Terms of Use

The Coachable Service

We agree to provide you with the Coachable Service. Coachable includes all of the Coachable features, applications, services, technologies, and software that we provide to advance Coachable’s mission: For coaches & athletes to engage in sports specific training. Using our analyzation software to provide multiple avenues for improvement, wherever you are in the world.  The Coachable service is made up of the following aspects:

• Offering personalized opportunities to connect, communicate, analyze and improve skills and training.
  Our goal is to build systems that connect you to coaches and athletes everywhere, to better engage your level of understanding of sports specific training techniques. Part of that is offering ways for you to experience Coachable, based on things you and others do on and off Coachable.
• Creating positive, inclusive, and safe environment to access coaching.
  We develop and use tools and offer resources to our community members that help to make their Coachable experience positive and inclusive. We also have systems in place to combat abuse and violations of our Terms of Use policies, as well as harmful and deceptive behavior. We use all the information we have-including your information-to try to keep our platform secure. We may share information about misuse or harmful content with law enforcement. Learn more in the Safety & Security Policy
• Developing and using technologies to help globally connect sporting communities.
  Providing access to international, national and local coaches and sporting organisations helps to form connections with any athlete, who may otherwise be left without access to a coach in their sport. The analyzing information and technology provided by Coachable allows all athletes, regardless of location, access to accomplished coaching opportunities.
• Ensuring a stable global infrastructure for Coachable.
  To provide Coachable globally, we must store and transfer data across our systems around the world, which may include outside of your country of residence. This infrastructure may be owned or operated by able Inc. or their affiliates.
• Connecting you with brands, products, and services in ways you care about.
  We may use data from your use of Coachable to show you ads, offers, and other sponsored content that we believe will be meaningful to you.
• Research and innovation.
  We use the information we have to review and improve Coachable. This may include collaboration with others, on research to make Coachable better, and contribute to the advancement of our sporting community.

Information about the Data that we collect.

Providing access to Coachable requires collecting and using your information. The Data Policy explains how we collect, use, and share information across all products of able Inc. It also explains the many ways you can control your information, including aspects on safety, security and privacy.  As part of our Terms you must agree to the Data Policy to use Coachable.

This policy describes the information we process to provide you access to Coachable. It Includes:

What kinds of information do we collect?

To provide you with personalized access to Coachable, we must process some information about you. The types of information we collect depend on how you use Coachable.

What we monitor when you use Coachable

• Information and content you provide. We collect the content, communications and other information you provide when you use Coachable, including when you sign up for an account, create or share content, and message or communicate with coaches/ athletes. This can include information about the content you provide (like metadata), such as the location of a photo, source of a video or the date a file was created.
• Connections. We collect information about the people, profiles, and sports that you connect to and how you interact with them across Coachable; such as the coaches you communicate with the most or sporting teams / organisations that you are part of.
• Your usage. We collect information about how you use Coachable, such as the types of content requested; the features you use; the actions you take; the profiles you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used Coachable, and what profiles, videos and other content you view. We also collect information about how you use features like analysis tool.

Who Can Use Coachable.

We want access to Coachable to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to meet a few requirements in order to create a Coachable profile.

Requirements for Coaches

• You must accurately state your current level of knowledge and skill in your chosen sport.
• You must accurately describe your level of experience / participation in your chosen sport.
• You must be at least 13 years old.
• You must not have been be prohibited for any reason, by any sport organisation or governing body.
• You must not have previously had a Coachable or able Inc. profile or account disabled for violation of law or any of our policies.
• You must not be a convicted sex offender.

Requirements for Athletes

• You must not have previously had a Coachable or able Inc. profile or account disabled for violation of law or any of our policies.
• You must be at least 13 years old.
• A parent / guardian may create and monitor a profile on behalf of an athlete under the age of 13 years.

Things that you cannot do or you will be removed from Coachable:

• You can’t impersonate others or provide inaccurate information.
  You must use your true identity on your Coachable profile, and provide us with accurate and up to date information (including registration information). You may not impersonate someone else or create an account for someone else unless you have their express permission. Only a parent or legal guardians may create a profile for a child under 13 years of age.
• You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
• You can’t violate (or help or encourage others to violate) these Terms or any of our policies, including the Coachable Social and Community Guidelines and Coachable Platform Guidelines. Learn how to report inappropriate conduct or content in FAQ
• You can’t do anything to interfere with or impair the intended use of Coachable.
• You can’t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
• You can’t attempt to buy, sell, or transfer any aspect of your account. Or solicit, collect, or use login credentials or badges of other users.
• You can’t use private or confidential information or do anything that violates someone else’s rights, including intellectual property.
• You can’t use a domain name or URL in your profile without our prior written consent.

Permissions You Give to Us.

As part of our agreement, you grant us the permissions that we need to provide the most rewarding Coachable experience.

• We do not claim ownership of your content, but you grant us a license to use it.
  Nothing is changing about your rights in your content. We do not claim ownership of any coaching content that is provided by you to athletes. Or any images / video provided by athletes for analysis. When you upload content that is covered by intellectual property rights (like photos or videos) on or in connection with Coachable, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. You can end this license anytime by deleting your content or account. However, content will continue to appear if you sent it to others and they have not deleted it.
• Permission to use your name, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
  You give us permission to show your profile name, profile picture, and information about your actions or relationships (such as coaches or athletes your connected with) next to or in connection with accounts, ads, offers, and other sponsored content that you engage with that is displayed on Able Products, without any compensation to you. For example, we may show that you engaged a sponsored ad created by a brand that has paid us to display its ads on Coachable.
• You agree that we can download and install updates to Coachable on your device. 

Additional Rights We Retain

• If you select a name or similar identifier within your profile, we may change it if we believe it is not appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
• If you use content covered by intellectual property rights that we have and make available on Coachable (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
• You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines found on our website with our prior written permission.
• You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

 

Content Removal, Disabling or Terminating Your Account

• We can remove any content or information you share on Coachable if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law.
• We can refuse to provide or stop providing you access to all or part of Coachable (including terminating or disabling your profile and account) immediately to protect our community or services, if you create risk or legal exposure for us, violate these Terms of Use or our policies. If you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law.
• Content you delete may persist for a limited period of time in backup copies and will still be visible where you have sent it to others. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.

 

Our Agreement and What Happens if We Disagree

Our Agreement.

• Your use of music on Coachable is also subject to our Music Policy and your use of our API is subject to our Platform Policy. If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.
• If any aspect of this agreement is unenforceable, the rest will remain in effect.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

• This agreement does not give rights to any third parties.
• You cannot transfer your rights or obligations under this agreement without our consent.
• Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

• Coachable is provided “as is” and we can’t guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• We also don’t control what people and others do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through Coachable.
• Our responsibility for anything that happens on Coachable (also called “liability”) is limited as much as the law will allow. If there is an issue with our service of Coachable, we can’t know what all the possible impacts might be. You agree that we won’t be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, profile or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $150 or the amount you have paid us in the past twelve months.
• You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of Coachable. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

How We Will Handle Disputes.

• Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Coachable (“claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Coachable users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
• Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
• The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with Coachable or engage with Coachable in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
• This arbitration provision is governed by the Federal Arbitration Act.
• You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Coachable account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: able Inc. ATTN: Coachable Arbitration Opt-out, 161 Sandefur, Houston GA 31047 USA
• Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Coachable profile and account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to able Inc. ATTN: Coachable Arbitration Opt-out, 161 Sandefur, Houston GA 31047 USA. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Coachable account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
• For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Middle District of Georgia or a state court located in Houston County GA. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
• The laws of the State of Georgia, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Updating These Terms

We may make changes to Coachable and related policies. We may need to make changes to these Terms and Conditions of Use, so that they accurately reflect Coachable and our policies. Unless otherwise required by law, we will notify you (for example, through Coachable) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use Coachable, you will be bound by the updated Terms.

Other Policies included within this Terms of Use Agreement include:

• Data policy
• Music Policy
• Platform Policy
• Safety and Security Policy
• Privacy Policy
• Social and Community Guidelines.

Coachable Data Policy

This policy describes the information we process to provide access to Coachable and the features offered by Coachable.

What kinds of information do we collect?

To provide you with personalized access to Coachable, we must process information about you. The types of information we collect depend on how you use Coachable.

What we monitor when you use Coachable

• Information and content you provide. We collect the content, communications and other information you provide when you use Coachable, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or video or the date a file was created.
• Networks and connections. We collect information about the people, profiles, and sports that you connect to and how you interact with them across Coachable, such as the coaches you communicate with the most or sporting teams / organisations that you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below.
• Your usage. We collect information about how you use Coachable, such as the types of content requested; the features you use; the actions you take; the profiles you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used Coachable, and what profiles, videos and other content you view. We also collect information about how you use features like our camera.
• Information about transactions made on Coachable. If you use make a coaching purchase using Coachable, all information about the purchase or transaction is directed through Stripe, using their secure online payment processing platform.
• All payment information, such as your credit or debit card number and other card information is only accessed securely by STRIPE.
• At no time will your personal payment information will be accessible or stored by Coachable or able apps. We will only receive basic payment details, provided to us by Stripe, including:  Athlete profile making payment, Coach profile receiving payment, Agreed payment amount.
• Information provided by others about you. We receive and store copies of analyzed content, all communications and information that coaches / athletes share when they use Coachable. This can include information about your skills and progress, all messages sent to or by you, or any images / video that is upload.

Device Information

As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with Coachable, and we combine this information across different devices you use. For example, we use information collected about your use of Coachable on your phone to better personalize the content (including ads) or features you see when you use Coachable on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device.

Information we obtain from these devices includes:

• Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
• Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
• Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to Coachable Company Products associated with the same device or account).
• Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
• Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
• Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV.
• Cookie data: data from cookies stored on your device, including cookie IDs and settings. Learn more about how we use cookies in the Coachable Cookies Policy.
• Information from partners.
• Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us. Learn more about the types of partners we receive data from.

How do we use this information?

We use the information we have (subject to choices you make) as described below and to provide and support the Coachable products and related services described in the Terms. Here’s how:

Provide, personalize and improve Coachable.

We use the information we have to deliver an optimum experience with Coachable, including personalized features and content (including ads).

How we use information about you to personalize your Coachable and Coachable experience, including features, content and recommendations in Coachable Products and how we choose the ads that you see.

• Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you’re near-to provide, personalize and improve Coachable, including ads, for you and others. Location-related information can be based on things like precise device location (if you’ve allowed us to collect it), IP addresses, and information from your and others’ use of Coachable Products.
• Product research and development: We use the information we have to develop, test and improve Coachable, including by conducting surveys and research, and testing and troubleshooting new products and features.
• Face recognition: If you have it turned on, we use face recognition technology to recognize create ease of use in unlocking your device and creating added security for you.
• Ads and other sponsored content: We use the information we have about you-including information about your interests, actions and connections-to select and personalize ads, offers and other sponsored content that we show you.
• Provide measurement, analytics, and other business services.

We use the information we have (including your activity off Coachable, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. Learn how we share information with these partners.

• Promote safety, integrity and security.

We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of Coachable, and promote safety and security on and off of Coachable Products. For example, we use data we have to investigate suspicious activity or violations of our Terms or policies, or to detect when someone needs help.

• Communicate with you.

We use the information we have to send you marketing communications, communicate with you about Coachable, and let you know about our policies and Terms. We also use your information to respond to you when you contact us.

How is this information shared?

Your information is shared with others in the following ways:

Sharing on Coachable Products

People and accounts you share and communicate with are inclusive of any coaches an athlete selects and starts a message conversation with about their content, as well as coaches communication back to an athlete in order to help them fulfill an analysis tool order.

Public information can be seen by anyone on Coachable if they have an account and are looking for coaches the assist in their skills.

Information about your active status or presence on Coachable.

People in your networks can see whether or not you are online if you choose to toggle the online/offline switch in your profile settings to show that you are online.

Sharing with Third-Party Partners

We work with third-party partners who help us provide and improve Coachable or who use Coachable Business Tools to grow their businesses, which makes it possible to operate our companies and provide free services. We don’t sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:

Partners who use our analytics services.

We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their listings, Pages, videos and other content on and off the Coachable Products. For example, Page admins and Coachable business profiles receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their Page or account.

We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don’t share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. We also confirm which Coachable ads led you to make a purchase or take an action with an advertiser.

Measurement partners.

We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.

Partners offering goods and services in Coachable.

When you subscribe to receive premium content, or buy something from a seller in Coachable, the content creator or seller can receive your public information and other information you share with them, as well as the information needed to complete the transaction and contact details.

Vendors and service providers.

We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how Coachable are used, providing customer service, facilitating payments or conducting surveys.

Law enforcement or legal requests.

We share information with law enforcement or in response to legal requests in the circumstances outlined below.

III. How do the Coachable Companies work together?

Coachable shares infrastructure, systems and technology with other able Inc. products  to provide an innovative, relevant, consistent and safe experience across all able Inc. company products you use. We also process information about you across the able Inc. company for these purposes, as permitted by applicable law and in accordance with their terms and policies. For example, we process information from all our systems about accounts sending spam to accounts using outside services so we can take appropriate action against those accounts on Coachable or any other able Inc. product profiles. We also work to understand how people use and interact with Coachable, such as understanding the number of unique users on different able Inc. company products.

How can I manage or delete information about me?

• We provide you with the ability to access, rectify, port and erase your data. Learn more in Coachable Help
• We store data until it is no longer necessary to provide our services and Coachable Products, or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.
• When you delete your account, we delete things you have posted, such as your photos and status updates, and you won’t be able to recover that information later. Information that others have shared about you isn’t part of your account and won’t be deleted. If you don’t want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the Coachable Settings.

How do we respond to legal requests or prevent harm?

We access, preserve and share your information with regulators, law enforcement or others:

• In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
• When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off Coachable.
• Information we receive about you (including financial transaction data related to purchases made with Coachable) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.

How will we notify you of changes to this policy?

• We’ll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using Coachable.

 

VII. How to contact Coachable with questions

• You can learn more about how privacy works on Coachable and other Able Inc. products. If you have questions about this policy, you can contact us as described below.

You can contact us online or by mail at:

Online Form

Able, Inc.
ATTN: Privacy Operations.
161 Sandefur Rd., Houston, GA 31047

If you are a California resident, you can learn more about your consumer privacy rights by reviewing the California Privacy Notice here.  https://oag.ca.gov/privacy/ccpa

Coachable Music Policy

These supplemental terms apply if you use the Coachable service for data transfer, upload or download of any kind.  This includes music and video content of any kind used on Coachable or any able Inc. products.

YOU are responsible for the content that you share using Coachable or any able Inc. products. 

People use Coachable to share videos and live stream content with others.  Please keep in mind that you remain solely responsible for the content that you send, share or allow others to view, including any music that is featured or used in the content.  Nothing in these Terms constitutes any authorization by us with respect to any use of music or video on any of able Inc. products.

• Use of any music of video for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.
• You may not use videos or music to create a music listening experience or video experience.
• Any music or video content uploaded, analyzed, or downloaded within the Coachable App experience cannot be shared on other media outlets such as social media or other apps outside of Coachable and the able Inc. line of products. Any violation of these Terms in any way will constitute your account being blocked, deleted and all content removed.
• We want you to learn and grow in all your skills through access to our network on Coachable and all able Inc. products. If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of the music or video is not properly authorized.
• Unauthorized content may be removed.
• You may not be able to access videos or music content in every country in the world.

When sending and receiving video of any kind it is important to remember that content may not be authorized.  It is YOUR responsibility to check content beforehand in order to prevent removal of the content or account blockage and deletion.

Coachable Platform Policy

By using the Coachable Platform, you agree to this policy. By “Platform” we mean a set of APIs, SDKs, plugins, code, specifications, documentation, technology, and services (such as content) that enable others, including profilelication developers and website operators, to retrieve data from Coachable or provide data to us. We reserve the right to change this policy at any time without notice, so please check it regularly. Your continued use of the Coachable Platform constitutes acceptance of any changes. You also agree to and are responsible for ensuring that you comply with the Coachable Terms and Conditions of Use and Coachable Social and Community Guidelines.

We provide the Coachable Platform to support several types of profiles and services. First, we provide them to help members of our community share their own content with profiles or services. We also support profiles and services that help brands and advertisers understand and manage their audience, develop their content strategy, and obtain digital rights. For those we do support, the following terms and information also Apply:

1. General Terms

 

1. Ensure your profile is stable and easily navigable. For example, verify that you have integrated Login correctly. Your profile shouldn’t crash or hang during the testing process.

1. Ensure your profile is an accurate representation of you and what coaching or athletic skills you can successfully share.
2. Don’t confuse, deceive, defraud, mislead, or harass anyone.
3. Be transparent about your identity and your profile’s identity.
4. Don’t use the Coachable Platform for any profile that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
5. Don’t store or cache Coachable login credentials.
6. Follow any instructions we include in our technical documentation.
7. Provide meaningful athlete support on your profile, and make it easy for people to contact you.
8. Comply with Coachable’s privacy policy.
9. Comply with any requirements or restrictions imposed on usage of Coachable user photos and videos (“User Content”) by their respective owners. You are solely responsible for making use of User Content in compliance with owners’ requirements or restrictions.
10. Remove within 24 hours any User Content or other information that Coachable asks you to remove.
11. Obtain a person’s consent before including their content in any training videos.
12. Do not share any content sent to you without the permission of every person included in the image / video.
13. Only store or cache User Content for the period necessary to provide your profile’s service.
14. If you store or cache User Content, keep it up to date. For example, if a user marks a photo as “private”, you must reflect that change by removing the content as soon as reasonably possible.
15. Don’t use the Coachable Platform to simply display User Content, import or backup content, or manage Coachable relationships, without our prior permission.
16. Don’t use athlete information for anything other than analytics without our prior permission. For example, don’t display these relationships in your social media profile.
17. Ensure your comments are uniquely tailored for each person. Don’t send unauthorized commercial communications or spam on Coachable.
18. Respect the limits we’ve placed on Coachable functionality and the way Coachable looks and functions. Don’t offer experiences that change it.
19. Don’t attempt to build an ad network on Coachable.
20. Protect the information you receive from us against unauthorized access, use, or disclosure. For example, don’t use data obtained from us to provide tools that are used for surveillance.
21. Don’t transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, or other advertising or monetization-related service.
22. You can administer a promotion on Coachable if you comply with the in-app rules for setting referrals and follow all applicable laws and regulations.
23. Only incentivize a person to log into your profile or enter a promotion. Don’t incentivize other actions.
24. Don’t use an unreasonable amount of bandwidth, or adversely impact the stability of Coachable.com servers or the behavior of other profiles using the Coachable Platform.
25. Don’t reverse engineer the Coachable APIs or any of Coachable’s profiles.
26. Don’t sell, lease, or sublicense the Coachable Platform or any data derived through the Platform.
27. Comply with all applicable laws or regulations. Don’t provide or promote content that violates any rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality. Don’t expose Coachable or people who use Coachable to harm or legal liability.

For information concerning California’s Privacy notice please click here https://oag.ca.gov/privacy/ccpa

Sharing of Videos and Coaching Packages

1. Videos and Coaching Packages must not include any logos, watermarks, calls-to-action, other promotional content.
2. Additional policies for Videos and Coaching Packages:

Brand Assets

• Comply with Coachable’s Brand Guidelines. Don’t use the trademarks of Coachable or its affiliates without written permission, including as authorized by applicable brand guidelines.

Things you should know

1. Coachable primarily communicates with developers and content providers through email. Please ensure that the email addresses associated with your Coachable account are current and that you don’t filter out these messages.
2. Coachable may rate limit or block profiles that make a large number of calls to the API that are not primarily in response to direct user actions.
3. Enforcement is both automated and manual, and can include disabling your profile, restricting you and your profile’s access to Coachable Platform, requiring that you delete data, terminating our agreements with you or any other action that we deem appropriate.
4. Coachable may change, suspend, or discontinue the availability of any Coachable Platform at any time. In addition, Coachable may impose limits on certain features and services or restrict your access to parts or all of the Coachable APIs or the Coachable website without notice or liability.
5. If Coachable elects to provide you with support or modifications for the Coachable Platform, this support may be terminated at any time without notice to you.
6. Coachable reserves the right to charge fees for future use of or access to the Coachable Platform.
7. Coachable doesn’t guarantee that the Coachable Platform is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid.
8. Licensed Uses and Restrictions: The Coachable Platform is owned able. Inc and is licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicense basis in accordance with these terms. Your license to the Coachable Platform continues until it is terminated by either party. Please note that User Content is owned by users and not by Coachable. All rights not expressly granted to you are reserved by Coachable.
9. You represent and warrant that you own or have secured all rights necessary to display, distribute and deliver all content in your profile. To the extent your users are able to share content from your profile or website on or through Coachable, you represent and warrant that you own or have secured all necessary rights for them to do so in accordance with Coachable’s available functionality.
10. You represent and warrant that you satisfy all licensing, reporting, and payout obligations to third parties in connection with your profile.
11. You give us all rights necessary to enable your profile to work with Coachable, including the right to incorporate information you provide to us into other parts of Coachable, and the right to attribute the source of information using your name and logos.
12. You are responsible for restricting access to your content in accordance with all applicable laws and regulations, including geo-filtering or age-gating access where required.
13. You grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information made available by you or on your behalf in connection with your use of our Platform. This license survives even if you stop using the platform feature. You are responsible for obtaining the necessary rights from all applicable rights holders to grant this license. Any API made available by you or on your behalf in connection with the platform features is deemed part of your profile.
14. Disclaimer of Any Warranty: Coachable Platform and all data derived through such Platform are provided “as is” with no warranty, express or implied, of any kind and Coachable expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any Coachable Platform and all any data derived through such Platform including, but not limited to, any damage to your computer system or loss of data.
15. Limitation of Liability: Coachable shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Coachable Platform and any data derived through such Platform, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Coachable has been advised of the possibility of such damages. Under no circumstances shall Coachable be liable to you for any amount.
16. Release and Waiver: To the maximum extent permitted by applicable law, you hereby release and waive all claims against Coachable, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Coachable Platform and data derived through such Platform. If you are a California resident, you waive your rights under California Civil Code 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
17. Hold Harmless and Indemnify: To the maximum extent permitted by profilelicable law, you agree to hold harmless and indemnify Coachable and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Coachable Platform and any data derived through the Platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. Coachable shall use good faith efforts to provide you with written notice of such claim, suit or action.
18. Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Coachable Platform Terms, you and Coachable shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don’t have any authority to assume or create any obligation for or on behalf of Coachable, express or implied, and you must not attempt to bind Coachable to any contract.
19. Invalidity of Specific Terms: If any provision of the Coachable Platform Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and that the other provisions remain in full force and effect.
20. No Waiver of Rights by Coachable: Coachable’s failure to exercise or enforce any right or provision of the Coachable Platform Terms shall not constitute a waiver of such right or provision.

Safety and Security Protocols/Disclaimer Policy

Federal law – Title III. Section 204 Part 3; our organization falls under the federal law by being counted as an applicable amateur sports organization (3) whose membership includes any adult who is in regular contacts with an amateur athlete who is a minor.

We must comply with the Victims of Child Abuse act of 1990 by establishing reasonable procedures to limit one-on-one interactions. We must offer access to consistent training to all adult members who are in regular contact with amateur athletes who are minors and subject to parental consent, to members who are minors regarding prevention and reporting of child abuse to allow a complainant to report easily and incident of child abuse to the appropriate person.

Preventative Measures

Access

• Athletes will be able to search, filter, sort and read through profiles of coaches and access them through messaging and in-app purchases to send videos
• Coaches will not be able to search, or engage in any interaction with athletes, until the athletes have made first contact.

Credentials for coaching

• Background checks will not be required; but if not completed, will be listed as not checked on all profiles for athletes and parents to see.
• The coaches will have access to upload a background check and all safety training and certificates they have earned.
• Coaches will be required to share their credentials such as but not limited to: years of experience, current involvement as a coach, profile picture, real name and organizations involved in sport.
• Online Educational links will be provided for coaches and athletes to educate themselves.
• Coachable’s Social and Community Guidelines will give proper protocols on interactions between athletes and coaches and failure to adhere to said guidelines will result in removal from Coachable.

Coachable Community Guidelines and Code of Conduct for Athletes and Coaches

• Coachable strives to create a respectful learning environment that allows for the most optimum positive learning conditions for athletes and coaches.
• Use of profane language, slang, racial slur, or derogatory terms in reference to any athletes, coaches or individuals of any kind will not be tolerated. This offense can be reported and grounds for profile removal from Coachable.
• ANY sexual innuendo, misconduct, or reference to an athlete or coach in a way that can misconstrued as such will be met with immediate profile termination.
• In order to protect both the athletes and coaches within our community we have created a no strike rule concerning specific types of abuse that when reported will be met with the immediate investigation, report to the authorities and removal from our Coachable system.

 

Reactive Measures.

Protocols/steps for reporting abuse

• Athletes will have access to a report abuse button.
• Once the action to report has taken place the athlete fills out a form detailing the abuse.
• This report is sent to Coachable for review of accusation through interactions of the coach and athlete.
• A judgement is made on behalf as to the accuracy of the claim and it is either reported based on facts of the report or dismissed if deemed a false report of facts given through messaging and video content.

If said judgement is true then the proper authorities shall be sent both the report and the evidence of accusation.

Those found to have evidence of offense based on the investigation process will be banned from use of Coachable indefinitely.

Types of abuse

• Use of profanity or sexual misconduct of any kind through written message or voice over.
• Bullying as defined as an ongoing and deliberate misuse of power in relationships through repeated verbal, physical and/or social behavior that intends to cause physical, social and/or psychological harm. It can involve an individual or a group misusing their power, or perceived power, over one or more persons who feel unable to stop it from happening .

Any form or attempt on the part of the coach to solicit inappropriate content from any athlete.

This list is not exclusive of any other form of inappropriate interaction that could be deemed as abuse and as such other forms can also be reported and investigated at the behest of any athlete or coach who feels the need to report.

Coachable Privacy Policy

• Coachable, in its role as a facilitator between registered coaches and athletes, receives personally identifiable information (PII) contained in coach and athlete profiles and registrations. Only information that is needed for Coachable to perform its services, is requested by Coachable.
• Coachable ensures that only individuals that it employs or that are employed by its contractor, with legitimate interests – consistent with the purposes for which Coachable obtained the information – can obtain access to PII. Further, in accordance with 34 CFR §99.33(a) and (b), Coachable may not redisclose PII without consent of a parent or athlete/coach over 18 years of age.
• Coachable uses data within its products only to review its services. Coachable may use anonymized, non-PII data internally to improve the products and services it delivers.
• Coachable employs extensive technological and operational measures to ensure data security and privacy, including advanced security systems technology, physical access controls and criminal background checks of all employees.
• All employees of Coachable are required to sign an Acknowledgement and Agreement of Policies that commits the employees to comply with Coachable’s data privacy and security policies, including commitments and training regarding the prohibition on disclosure of data.
• All messaging and video content that transpires between Coach and Athlete using Coachable, is securely stored. Coachable shall not provide access to such content or respond to such requests unless compelled to do so by court order or lawfully issued subpoena from any court of competent jurisdiction.
• In the event Coachable becomes aware of a data breach or inadvertent disclosure of PII, Coachable shall take immediate steps to limit and mitigate such security breach to the extent possible. A senior executive of Coachable will notify any users involved. This typically will occur within 24 hours of confirmation of the event and would include the known relevant details. Coachable will work cooperatively in determining an action plan, including any required notification of affected persons. In the event that Coachable is at fault for the breach or disclosure, Coachable carries a $1,000,000 cyber-liability insurance policy that provides for a number of potential remedies, such as credit monitoring for affected parties, fraud coverage, crisis management communications coverage, business interruption coverage, and data restoration coverage, among others.
• In the event of termination of use of our product, Coachable, shall remove the coach or athlete’s profile from the Coachable app.
• Coachable shall ensure that if it disposes of any stored content, it shall be in a commercially reasonable manner that maintains the confidentiality of the contents of such records (e.g. shredding paper records, erasing and reformatting hard drives, erasing and/or physically destroying any portable electronic devices).
• Coachable may, from time to time, update this policy to be in compliance with evolving state and federal laws and regulations.

Privacy and protection for child and youth athletes

• Coachable strives to provide a safe, healthy and stable service to young athletes. Coachable will be continuously review, supplement and improve all policies that are implemented to provide child and youth protection. Coachable encourages all coaches to regularly engage in child and youth protection related education.
• SAFESPORT is a resource that Coaches can use to be educated about the acts and standards of sanction, strategies for when harmful information is detected and other processes involved in the prevention and reporting of abuse. Go to https://safesport.org/ for participation in these programs
• All Coachable coaches and athletes will have access to the Report Abuse function, allowing the immediate reporting of any problematic behaviors or content. In the case of obscene or inappropriate content being detected, immediate action will be taken, and the content removed from view.
• All claims will be investigated, and any person found responsible for sharing any inappropriate content, will be permanently removed from Coachable, in all capacities. If deemed necessary, COACHABLE will further report the person, with all evidence of the behavior, to the relevant judicial authorities.

Coachable Social and Community Guidelines

The Basics

We want Coachable to be an authentic and safe place for inspiration, analysis and skill development. Help us foster this community. Send only your own videos and always follow the law. Respect everyone on Coachable, don’t spam people or send them any inappropriate content.

In Detail

Coachable is a community inclusive of many sporting cultures, incorporating a diverse range of ages, abilities, individual goals and expectations. As active members of the Coachable community we all need to respect the different points of view of others, so that we create and maintain a safe and positive environment for everyone.

These Social and Community Guidelines are created so you can help us foster and protect this amazing community. By using Coachable, you agree to these guidelines and the Coachable Terms of Use.  We are committed to these guidelines and ask that you are too. Overstepping these boundaries may result in deleted content, disabled accounts, removed profiles or other restrictions.

Send only photos and videos that you’ve taken or have the right to send.

As always, you own the content you send on Coachable. Remember to send authentic content, and don’t send anything you’ve copied or collected from the Internet that you don’t have the right to send.

Send clips and videos that are appropriate for a diverse audience.

• We encourage coaches to create training clips and videos that will help athletes develop the specific skills they need. We ask that you consider your audience. Think about what may be appropriate for one client that may be inappropriate for another. Consider things like age, gender and beliefs. For example; If you are creating your own Coaching Packages, you may need to consider creating different packages for child athletes and adult athletes. We ask that all music, language and instructional techniques used are age appropriate.
• At no time should foul language, cussing or derogatory terms be used. We ask that our Coachable coaching community maintains a level of professionalism; as you are representing Coachable, your sport, your organizations and yourself.

Send clips and videos that maintains the dignity of all involved.

• We know that there are times when people will need to send images and videos of athletes who may be wearing minimal, or body forming clothing. While we understand that many sports require this attire (swimsuits, leotards, bodysuits) we certainly don’t allow any nudity on Coachable.
• When sending an image or video of an athlete to a coach for analysis, please take time to ensure that the athlete is not inappropriately exposed in any way. This includes photos, videos, that may inadvertently show exposed genitals, buttocks and female nipples. This could occur from the movement of clothing or transparency of fabrics. Even when this content is sent unintentionally and the sender unaware of the exposure; it will need to be reported so we can ensure it is properly removed. This will help protect all members of our Coachable community, by ensuring the image cannot be used by others in unanticipated ways. If you receive any images that expose a coach or athlete in any way inappropriately, please contact the Coachable team using the report abuse button.

Only use clips and videos to help build athlete progress and confidence.

• There are times when people might want to send videos that may depict poor athletic performance or sporting fails and may often be considered humorous in nature. Be mindful that such videos can embarrass those involved and destroy confidence. We ask that videos of Coachable athletes are not shared in this way, this goes against Coachable’s vision of; fostering an environment that helps athletes to make connections, that will support them and help them strive to succeed.

Foster meaningful and genuine interactions between all coaches and athletes.

• Help us stay authentic and reputable, by not sending repetitive comments or content, or repeatedly contacting people for commercial purposes without their consent. Don’t offer money or giveaways of money in exchange for comments, organization memberships, affiliations or other engagement. Don’t send content that engages in, promotes, encourages, facilitates, or admits to the offering, solicitation or trade of fake or misleading ratings or reviews.
• You must use your real name on Coachable, but we require Coachable users to provide us with accurate and up to date information. Don’t impersonate others and don’t create profiles for the purpose of violating our guidelines or misleading others.

Follow the law.

• Coachable is not a place to support or praise terrorism, organized crime or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling illegal or prescription drugs (even if legal in your region) are also not allowed.
• Remember to always follow the law when offering to sell or buy other regulated goods.
• We have zero tolerance when it comes to sending any images, video or content, of a sexual or threatening nature, especially to minors.

Respect other members of the Coachable community.

• We want to foster a positive, diverse community. We will remove content that contains threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages.
• It’s never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases.

• Serious threats of harm to public and personal safety aren’t allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.

Maintain our supportive environment by not glorifying self-injury.

• The Coachable community cares for each other. The sporting world can be a place where people face enormous pressure and difficult issues such as eating disorders, cutting, or other kinds of self-injury can exist. If you need more information about self-harm please visit:  https://www.crisistextline.org/
• Encouraging or urging people to embrace self-injury is counter to this environment of support, and we’ll remove it or disable accounts if it’s reported to us.

What happens if there is a breach of these guidelines?

• Each of us is an important part of the Coachable community. If you see something that you think may violate our guidelines, please help us by using our built-in reporting function. We have a team that reviews these reports and works as quickly as possible to respond to content that doesn’t meet our guidelines. When you complete the report, try to provide as much information as possible, such as links, profile names, and descriptions of the content, so we can find and review it quickly. We may remove entire profiles if either the imagery or associated content violate our guidelines.
• You may find content from a coach or athlete that you don’t like, but it doesn’t violate the Social and Community Guidelines. If that happens, you are free to disconnect from the coach / athlete that sent it, and chose not to have contact with them again.  If there’s something you don’t like in a comment on your profile, you can delete it.
• Many disputes and misunderstandings can be resolved directly between members of the community. If another Coach is using one of your coaching clips or videos without realising it is your property, you could try messaging them and asking the person to remove it from their profile. If that doesn’t work, you can see how to report content that you think infringes your intellectual or creative property rights, by checking our Safety and Security policy.
• We may work with law enforcement, including when we believe that there’s risk of physical harm, child protection issue or threat to public safety.

Updating of these policies and procedures

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.

Thank you for being an active part of our Coachable Sporting Community,

 The Coachable Team.