept these Terms, creating an account, placing an order, subscribing to a plan, or accessing or using the Service, you agree to these Terms.

If you are using the Service on behalf of a company, brokerage, lender, bank, credit union, real estate team, agency, or other organization, then: (a) you represent that you have authority to bind that organization; (b) these Terms bind that organization; and (c) the words “you” and “your” refer to that organization and its Authorized Users.

If you do not agree to these Terms, do not use the Service.

1. Eligibility and Authority

1.1 Minimum Age. You must be at least 18 years old to use the Service.

1.2 Authority. If you accept these Terms on behalf of an organization, you represent and warrant that you have full legal authority to bind that organization.

1.3 Authorized Users. If you are an organization, you may permit your employees or contractors (“Authorized Users”), subject to these Terms and any applicable plan limits. You are responsible for all acts and omissions of your Authorized Users.

2. Accounts and Access

2.1 Account Registration. You must provide accurate, current, and complete information when creating an account and keep that information updated.

2.2 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must promptly notify us at support@socialcoach.io if you believe your account has been compromised or used without authorization.

2.3 Administrator Controls. If you purchase a business plan or otherwise create a team or company account, your account administrators may be able to add or remove Authorized Users, assign permissions, connect third-party accounts, manage content, access usage information, and take other actions within the Service. You are responsible for selecting your administrators and for their actions.

2.4 Service Availability. We will use commercially reasonable efforts to make the Service available, but we do not guarantee uninterrupted or error-free operation.

3. Orders, Plans, and Renewals

3.1 Plans. The Service may be offered on a monthly, annual, usage-based, trial, promotional, or other basis, as described on the applicable checkout page, order page, pricing page, or in-product purchase flow (each, an “Order”).

3.2 Business and Individual Plans. The Service may be purchased by individual users for their own business use and by businesses or teams for use by multiple Authorized Users. Your rights depend on the plan you purchase.

3.3 Auto-Renewal. Unless your Order states otherwise, each paid subscription automatically renews for successive periods equal to the initial subscription term unless canceled before the renewal date.

3.4 Monthly Plans. Monthly plans renew monthly until canceled. If you cancel a monthly plan, the cancellation will take effect at the end of the then-current billing period unless otherwise required by law.

3.5 Annual Plans. Annual plans renew annually unless canceled before the renewal date. Unless otherwise stated in the applicable Order, annual fees are billed in advance and are non-refundable once the renewal term begins.

3.6 Plan Changes. You may upgrade your plan at any time, and the upgrade may take effect immediately. Downgrades or reductions in seats, features, or usage allowances may take effect at the end of the then-current billing cycle or renewal term, unless we expressly agree otherwise in writing.

3.7 Usage-Based Charges and Add-Ons. If your plan includes usage-based fees, overages, add-on services, extra seats, extra credits, or additional feature purchases, you authorize us to charge your payment method for those amounts at the rates disclosed in the applicable Order, pricing page, or checkout flow.

3.8 Free Trials and Promotions. If we offer a free trial or promotional plan, we may modify or terminate that offer at any time as permitted by law. At the end of a free trial, your paid subscription may begin automatically if disclosed when you sign up, unless you cancel before the trial ends.

4. Fees, Payment, Taxes, and Cancellation

4.1 Fees. You agree to pay all fees described in your Order. Except as expressly stated in these Terms or required by law, all fees are non-cancelable and non-refundable.

4.2 Payment Method. If you provide a credit card, debit card, ACH authorization, or other payment method, you authorize us and our payment processors to charge it for all amounts due under your Order, including renewals, overages, add-ons, applicable taxes, and unpaid prior balances.

4.3 Failed Payments. If a payment fails, we may retry the payment method, suspend or limit access to the Service, and require you to provide an updated payment method. You remain responsible for all unpaid amounts.

4.4 Taxes. Fees do not include taxes, duties, levies, or similar governmental assessments, all of which are your responsibility, except for taxes based on our net income.

4.5 Price Changes. We may change our pricing from time to time. Any pricing change will apply prospectively and, for existing paid subscriptions, no earlier than your next renewal term unless the change relates to taxes, governmental charges, or usage-based amounts already disclosed in your Order.

4.6 How to Cancel. You may cancel your subscription through your account settings or by contacting us at [support@socialcoach.io]. You are responsible for completing the cancellation process before the renewal date.

4.7 No Purchase Orders Required. For self-serve online subscriptions, your obligation to pay is not conditioned on issuance of a purchase order or other internal procurement document.

5. Limited Rights to Use the Service

5.1 License. Subject to these Terms and your timely payment of all applicable fees, SocialCoach grants you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Service for your internal business purposes in accordance with your plan.

5.2 Reservation of Rights. The Service is licensed, not sold. Except for the limited rights expressly granted in these Terms, SocialCoach retains all right, title, and interest in and to the Service, including all software, designs, interfaces, workflows, templates, graphics, text, video tooling, AI functionality, analytics, and all related intellectual property rights.

5.3 Restrictions. You will not, and will not permit any third party to:

(a) copy, modify, distribute, sell, lease, sublicense, resell, or commercially exploit the Service except as expressly permitted by these Terms;

(b) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, trade secrets, or underlying ideas from the Service, except to the limited extent prohibited by applicable law;

(c) use the Service to build, benchmark for external publication, train, or improve a competing product or service;

(d) remove or alter any proprietary notices in the Service;

(e) access the Service to circumvent plan restrictions, seat limits, usage limits, feature gates, or security protections;

(f) upload, transmit, or distribute any malware, spyware, worms, ransomware, or other harmful code;

(g) interfere with or disrupt the integrity, security, performance, or operation of the Service;

(h) use the Service in violation of applicable law or third-party rights; or

(i) use the Service for unlawful spam, deceptive marketing, fraudulent activity, or any content or conduct that is defamatory, infringing, harassing, abusive, obscene, or otherwise unlawful.

6. Customer Content and Customer Data

6.1 Customer Content. “Customer Content” means content, data, text, images, videos, audio, captions, scripts, testimonials, reviews, comments, links, account information, prompts, social media content, branding, and other materials that you or your Authorized Users upload to, submit to, create in, connect to, generate through, or otherwise make available through the Service.

6.2 Ownership. As between the parties, you retain all right, title, and interest in and to your Customer Content.

6.3 License to SocialCoach. You grant SocialCoach a non-exclusive, worldwide, limited right and license to host, store, reproduce, transmit, display, perform, format, modify solely for technical purposes, and otherwise use Customer Content only as necessary to provide, maintain, support, secure, and improve the Service and to fulfill our obligations under these Terms.

6.4 Aggregated and De-Identified Data. As part of the Service, SocialCoach may generate, display, and provide to you and your Authorized Users account-level analytics, dashboards, reports, insights, and other information relating to your use of the Service, your Customer Content, connected accounts, campaigns, user activity, content performance, and related metrics (collectively, “Service Analytics”). Service Analytics provided within your account or to your Authorized Users may identify you, your Authorized Users, or data associated with your account to the extent necessary to provide the Service.

SocialCoach may also collect, compile, and use usage data, operational data, performance data, and other information derived from use of the Service to create aggregated, statistical, and de-identified reports, benchmarks, trend analyses, product analytics, and research materials for operating, supporting, improving, marketing, and developing the Service and SocialCoach’s business, provided that such information does not identify you, your Authorized Users, or any individual person as the source and does not disclose your Customer Content except in aggregated or de-identified form.

6.5 Responsibility for Customer Content. You are solely responsible for your Customer Content, including for its legality, accuracy, quality, completeness, permissions, disclosures, claims, endorsements, testimonials, approvals, and compliance with applicable law and third-party platform rules. SocialCoach does not create, control, verify, approve, monitor, endorse, or assume any responsibility or liability for Customer Content posted, published, sent, displayed, distributed, or otherwise made available by you or your Authorized Users through the Service. You represent and warrant that you have all rights, permissions, and consents necessary to submit, use, publish, process, and direct us to process your Customer Content through the Service.

6.6 Publicity. You grant SocialCoach a non-exclusive, worldwide, royalty-free right and license to use your name, logo, trademarks, and public-facing testimonials to identify you as a customer and for SocialCoach’s marketing, promotional, and business development purposes.

7. AI Features and Outputs

7.1 AI Features. The Service may include AI-assisted features, including content suggestions, captions, scripts, summaries, recommendations, review tools, tagging, classifications, or other machine-assisted outputs (collectively, “AI Features”).

7.2 Output Limitations. AI Features may produce inaccurate, incomplete, biased, offensive, non-compliant, or non-unique results. AI-generated or AI-assisted output may resemble content generated for other users or third parties.

7.3 Your Review Required. You are solely responsible for reviewing and approving all AI-assisted content, recommendations, and outputs before using, publishing, sharing, or relying on them.

7.4 No Legal or Compliance Advice. AI Features do not provide legal, regulatory, compliance, tax, lending, securities, insurance, or other professional advice.

7.5 Third-Party AI Providers. We may use third-party service providers to power or support certain AI Features, subject to confidentiality, security, and data-processing obligations.

8. Social Platforms and Third-Party Services

8.1 Third-Party Services. The Service may interoperate with third-party products, websites, social media platforms, payment processors, analytics tools, customer relationship systems, communication services, and app stores (collectively, “Third-Party Services”).

8.2 Your Choice. Your use of any Third-Party Services is governed by the applicable third party’s terms and policies, not these Terms. We are not responsible for Third-Party Services, including their availability, security, functionality, data practices, or changes to their APIs, rules, or policies.

8.3 Connected Accounts. If you connect a social media account or other Third-Party Service to the Service, you authorize us to access and interact with that account as necessary to provide the Service features you enable.

8.4 Platform Rules. You are responsible for complying with all rules, disclosures, endorsement requirements, advertising rules, testimonial rules, content restrictions, account requirements, and other policies imposed by any Third-Party Service you use with the Service.

8.5 Third-Party Platform Issues. SocialCoach is not responsible or liable for any unavailability, outage, removal, suspension, rejection, delay, throttling, API change, feature change, policy change, content moderation decision, account restriction, account termination, delivery failure, analytics discrepancy, or other act or omission of any Third-Party Service. Access to or integration with any Third-Party Service is only one component of the Service. Any issue, limitation, or disruption involving a Third-Party Service does not by itself constitute a failure of the Service and does not entitle you to any refund, credit, offset, or other compensation from SocialCoach, except as expressly required by applicable law.

9. Regulated Industries and Compliance Responsibilities

9.1 Workflow Tools Only. SocialCoach provides software tools intended to support content creation, organization, distribution, review workflows, analytics, social selling, landing pages, reviews management, and related activities.

9.2 No Compliance Guarantee. SocialCoach does not guarantee that any content, account activity, workflow, review process, AI output, recommendation, flag, warning, or approval feature will satisfy any law, regulation, licensing standard, supervisory expectation, or company policy.

9.3 Your Responsibility. You remain solely responsible for:

(a) all content published, sent, displayed, or otherwise made available through the Service;

(b) compliance with laws, regulations, licensing requirements, advertising rules, endorsement and testimonial rules, privacy laws, consumer protection laws, intellectual property laws, and industry-specific requirements applicable to your business;

(c) obtaining all required approvals, disclosures, permissions, and consents;

(d) supervising your personnel and enforcing your own policies; and

(e) determining whether the Service is appropriate for your specific legal and regulatory environment.

9.4 No Professional Advice. The Service is not legal advice, compliance advice, investment advice, mortgage advice, lending advice, insurance advice, or other professional advice.

10. Privacy and Security

10.1 Privacy Policy. Our collection, use, and disclosure of personal information is described in our Privacy Policy at https://www.socialcoach.io/privacy, which is incorporated into these Terms by reference.

10.2 Security Measures. We will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Content in our possession or control.

10.3 No Sensitive Consumer Financial Data. Unless we expressly agree otherwise in writing, the Service is not intended to store nonpublic personal financial information, payment card data subject to PCI DSS storage restrictions, protected health information regulated by HIPAA, or other highly sensitive regulated data.

11. Feedback

If you provide suggestions, ideas, enhancement requests, recommendations, or other feedback relating to the Service (“Feedback”), you grant SocialCoach a worldwide, perpetual, irrevocable, royalty-free right and license to use, modify, and incorporate that Feedback into the Service without restriction or obligation to you, provided that we will not publicly identify you as the source without your permission.

12. Beta Features

We may offer features, tools, or functionality designated as alpha, beta, pilot, preview, early access, or similar (“Beta Features”). Beta Features are offered as-is, may be modified or discontinued at any time, and may not be as reliable or secure as generally available features.

13. Suspension and Termination

13.1 Suspension Rights. We may suspend or limit your access to the Service immediately if we reasonably believe:

(a) you have breached these Terms;

(b) your use poses a security risk or may harm the Service or other users;

(c) your use may create legal exposure for us or others;

(d) payment is overdue; or

(e) suspension is required by law or by a Third-Party Service provider whose services are necessary to provide the Service.

13.2 Termination by You. You may stop using the Service at any time. Termination or cancellation does not relieve you of any obligation to pay fees already incurred.

13.3 Termination by SocialCoach. We may terminate these Terms or your access to the Service if you materially breach these Terms and fail to cure that breach within 10 days after notice, except that we may terminate immediately for fraud, abusive conduct, unlawful conduct, repeated infringement, or material security threats.

13.4 Effect of Termination. Upon termination or expiration, your right to use the Service ends. We may delete or disable access to Customer Content after a reasonable period following termination, except as required by law or our internal retention policies.

13.5 Data Export. For paid business subscriptions, and unless prohibited by law or technically infeasible, we will provide a reasonable opportunity to export available Customer Content for 30 days following termination or expiration, provided that all undisputed fees have been paid in full.

14. Intellectual Property Claims and DMCA

14.1 Claims of Infringement. If you believe content available through the Service infringes your copyright, you may send a notice to us at:

SocialCoach Copyright Agent

SocialCoach, LLC

260 S 2500 W STE 203

Pleasant Grove, UT 84062

Email: support@socialcoach.io

14.2 Notice Requirements. A copyright notice must include all information required by applicable law, including the information required by 17 U.S.C. Section 512(c)(3).

14.3 Repeat Infringers. We may remove allegedly infringing materials and terminate repeat infringers where appropriate.

15. Disclaimers

15.1 As-Is Service. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE, ALL AI FEATURES, ALL OUTPUTS, ALL CONTENT, AND ALL BETA FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

15.2 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIALCOACH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLIANT WITH ANY LAW OR THIRD-PARTY PLATFORM REQUIREMENT.

15.3 No Outcome Promise. SOCIALCOACH DOES NOT WARRANT THAT USE OF THE SERVICE WILL RESULT IN LEADS, REVENUE, SOCIAL MEDIA REACH, BUSINESS GROWTH, ENGAGEMENT, COMPLIANCE APPROVAL, OR ANY PARTICULAR BUSINESS OUTCOME.

16. Indemnification

You will, at your sole expense, defend, indemnify, and hold harmless SocialCoach and its officers, directors, employees, contractors, affiliates, successors, and assigns from and against any and all third-party claims, demands, suits, proceedings, investigations, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

(a) your Customer Content, including any content, post, message, review, testimonial, endorsement, video, caption, image, link, or other material created, uploaded, published, sent, displayed, distributed, or otherwise made available by you or your Authorized Users through the Service;

(b) allegations that your Customer Content is false, misleading, defamatory, infringing, invasive of privacy or publicity rights, non-compliant, unlawful, or otherwise violates applicable law or third-party rights;

(c) your use of the Service in violation of these Terms;

(d) your violation of applicable law, regulation, platform rule, or third-party rights; or

(e) any dispute between you and your Authorized Users, customers, prospects, social media followers, leads, or other third parties.

For clarity, SocialCoach will have no responsibility or liability for Customer Content, and your indemnification obligations apply even if a claim alleges that SocialCoach assisted in hosting, formatting, scheduling, transmitting, displaying, reviewing, flagging, or publishing that Customer Content through the Service.

17. Limitation of Liability

17.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SOCIALCOACH OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SOCIALCOACH AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (a) THE AMOUNTS PAID OR PAYABLE BY YOU TO SOCIALCOACH FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (b) $100.

17.3 Basis of the Bargain. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION AND ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

18. Governing Law and Venue

18.1 Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be governed by the laws of the State of Utah, without regard to its conflict of laws principles.

18.2 Exclusive Venue. The state courts located in Utah County, Utah, and, where federal jurisdiction applies, the United States District Court for the District of Utah, will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party irrevocably submits to the personal jurisdiction and venue of those courts.

18.3 Injunctive Relief. Nothing in these Terms prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction for actual or threatened misuse of intellectual property, confidential information, or other rights for which monetary damages would be inadequate.

18.4 Class Action Waiver. To the maximum extent permitted by law, each party agrees that any claim will be brought only in that party’s individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.

19. Changes to the Service and These Terms

19.1 Service Changes. We may modify, update, add to, or discontinue all or part of the Service from time to time.

19.2 Terms Changes. We may update these Terms from time to time. If we make material changes, we will post the updated Terms on our website and update the Effective Date above. For material adverse changes to paid subscriptions, we will use reasonable efforts to provide notice, such as by email, in-product notice, or account notification. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the updated Terms.

20. Communications

20.1 Electronic Communications. You consent to receive communications from us electronically, including notices, disclosures, invoices, receipts, and other information by email, in-product notification, SMS where permitted, or through the Service.

20.2 Legal Notices to You. We may send legal notices to the email address associated with your account, and such notices will be deemed given when sent.

20.3 Legal Notices to Us. Legal notices to SocialCoach under these Terms must be sent to:

SocialCoach, LLC

Attn: Legal

260 S 2500 W STE 203

Pleasant Grove, UT 84062

Email: support@socialcoach.io

21. Miscellaneous

21.1 Entire Agreement. These Terms, together with any applicable Order, the Privacy Policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and SocialCoach regarding the Service and supersede all prior or contemporaneous agreements, proposals, communications, and understandings relating to the Service.

21.2 Order of Precedence. If there is a conflict between these Terms and an applicable Order, the Order will control solely with respect to the specific subject matter of that Order.

21.3 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

21.4 No Waiver. A waiver of any breach is not a waiver of any other breach.

21.5 Severability. If any provision of these Terms is held to be unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

21.6 Independent Contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, fiduciary, employment, or franchise relationship between the parties.

21.7 Force Majeure. SocialCoach will not be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, internet or telecommunications failures, platform outages, governmental actions, or failures of suppliers or service providers.

21.8 Export and Sanctions Compliance. You may not use the Service in violation of U.S. export control or economic sanctions laws, and you represent that you are not located in, organized in, or ordinarily resident in a prohibited jurisdiction and are not on any government restricted party list.

21.9 Survival. Sections that by their nature should survive termination will survive, including Sections 4, 5.2, 6, 7.3, 9, 11, 13.4, 13.5, 14, 15, 16, 17, 18, 20, and 21.