THEFIT, Inc. PMMTeam.com Storytelling Coaching Service Terms and Conditions
1. Acceptance of Terms
1.1 These Terms and Conditions ("Agreement") govern your use of THEFIT, Inc.'s ("we," "us," or "THEFIT") "PMMTeam Storytelling Coaching Service" ("Service"). By subscribing to and using the Service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.
3. The Service
3.1 The Service aims to coach your teams to refine and improve your existing marketing assets, including but not limited to as webpages, documents, presentations, content, press releases, and other common marketing materials (your "existing assets"). To initiate the Service, you must first subscribe and provide valid payment information.
3.2 Once your subscription is active, you will be provided with a tracking system to submit a coaching request to improve an existing marketing asset, along with a brief description of your goals for the asset and its intended audience.
3.3 After receiving and understanding your requirements, we will commence providing coaching to improve the storytelling in your asset. While we aim to complete most requests within one business day, the actual time may vary based on the complexity of the request. We will notify you if additional time is needed.
3.4 For further revisions or feedback, you can communicate your needs through the tracking system. The Service includes unlimited revisions, ensuring we continue providing coaching to help you improve the asset until you're satisfied.
3.5 The Service operates on a monthly subscription model. For a monthly fee, you can submit an amount of requests as determined by the subscription you select. Regardless of how many requests you submit, focus on one request and improving one at a time, moving onto the next request and improving the next asset only after the current request meets your satisfaction.
3.6 The scope of an asset typically includes about 10 slides or 750 words. For larger assets, you can specify the sections that require our focus in your request (for example, "please only focus on slides 14-20"), or submit multiple requests with smaller assets.
3.7 Please note that our Service primarily focuses on providing coaching to help you improve the storytelling in existing written marketing content. While we may suggest improvements for aesthetics or formatting, design is not our primary expertise, and not included in this Service.
4. Intellectual Property and Marketing Usage
4.1 You retain all intellectual property rights in the marketing assets you submit ("Client Content"), and the improved versions we provide to you through this Service as "work for hire". By submitting Client Content, you confirm you have all necessary rights, licenses, and authorizations to do so.
4.2 The intellectual property rights of the refinement methods, coaching methods, and improvement techniques we use to improve the Client Content ("Polished Content") remain with us, except as otherwise outlined in this Agreement.
4.3 You acknowledge and agree that any requests, comments, suggestions, or other feedback you provide to us ("Submissions") become our sole property. We are under no obligation to maintain confidentiality of Submissions. We have unrestricted rights to use and disseminate Submissions for any lawful purpose without permission, acknowledgment, or compensation to you.
4.4 Reference Customer: By subscribing to the Service, you grant us the non-exclusive right to use your company name and logo as a reference customer for promotional purposes on our digital channels and marketing materials, including but not limited to social media platforms and our website. This permission extends throughout the duration of your subscription and continues thereafter unless otherwise agreed upon in writing.
4.5 Showcase of Work: By subscribing to the Service, you authorize us to highlight and showcase any work we have done for you, including the marketing assets we have improved as part of the service after the asset has been made public by you. This permission extends throughout the duration of your subscription and continues thereafter unless otherwise agreed upon in writing.
5. Fees and Payment
5.1 The Service requires payment of recurring fees as specified during registration. You must pay the fees and any applicable taxes in full in the amounts and billing frequency specified during registration before we will provide Service.
5.2 We reserve the right to change the fees at any time, providing you with at least five days' advance notice.
5.3 You may cancel your subscription at any time, and the cancellation will take effect at the end of the current billing period. We do not offer refunds for fees already paid.
5.4 All fees are non-refundable, except as required by law or as otherwise specifically stated in this Agreement.
5.5 If we don't receive your full, on-time subscription payment for the Service, or if your payment is declined for any reason, we reserve the right to suspend or terminate your access to the Service.
5.6 Should you have any billing issues, you agree to notify us within 30 days of the invoice date. If a chargeback or payment dispute is caused by your actions, you are responsible for reimbursing THEFIT, Inc. for all actual costs incurred, including any applicable chargeback fees. Failure to comply may result in termination of the Service.
6. Dispute Resolution
6.1 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Rules of the American Arbitration Association (AAA), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Delaware. The language to be used in the arbitral proceedings shall be English.
7. Choice of Law and Forum
7.1 This Agreement is governed by and construed in accordance with the laws of the state of Delaware, United States, without regard to its conflict of laws principles. Any dispute arising from or related to this Agreement shall first be attempted to be resolved through arbitration in accordance with the Dispute Resolution clause above. If the dispute is not resolved through arbitration, any legal action or proceeding must be brought in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
8. Limitation of Liability
8.1 To the fullest extent permissible under applicable law, neither THEFIT, Inc. nor its directors, officers, employees, agents, or affiliates will be liable to you or any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, loss of data, business interruption, or personal injury, arising from or related to the use of the Service, even if advised of the possibility of such damages.
8.2 THEFIT, Inc. provides the Service on an “as is” and “as available” basis without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
8.3 THEFIT, Inc. does not warrant the accuracy, completeness, or usefulness of the coaching, suggestions, improvements, or feedback provided. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on our Service.
8.4 Under no circumstances will our total aggregate liability to you for any claims, losses, or damages resulting from or related to this Agreement exceed the total fees you have paid to us in the three-month period immediately preceding the event giving rise to the liability.
9.1 You agree to indemnify, defend, and hold harmless THEFIT, Inc., its subsidiaries, affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees, court costs, and other litigation expenses) arising out of or relating to your violation of this Agreement, your use of the Service (including any actions taken by a third party using your account), your negligent acts or omissions, or your violation of any laws, regulations, or rights of any third party.
10.1 We may terminate this Agreement at any time, with or without cause, by providing you with seven (7) days' advance written notice. You may terminate this Agreement at any time by discontinuing use of the Service and providing us with written notice of termination. We do not offer refunds for fees already paid.
11.1 The obligations in sections titled Ownership and Confidentiality, Limitation of Liability, Indemnification, and any other provision which by its nature is intended to survive, shall survive termination of this Agreement.
12. Modification of Terms
12.1 We reserve the right to modify this Agreement at any time by providing you with notice of the changes. Your continued use of the Service after receiving such notice signifies your acceptance of the modified terms.
13.1 If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remainder of the Agreement shall continue in full force and effect.
14. Entire Agreement
14.1 This Agreement, along with any referenced policies or documents, constitutes the entire agreement between you and THEFIT, Inc. regarding the Service, superseding all prior agreements, understandings, or representations, whether oral or written, to the extent permitted by applicable law.
15. Contact Information
15.1 If you have any questions or concerns about this Agreement or the Service, please contact us at firstname.lastname@example.org
By subscribing to and using the Service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.