Terms of Service

Last Updated: March 27, 2025

Welcome to NeverGiveUp. These Terms of Service ("Terms") constitute a legally binding agreement between you and NeverGiveUp, a company organized under the laws of the State of Delaware ("NeverGiveUp," "we," "our," or "us"), governing your access to and use of the NeverGiveUp accountability coaching services, website (located at nevergiveupcoach.com and any subdomains), mobile applications, messaging interactions, and all related services (collectively, the "Service").

Our accountability coaching service connects users with personal coaches who provide daily support, motivation, and accountability through messaging platforms including but not limited to iMessage and WhatsApp. The Service is designed to help users achieve their personal goals through consistent communication and accountability.

By accessing, registering for, or using our Service in any manner, including but not limited to visiting or browsing our website, signing up for a free trial, subscribing to our service, or communicating with a coach, you agree to be bound by these Terms, our Privacy Policy, and all other operating rules, policies, and procedures that may be published by NeverGiveUp from time to time, each of which is incorporated by reference.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICE. If you are accessing or using the Service on behalf of a company, entity, or organization (collectively, a "Subscribing Organization"), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms.

Modifications to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of these Terms will be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email to the email address associated with your account or through the Service. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

Eligibility: The Service is available only to individuals who are at least 18 years old and possess the legal capacity to enter into binding contracts under applicable law. By using our Service, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Service.

Communications: By creating an account, you agree to receive electronic communications from NeverGiveUp, including messages from your assigned coach, service announcements, administrative messages, and other information related to your account and the Service. These communications are part of your relationship with us and are necessary for the proper functioning of the Service. You acknowledge that opting out of receiving these communications may impact your use of the Service.

Scope of Service: Our Service is intended to provide accountability coaching and is not a substitute for professional medical advice, diagnosis, or treatment. The Service does not include professional therapy, medical treatment, or mental health services. Our coaches are not licensed therapists or healthcare providers. If you are experiencing significant mental health challenges, please consult with qualified healthcare professionals.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

The following terms, when used in these Terms of Service, shall have the meanings described below:

• "Account" refers to the user profile created when you register for the Service, which contains your personal information, subscription details, and communication history.
• "Coach" or "Accountability Coach" refers to an individual assigned by NeverGiveUp to provide accountability coaching services to you through messaging platforms. Coaches are not licensed therapists, healthcare providers, or professional advisors.
• "Content" refers to all text, images, videos, audio, or other material that you upload, transmit, or exchange through the Service, including but not limited to messages sent to your Coach.
• "Dashboard" refers to the user interface accessible after logging into your Account, which allows you to manage your subscription, update personal information, and access Service features.
• "Free Trial" refers to the initial 7-day period during which you can access the Service without payment to evaluate whether it meets your needs.
• "Messaging Platforms" refers to the third-party communication services used to facilitate interactions between you and your Coach, including but not limited to iMessage and WhatsApp.
• "NeverGiveUp," "we," "our," or "us" refers to NeverGiveUp, a company organized under the laws of the State of Delaware, including its employees, contractors, and representatives.
• "Onboarding" refers to the initial questionnaire and setup process that collects information about your goals, preferences, and needs to match you with an appropriate Coach.
• "Personal Information" refers to information that identifies or can be used to identify you, as further defined in our Privacy Policy.
• "Service" refers to the NeverGiveUp accountability coaching services, website, mobile applications, messaging interactions, and all related services provided by NeverGiveUp.
• "Subscription" refers to the recurring payment arrangement that grants you access to the Service after the Free Trial period ends.
• "Subscription Status" refers to the current state of your Subscription, which may be one of the following:
  • Trial: You are in the 7-day Free Trial period.
  • Active: Your Subscription is current and paid.
  • Canceled: You have terminated your Subscription.
  • Past Due: Your payment has failed, but your account has not yet been terminated.
• "Terms" refers to these Terms of Service, including any future modifications.
• "User," "you," or "your" refers to any individual or entity that accesses or uses the Service.

These definitions are provided for clarity and convenience. The absence of a definition for a particular term does not imply that it has no meaning in the context of these Terms or the Service.

NeverGiveUp provides accountability coaching services designed to help users achieve their personal goals through consistent communication, motivation, and support. This section describes the key components and features of our Service:

3.1 Accountability Coaching

Our core service consists of connecting you with a personal accountability coach who will provide daily support, encouragement, and accountability through messaging platforms. Your coach will:

• Check in with you regularly to monitor your progress toward your stated goals
• Provide encouragement and motivation to help you stay on track
• Ask questions to help you reflect on your progress and challenges
• Offer accountability by following up on commitments you've made
• Provide basic guidance and suggestions related to your goals
• Share relevant resources that may help you achieve your objectives

3.2 Coaching Focus Areas

Our coaching services can address various personal goals and habits, including but not limited to:

• Exercise and fitness routines
• Nutrition and dietary habits
• Productivity and time management
• Screen time management
• Personal development activities
• Habit formation and maintenance

The specific focus of your coaching will be determined by the information you provide during the onboarding process and subsequent communications with your coach.

3.3 Communication Channels

Coaching interactions take place primarily through messaging platforms, including:

• iMessage (for iOS users)
• WhatsApp (available for both iOS and Android users)

You will select your preferred messaging platform during the onboarding process. All coaching communications will occur through your chosen platform, and you will not be required to download additional applications or software beyond your selected messaging service.

3.4 Coach Assignment

After completing the onboarding questionnaire, our system will match you with a coach based on your goals, preferences, and needs. While we strive to create optimal matches, we cannot guarantee compatibility with your assigned coach. If you feel your assigned coach is not a good fit, you may request reassignment through your Dashboard or by contacting our support team at [email protected].

3.5 Service Availability

Our coaching services are generally available seven days a week. However, response times may vary based on your coach's schedule, time zone differences, and other factors. While coaches strive to respond promptly, they are not available 24/7, and immediate responses are not guaranteed. Typical response times range from a few hours to one business day.

3.6 Dashboard Access

As part of the Service, you will have access to a personal Dashboard where you can:

• View and update your account information
• Manage your subscription status
• Update your contact information
• Access resources provided by your coach

3.7 Service Limitations

It is important to understand what our Service does NOT include:

• Professional therapy, counseling, or mental health services
• Medical advice, diagnosis, or treatment
• Legal, financial, or professional advice
• Emergency or crisis intervention services
• Guaranteed results or outcomes
• In-person meetings or video calls with coaches

3.8 Service Modifications

NeverGiveUp reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes changes to features, functionality, coach availability, and communication methods. We will make reasonable efforts to notify you of significant changes that may affect your use of the Service.

By using our Service, you acknowledge and agree to these service parameters and limitations.

To be eligible to use the NeverGiveUp Service, you must meet certain requirements. By accessing or using our Service, you represent and warrant that you meet all of the following eligibility criteria:

4.1 Age Requirements

You must be at least 18 years of age or older. Our Service is not directed to individuals under the age of 18, and we do not knowingly collect personal information from individuals under 18. If we learn that we have collected personal information from an individual under 18, we will promptly delete that information. If you believe we might have information from or about an individual under 18, please contact us at [email protected].

4.2 Legal Capacity

You must have the legal capacity to enter into a binding contract with NeverGiveUp under applicable law. This means you must not be prohibited from entering into agreements under the laws of your jurisdiction due to mental incapacity or any other reason that would render you unable to understand or comply with these Terms.

4.3 Geographic Restrictions

While our Service is generally available worldwide, certain features or aspects of the Service may not be available in all jurisdictions due to legal restrictions or operational limitations. You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations. NeverGiveUp reserves the right to limit or restrict access to the Service based on geographic location at any time.

4.4 Compliance with Terms

You must be willing and able to comply with all provisions of these Terms. If you cannot or do not agree to comply with any part of these Terms, you are not eligible to use the Service.

4.5 Account Requirements

You must create only one account per person and provide accurate, current, and complete information during the registration process. You may not create an account on behalf of another individual without their express permission.

4.6 Technical Requirements

You must have access to a compatible device and messaging platform (iMessage or WhatsApp) to use our Service. You are responsible for obtaining and maintaining all equipment and services needed to access and use the Service, including internet connectivity, mobile devices, and messaging applications.

4.7 Prohibited Users

You may not use the Service if:

• You have previously been suspended or removed from the Service for violations of these Terms or other policies
• You are using the Service for purposes that are illegal or prohibited by these Terms
• You are located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country
• You are listed on any U.S. government list of prohibited or restricted parties

4.8 Verification

NeverGiveUp reserves the right, but is not obligated, to verify your eligibility at any time. We may request additional information or documentation to confirm your compliance with these eligibility requirements. Failure to provide requested verification information may result in suspension or termination of your account.

If at any time you no longer meet these eligibility requirements, you must immediately cease using the Service and notify us at [email protected].

To use the NeverGiveUp Service, you must complete the account registration process as described in this section. By registering for an account, you agree to provide accurate information and to keep this information updated.

5.1 Registration Process

To create an account and register for the Service, you must:

1. Visit our website at nevergiveupcoach.com or access our onboarding process through an authorized link
2. Complete the onboarding questionnaire, which collects information about your goals, preferences, and needs
3. Provide your name, email address, and other required personal information
4. Select your preferred messaging platform (iMessage or WhatsApp)
5. Provide your phone number or iMessage contact information for coaching communications
6. Review and accept these Terms of Service and our Privacy Policy
7. Complete any additional steps as prompted during the registration process

5.2 Accuracy of Information

You agree to provide true, accurate, current, and complete information during the registration process and to maintain and promptly update this information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if NeverGiveUp has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service.

5.3 Account Security

As part of the registration process, you may be required to create login credentials for accessing your Dashboard. You are responsible for:

• Maintaining the confidentiality of your login credentials
• Restricting access to your account
• Ensuring that all activities that occur under your account are authorized by you
• Notifying NeverGiveUp immediately of any unauthorized use of your account or any other breach of security

NeverGiveUp will not be liable for any loss or damage arising from your failure to comply with these security obligations.

5.4 One Account Per Person

You may create and maintain only one account with NeverGiveUp. Multiple accounts created by the same individual are subject to termination. If you wish to change the email address or other information associated with your account, you should update your account information through your Dashboard rather than creating a new account.

5.5 Account Verification

NeverGiveUp may, at its discretion, require verification of your identity or the information provided during registration. This may include:

• Email verification to confirm your email address
• Phone number verification to confirm your messaging contact information
• Additional verification steps as deemed necessary for security or compliance purposes

Failure to complete required verification steps may result in limited access to the Service or account suspension.

5.6 Free Trial Activation

Upon successful registration, you will be assigned a coach and provided with a unique activation code to begin your Free Trial. This code must be used when initiating contact with your coach through your selected messaging platform. The Free Trial period begins when you successfully connect with your coach using this activation code.

5.7 Account Types

NeverGiveUp offers individual user accounts only. We do not currently support organizational or multi-user accounts. Each individual using the Service must register for their own separate account.

5.8 Registration Denial

NeverGiveUp reserves the right, in its sole discretion, to refuse registration, suspend account creation, or cancel accounts. We may do this for any reason, including but not limited to:

• Violation of these Terms
• Suspected fraudulent activity
• Concerns about the authenticity of provided information
• Service unavailability in your geographic region
• Technical or operational limitations

By completing the registration process, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the provisions related to account registration and management.

After creating your account, you have certain rights and responsibilities regarding the management of your account information and settings. This section outlines how you can manage your account and your obligations related to account security and maintenance.

6.1 Dashboard Access

You can access your account Dashboard by logging in at nevergiveupcoach.com using your registered email address and password. The Dashboard provides tools and interfaces for managing various aspects of your account and subscription.

6.2 Updating Personal Information

You are responsible for keeping your personal information accurate and up-to-date. Through your Dashboard, you can update the following information:

• Email address
• Phone number or messaging contact information
• Password
• Payment information
• Other account details as made available through the Dashboard

Changes to certain information may require verification steps to ensure security and prevent unauthorized account access.

6.3 Communication Preferences

While essential service communications cannot be opted out of, you may have options to manage certain types of communications from NeverGiveUp. Any available communication preference settings will be accessible through your Dashboard.

6.4 Account Security Responsibilities

You are responsible for maintaining the security of your account. This includes:

• Using strong, unique passwords for your NeverGiveUp account
• Not sharing your account credentials with others
• Ensuring that you log out from your account when using shared or public computers
• Promptly notifying NeverGiveUp of any unauthorized access or security concerns
• Keeping your device and messaging applications secure

6.5 Unauthorized Access

If you suspect unauthorized access to your account or if you lose access to the email address or phone number associated with your account, you should:

1. Attempt to change your password immediately if you still have access to your account
2. Contact NeverGiveUp at [email protected] to report the security concern
3. Follow any additional security steps as directed by our support team

6.6 Account Recovery

If you lose access to your account, NeverGiveUp provides account recovery options, which may include:

• Email-based password reset
• SMS verification codes
• Other identity verification methods as determined by NeverGiveUp

Account recovery may require verification of your identity to prevent unauthorized access to your account.

6.7 Account Inactivity

NeverGiveUp reserves the right to manage inactive accounts according to the following guidelines:

• Accounts with active subscriptions will remain active regardless of login frequency
• Accounts without active subscriptions may be marked as inactive after 12 months of no login activity
• Inactive accounts may be subject to data archiving or deletion in accordance with our Privacy Policy

6.8 Account Closure

You may close your account at any time by:

1. Canceling any active subscriptions through your Dashboard
2. Contacting [email protected] with a request to close your account
3. Following any additional account closure steps as directed

Account closure will result in the termination of your access to the Service and may result in the deletion or anonymization of your account information in accordance with our Privacy Policy and applicable laws.

6.9 Reactivation

If you close your account and later wish to reactivate it, NeverGiveUp may, at its discretion, allow reactivation if:

• Your account data has not been permanently deleted
• Your account was not closed due to violations of these Terms
• You complete any required verification steps

Reactivation may not be possible in all cases, and NeverGiveUp reserves the right to refuse reactivation requests.

By managing your account, you agree to comply with these account management provisions and to use the account management features responsibly and in accordance with these Terms.

This section outlines the subscription plans offered by NeverGiveUp, payment terms, and related policies. By subscribing to our Service, you agree to the payment terms described in this section.

7.1 Subscription Plans

NeverGiveUp offers the following subscription plan options:

• Weekly Plan: Recurring payment of $25 per week, billed weekly

NeverGiveUp reserves the right to modify subscription plans, introduce new plans, or discontinue existing plans at any time. Any changes to subscription plans will be communicated to users and will not affect current billing cycles already in progress.

7.2 Free Trial

New users are eligible for a 7-day Free Trial of the Service. The Free Trial provides full access to the Service without charge. At the end of the Free Trial period, your subscription will not automatically convert to a paid subscription. You must actively choose to subscribe to continue using the Service after the Free Trial ends. Additional details about the Free Trial are provided in Section 8 of these Terms.

7.3 Pricing

All prices are listed in U.S. dollars unless otherwise specified. Prices are subject to change at any time, but changes will not affect current billing cycles already in progress. NeverGiveUp will provide notice of any price changes before they take effect for your subscription.

7.4 Payment Methods

NeverGiveUp accepts the following payment methods:

• Major credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards with major credit card logos
• Other payment methods as may be made available in the future

By providing a payment method, you:

• Represent that you are authorized to use the payment method
• Authorize NeverGiveUp to charge your payment method for the subscription plan you select
• Authorize NeverGiveUp to charge your payment method for any paid features of the Service that you choose to add

7.5 Billing Cycles

Your subscription will be billed on a recurring basis according to the billing cycle of your selected plan (weekly). The billing date is determined by the date you start your paid subscription. For example, if you start a weekly subscription on the 15th of the month, you will be billed on the 15th, 22nd, 29th, and so on.

7.6 Automatic Renewal

All subscriptions automatically renew at the end of each billing cycle unless you cancel your subscription before the next billing date. By subscribing, you authorize NeverGiveUp to charge your payment method for the next billing cycle unless you cancel prior to that date.

7.7 Payment Processing

Payment processing services for NeverGiveUp are provided by third-party payment processors. Your use of these payment processing services is subject to the terms and conditions of the payment processor, in addition to these Terms. NeverGiveUp is not responsible for errors made by payment processors.

7.8 Failed Payments

If a payment fails, NeverGiveUp may:

• Attempt to process the payment again
• Attempt to charge any other payment method you have on file
• Contact you for an alternative payment method
• Suspend your access to the Service until payment is successfully processed

If we are unable to process payment after multiple attempts, your subscription may be canceled, and your account may be marked as "Past Due."

7.9 Taxes

The listed prices for subscription plans do not include taxes. Applicable taxes will be added to the subscription price based on your location and local tax requirements. You are responsible for paying all taxes associated with your subscription.

7.10 Promotional Offers and Discounts

NeverGiveUp may offer promotional discounts or special pricing from time to time. These promotions may have specific eligibility requirements and time limitations. Unless otherwise specified, promotional pricing will revert to standard pricing at the end of the promotional period.

7.11 Subscription Changes

You may change your subscription plan at any time through your Dashboard. Changes to your subscription plan will take effect at the start of the next billing cycle unless otherwise specified. Upgrading to a higher-tier plan (if available) may result in immediate changes and prorated charges.

7.12 Payment Receipts and History

NeverGiveUp will provide receipts for all payments. These receipts will be sent to the email address associated with your account and will also be available in your Dashboard. Your Dashboard will also provide access to your payment history.

7.13 Refunds

Refund policies are detailed in Section 11 of these Terms. In general, subscriptions are non-refundable except in specific circumstances outlined in that section.

By subscribing to the Service, you acknowledge that you have read, understood, and agree to these subscription and payment terms.

NeverGiveUp offers a Free Trial period to allow new users to experience our Service before committing to a paid subscription. This section outlines the terms and conditions that apply specifically to the Free Trial.

8.1 Trial Eligibility

The Free Trial is available to new users who have not previously had a NeverGiveUp account or Free Trial. NeverGiveUp reserves the right to determine eligibility for the Free Trial and may, in its sole discretion, limit eligibility or duration to comply with applicable laws or for any other reason.

8.2 Trial Duration

The Free Trial period lasts for 7 days from the time you successfully connect with your assigned coach using your activation code. The exact end date and time of your Free Trial will be displayed in your Dashboard.

8.3 No Payment Required

No payment information is required to start the Free Trial. You can enjoy the full features of the Service during the trial period without providing any payment details.

8.4 Service Access During Trial

During the Free Trial, you will have access to all standard features of the Service, including:

• Daily communication with your assigned coach
• Full access to your Dashboard
• All standard accountability coaching services

There are no feature limitations during the Free Trial compared to the paid subscription.

8.5 No Automatic Conversion

Unlike many subscription services, the NeverGiveUp Free Trial does NOT automatically convert to a paid subscription when the trial period ends. At the end of your Free Trial, you must actively choose to subscribe if you wish to continue using the Service. If you do not subscribe, your access to the Service will be suspended until you choose to subscribe.

8.6 Trial Termination

You may terminate your Free Trial at any time by:

• Notifying your coach that you wish to end the trial
• Contacting [email protected]
• Ceasing communication with your coach

NeverGiveUp may also terminate your Free Trial if:

• You violate these Terms of Service
• We suspect fraudulent or abusive activity
• We discontinue the Free Trial program

8.7 Trial Limitations

The following limitations apply to the Free Trial:

• One Free Trial per person
• Free Trial eligibility is determined at NeverGiveUp's sole discretion
• The Free Trial cannot be combined with other promotional offers unless explicitly stated
• The Free Trial cannot be transferred to another person
• The Free Trial cannot be restarted once initiated

8.8 Converting to Paid Subscription

To continue using the Service after your Free Trial ends, you must subscribe to a paid plan. To subscribe:

1. Log in to your Dashboard before or after your trial ends
2. Select a subscription plan
3. Provide your payment information
4. Confirm your subscription

You may also be able to subscribe by following instructions sent to you via email near the end of your trial period.

8.9 Data Retention After Trial

If you do not convert to a paid subscription after your Free Trial ends:

• Your account information will be retained for a limited period to allow you to easily reactivate your account if you choose to subscribe later
• Your coaching history and communications may be retained in accordance with our Privacy Policy
• Your assigned coach relationship will be preserved for a limited time to allow for continuity if you subscribe

If you do not subscribe within 30 days after your Free Trial ends, your account may be marked as inactive, and your coach may be reassigned to other users.

8.10 Changes to Free Trial

NeverGiveUp reserves the right to modify or terminate the Free Trial offer at any time and without notice, though such changes will not affect Free Trials already in progress. Changes may include, but are not limited to, reducing or extending the trial period, changing the features available during the trial, or discontinuing the Free Trial program entirely.

By starting a Free Trial, you acknowledge that you have read, understood, and agree to these Free Trial terms.

This section explains how to manage your subscription, including viewing subscription details, understanding subscription statuses, and making changes to your subscription. NeverGiveUp provides tools and interfaces through your Dashboard to help you manage your subscription effectively.

9.1 Viewing Subscription Information

You can view your current subscription information through your Dashboard, including:

• Current subscription plan
• Subscription status
• Next billing date
• Payment method on file
• Billing history

To access this information, log in to your Dashboard at nevergiveupcoach.com and navigate to the subscription management section.

9.2 Subscription Status Definitions

Your subscription may have one of the following statuses:

• Trial: You are currently in the 7-day Free Trial period. No payment has been made, and you have full access to the Service. Your trial will end on the date shown in your Dashboard, at which point you will need to subscribe to continue using the Service.
• Active: You have a current, paid subscription. Your payment method will be automatically charged on the next billing date shown in your Dashboard, and you have full access to the Service.
• Canceled: You have canceled your subscription. You will continue to have access to the Service until the end of the current billing period, after which your access will be suspended. No further charges will be made to your payment method.
• Past Due: A payment attempt for your subscription has failed. We will attempt to process the payment again, but your access to the Service may be limited until payment is successfully processed. If payment cannot be processed after multiple attempts, your subscription may be canceled.

9.3 Changing Subscription Plans

If NeverGiveUp offers multiple subscription plans, you may change your plan through your Dashboard. To change your subscription plan:

1. Log in to your Dashboard
2. Navigate to the subscription management section
3. Select "Change Plan" or a similar option
4. Choose your desired plan from the available options
5. Confirm your selection

Changes to your subscription plan will typically take effect at the start of your next billing cycle, unless otherwise specified. Upgrading to a higher-tier plan may result in immediate changes and prorated charges.

9.4 Updating Payment Information

You can update your payment information at any time through your Dashboard. To update your payment method:

1. Log in to your Dashboard
2. Navigate to the payment information section
3. Select "Update Payment Method" or a similar option
4. Enter your new payment information
5. Confirm the changes

Updated payment information will be used for future billing cycles. If your current payment method is declined, we may automatically attempt to charge any new payment method you have added.

9.5 Billing Date Changes

Your billing date is determined by the date you start your paid subscription. NeverGiveUp does not currently offer the option to change your billing date. If you need to adjust your billing cycle, you may need to cancel your current subscription and create a new one at your preferred time, which may result in a gap in service.

9.6 Subscription Notifications

NeverGiveUp will send you notifications related to your subscription, including:

• Confirmation of subscription activation
• Receipts for successful payments
• Notifications of upcoming renewals
• Alerts about payment failures
• Confirmation of subscription changes or cancellation

These notifications will be sent to the email address associated with your account. It is your responsibility to ensure that your email address is current and that you monitor these communications.

9.7 Subscription Pausing

NeverGiveUp does not currently offer the option to pause or temporarily suspend subscriptions. If you need to stop your service temporarily, you will need to cancel your subscription and resubscribe when you wish to resume using the Service.

9.8 Subscription Reactivation

If your subscription has been canceled or has lapsed, you can reactivate it by:

1. Log in to your Dashboard
2. Navigate to the subscription management section
3. Select "Reactivate Subscription" or a similar option
4. Confirm your subscription plan and payment information
5. Complete the reactivation process

Reactivating your subscription will restore your access to the Service and, if possible, reconnect you with your previous coach. However, coach availability cannot be guaranteed, and you may be assigned a new coach upon reactivation.

9.9 Subscription Transfers

Subscriptions are personal to the account holder and cannot be transferred to another person or account. Each individual using the Service must maintain their own separate subscription.

By managing your subscription, you agree to comply with these subscription management provisions and to use the subscription management features responsibly and in accordance with these Terms.

This section outlines the process for canceling your subscription, the effects of cancellation, and your access to the Service after cancellation. NeverGiveUp strives to make the cancellation process straightforward and transparent.

10.1 How to Cancel Your Subscription

You may cancel your subscription at any time through your Dashboard. To cancel your subscription:

1. Log in to your Dashboard at nevergiveupcoach.com
2. Navigate to the subscription management section
3. Select "Cancel Subscription" or a similar option
4. Follow the prompts to confirm your cancellation
5. Retain any cancellation confirmation for your records

Alternatively, you may request cancellation by contacting our support team at [email protected]. Please include your account email address and a clear statement of your intent to cancel in your communication.

10.2 Cancellation Confirmation

Upon cancellation, you will receive a confirmation email at the email address associated with your account. Your Dashboard will also display your updated subscription status as "Canceled." If you do not receive a cancellation confirmation or if your Dashboard does not reflect your cancellation, please contact [email protected] immediately.

10.3 Effects of Cancellation

When you cancel your subscription:

• Your subscription will remain active until the end of your current billing period
• You will not be charged for any future billing periods
• Your subscription status will be updated to "Canceled"
• You will retain access to the Service until the end of your current billing period
• Your coach will be notified of your cancellation

Cancellation is effective for future billing periods only. NeverGiveUp does not provide partial refunds for unused portions of the current billing period unless required by applicable law or as specified in Section 11 (Refund Policy).

10.4 Access After Cancellation

After you cancel your subscription:

• You will continue to have full access to the Service until the end of your current billing period
• At the end of your current billing period, your access to coaching services will be suspended
• You will still be able to log in to your Dashboard to view your account information and reactivate your subscription if desired
• Your account information and coaching history will be retained in accordance with our Privacy Policy

For example, if your weekly subscription is billed every Monday and you cancel on Wednesday, you will continue to have access to the Service until the following Monday, at which point your access will be suspended unless you reactivate your subscription.

10.5 Cancellation During Free Trial

If you cancel during your Free Trial period:

• You will continue to have access to the Service until the end of your Free Trial period
• You will not be charged any subscription fees
• At the end of your Free Trial period, your access to coaching services will be suspended

10.6 Reactivation After Cancellation

If you wish to reactivate your subscription after cancellation:

• You can do so at any time through your Dashboard by selecting "Reactivate Subscription" or a similar option
• If you reactivate before the end of your current billing period, your service will continue uninterrupted
• If you reactivate after your access has been suspended, your access will be restored upon successful payment processing
• We will attempt to reconnect you with your previous coach, but this cannot be guaranteed as coaches may be reassigned

10.7 Cancellation by NeverGiveUp

NeverGiveUp may cancel your subscription in certain circumstances as outlined in Section 26 (Account Termination by Company). If NeverGiveUp cancels your subscription for reasons other than your violation of these Terms, you may be eligible for a prorated refund for the unused portion of your current billing period.

10.8 Cancellation and Data Retention

Canceling your subscription does not automatically delete your account or personal information. Your account information and coaching history will be retained in accordance with our Privacy Policy. If you wish to delete your account and personal information, you must make a separate request as outlined in our Privacy Policy.

10.9 No Cancellation Fees

NeverGiveUp does not charge fees for cancellation. However, you are responsible for any subscription fees incurred before the effective date of your cancellation.

By using our Service, you acknowledge and agree to these cancellation terms and procedures.

This section outlines NeverGiveUp's refund policy, including eligibility criteria, the refund process, and exceptions. We strive to maintain fair and transparent refund practices while balancing the needs of our users and the sustainability of our Service.

11.1 General Refund Policy

In general, subscription payments for the NeverGiveUp Service are non-refundable. When you purchase a subscription, you agree to pay for the Service for the duration of your billing cycle. However, we recognize that there may be circumstances where a refund is appropriate, as outlined in this section.

11.2 Refund Eligibility

You may be eligible for a full or partial refund in the following circumstances:

• Service Unavailability: If the Service is completely unavailable or unusable for an extended period (more than 24 consecutive hours) due to technical issues on our end, you may be eligible for a prorated refund for the affected period.
• Billing Errors: If you have been incorrectly charged or overcharged for the Service, you may be eligible for a refund of the incorrect or excess amount.
• Cancellation by NeverGiveUp: If NeverGiveUp cancels your subscription for reasons other than your violation of these Terms, you may be eligible for a prorated refund for the unused portion of your current billing period.
• Exceptional Circumstances: In rare cases, NeverGiveUp may issue refunds at its sole discretion for exceptional circumstances not covered by the above categories.

11.3 Non-Refundable Situations

Refunds will generally not be issued in the following situations:

• Cancellation of your subscription (you will continue to have access until the end of your current billing period)
• Dissatisfaction with the coaching service or your assigned coach
• Lack of use of the Service during your billing period
• Violation of these Terms resulting in termination of your account
• Changes to the Service that do not materially impair your ability to use it
• Requests made after 30 days from the date of the charge in question

11.4 Refund Process

To request a refund, you must:

1. Contact our support team at [email protected] with the subject line "Refund Request"
2. Include your account email address and the date of the charge in question
3. Provide a detailed explanation of why you believe you are eligible for a refund
4. Include any relevant documentation or evidence supporting your request

We will review your request and respond within 5 business days. If your refund request is approved, the refund will be processed to your original payment method. Refunds may take 5-10 business days to appear on your statement, depending on your payment provider.

11.5 Partial Refunds

In some cases, NeverGiveUp may issue partial refunds rather than full refunds. Partial refunds are typically prorated based on the unused portion of your billing period or the specific circumstances of your case. The amount of any partial refund will be determined at NeverGiveUp's discretion.

11.6 Free Trial

As the Free Trial does not require payment, no refunds are applicable to the Free Trial period. If you choose not to continue with a paid subscription after your Free Trial, you will not be charged, and no refund will be necessary.

11.7 Refund Method

Refunds will be issued using the same payment method used for the original purchase. We cannot issue refunds to a different payment method or account than the one used for the original transaction.

11.8 Currency and Fees

Refunds will be issued in the same currency as the original payment. NeverGiveUp is not responsible for any currency conversion fees, bank charges, or other fees that may be deducted from your refund by your payment provider or bank.

11.9 Promotional Credits

If you received promotional credits or discounts on your subscription, any refund will be calculated based on the actual amount paid, not the full price of the subscription before the promotion was applied.

11.10 Dispute Resolution

If your refund request is denied and you believe this decision was made in error, you may appeal the decision by responding to the denial email with additional information or clarification. If you are still not satisfied with the outcome, please refer to Section 31 (Dispute Resolution) for further steps.

NeverGiveUp reserves the right to modify this Refund Policy at any time in accordance with Section 33 (Changes to Terms). The current version of the Refund Policy will be the one in effect at the time of your refund request.

This section outlines the nature of the relationship between you and your assigned coach, including the scope and limitations of this relationship, and the coach assignment process. Understanding the coach-user relationship is essential for effective use of the Service.

12.1 Nature of the Coach-User Relationship

The relationship between you and your coach is strictly professional and limited to accountability coaching services. Your coach is an independent contractor engaged by NeverGiveUp to provide accountability coaching services. Your coach is not:

• Your employee or employer
• Your therapist, counselor, or mental health provider
• Your medical provider or healthcare professional
• Your legal, financial, or professional advisor
• Your personal friend or confidant (though the relationship may be friendly in nature)

The coach-user relationship is governed by these Terms and is facilitated and managed by NeverGiveUp.

12.2 Coach Assignment Process

NeverGiveUp assigns coaches to users based on several factors, including:

• The information provided in your onboarding questionnaire
• Your stated goals and preferences
• Coach availability and expertise
• Time zone compatibility
• Other relevant matching criteria

While we strive to create optimal matches, we cannot guarantee perfect compatibility between you and your assigned coach. If you feel your assigned coach is not a good fit, you may request reassignment as outlined in Section 12.6.

12.3 Coach Qualifications and Training

NeverGiveUp coaches are selected based on their ability to provide effective accountability coaching. Our coaches:

• Receive training in accountability coaching techniques
• Are knowledgeable about goal-setting and habit formation
• Are skilled in motivational communication
• Are committed to maintaining professional boundaries

However, NeverGiveUp coaches are not required to have specific professional licenses, certifications, or degrees related to therapy, counseling, medicine, or other professional fields unless explicitly stated. The qualifications of individual coaches may vary.

12.4 Coach Responsibilities

Your coach is responsible for:

• Providing regular check-ins and accountability support
• Responding to your messages within a reasonable timeframe
• Maintaining professional boundaries
• Respecting your privacy and confidentiality
• Providing motivation and encouragement
• Following up on your stated goals and commitments
• Adhering to NeverGiveUp's coaching standards and policies

12.5 Coach Limitations

Your coach is not authorized or qualified to:

• Provide medical advice, diagnosis, or treatment
• Provide therapy, counseling, or mental health services
• Provide legal, financial, or professional advice
• Prescribe medications or supplements
• Diagnose medical or psychological conditions
• Provide emergency or crisis intervention services
• Guarantee specific results or outcomes

If you require services beyond the scope of accountability coaching, you should consult with appropriate licensed professionals.

12.6 Coach Reassignment

If you feel your assigned coach is not a good fit for your needs, you may request reassignment by:

1. Contacting our support team at [email protected] with the subject line "Coach Reassignment Request"
2. Providing a brief explanation of why you are requesting reassignment
3. Waiting for confirmation of your reassignment request

NeverGiveUp will make reasonable efforts to reassign you to a different coach based on availability. However, we cannot guarantee immediate reassignment or perfect compatibility with any coach. Coach reassignment is subject to coach availability and other operational considerations.

12.7 Coach Availability

Coaches are generally available to respond to messages seven days a week, but they are not available 24/7. Response times may vary based on:

• The coach's schedule and working hours
• Time zone differences
• Weekends and holidays
• Coach time off or unavailability

Typical response times range from a few hours to one business day. If your coach will be unavailable for an extended period, you will be notified in advance when possible, and temporary arrangements may be made.

12.8 Coach Substitution

NeverGiveUp reserves the right to substitute your assigned coach at any time due to:

• Coach unavailability or departure
• Operational needs
• Performance issues
• Other relevant factors

We will make reasonable efforts to notify you of any coach substitution and to ensure a smooth transition to a new coach.

12.9 Direct Contact with Coaches

All communication with your coach should occur through the designated messaging platforms (iMessage or WhatsApp) as facilitated by NeverGiveUp. You agree not to:

• Attempt to contact your coach through other channels not approved by NeverGiveUp
• Attempt to establish a direct business relationship with your coach outside of the Service
• Solicit or accept services from your coach outside of the NeverGiveUp platform
• Share personal contact information with your coach for purposes unrelated to the Service

12.10 Confidentiality

Your communications with your coach are subject to our Privacy Policy. While we strive to maintain the confidentiality of these communications, they are not protected by legal privileges that may apply to certain professional relationships (such as doctor-patient or attorney-client privilege). Your coach may share information from your communications with NeverGiveUp for quality assurance, training, and service improvement purposes.

By using our Service, you acknowledge and agree to these terms regarding the coach-user relationship.

This section provides detailed information about the coaching services offered by NeverGiveUp, including what is included in these services, the frequency of coaching interactions, and the availability of coaches. Understanding the scope and nature of our coaching services will help you make the most of your experience with NeverGiveUp.

13.1 Coaching Service Description

NeverGiveUp provides accountability coaching services designed to help you achieve your personal goals through consistent communication, motivation, and support. Our coaching services include:

• Regular Check-ins: Your coach will check in with you regularly to monitor your progress toward your stated goals.
• Accountability Support: Your coach will follow up on commitments you've made to help you stay accountable to your goals.
• Motivation and Encouragement: Your coach will provide positive reinforcement and encouragement to help you stay motivated.
• Progress Tracking: Your coach will help you track your progress over time and celebrate your achievements.
• Goal Refinement: Your coach will help you refine your goals as needed based on your progress and changing circumstances.
• Basic Guidance: Your coach will offer basic guidance and suggestions related to your goals.
• Resource Sharing: Your coach may share relevant resources, articles, or tools that may help you achieve your objectives.

13.2 Coaching Focus Areas

Our coaching services can address various personal goals and habits, including but not limited to:

• Exercise and Fitness: Establishing and maintaining regular exercise routines, increasing physical activity, and achieving fitness goals.
• Nutrition and Diet: Developing healthier eating habits, meal planning, and making sustainable dietary changes.
• Productivity and Time Management: Improving work efficiency, reducing procrastination, and better managing your time and priorities.
• Screen Time Management: Reducing excessive screen time, establishing digital boundaries, and developing healthier technology habits.
• Personal Development: Working on self-improvement goals, learning new skills, and developing positive habits.
• Work-Life Balance: Finding better balance between professional responsibilities and personal life.
• Habit Formation: Establishing new positive habits and breaking negative ones.

The specific focus of your coaching will be determined by the information you provide during the onboarding process and subsequent communications with your coach.

13.3 Coaching Frequency

The frequency of coaching interactions is designed to provide consistent support while respecting your time and preferences:

• Regular Check-ins: Your coach will typically check in with you at least once per day, Monday through Friday, with optional weekend check-ins based on your preferences and goals.
• Response Expectations: You are encouraged to respond to your coach's messages when convenient for you, ideally within 24 hours to maintain momentum and accountability.
• Intensity Adjustments: The frequency and intensity of coaching interactions can be adjusted based on your needs, goals, and preferences. You can discuss your preferred communication frequency with your coach.

While daily check-ins are the standard approach, the specific frequency may vary based on your individual coaching plan and the nature of your goals.

13.4 Coaching Session Format

Coaching interactions take place through text-based messaging on your chosen platform (iMessage or WhatsApp). A typical coaching interaction may include:

• Check-in questions about your progress
• Discussion of challenges or obstacles you're facing
• Celebration of achievements and milestones
• Accountability reminders for commitments you've made
• Suggestions or resources related to your goals
• Planning for upcoming actions or milestones

The length and depth of these interactions will vary based on your needs and responses. Some interactions may be brief check-ins, while others may involve more in-depth discussions about specific challenges or strategies.

13.5 Coach Availability

Coaches are generally available to respond to messages during standard business hours in their respective time zones, with some flexibility to accommodate different schedules. While coaches strive to respond promptly, they are not available 24/7, and response times may vary based on:

• The coach's working hours and time zone
• Weekends and holidays
• Volume of messages and client load
• Scheduled time off or unavailability

Typical response times range from a few hours to one business day. If your coach will be unavailable for an extended period, you will be notified in advance when possible.

13.6 Coaching Duration

There is no predetermined end date for coaching services. You may continue with the Service for as long as you find it valuable and maintain an active subscription. Some users benefit from short-term coaching to establish specific habits, while others prefer ongoing support for long-term accountability and motivation.

13.7 Coaching Methodology

Our coaching methodology is based on principles of:

• Accountability: Regular check-ins and follow-ups to help you stay committed to your goals
• Positive Reinforcement: Celebrating successes and providing encouragement
• Consistency: Establishing regular patterns of communication and action
• Personalization: Tailoring the coaching approach to your specific needs and preferences
• Incremental Progress: Breaking larger goals into manageable steps
• Reflection: Encouraging thoughtful consideration of challenges and successes

This methodology is designed to support sustainable behavior change and goal achievement through consistent, supportive interaction.

13.8 Service Limitations

As outlined in Section 3.7, our coaching services do NOT include:

• Professional therapy, counseling, or mental health services
• Medical advice, diagnosis, or treatment
• Legal, financial, or professional advice
• Emergency or crisis intervention services
• Guaranteed results or outcomes
• In-person meetings or video calls with coaches

Our coaches are trained in accountability coaching but are not licensed healthcare providers, therapists, or professional advisors.

By using our Service, you acknowledge and agree to these terms regarding the coaching services provided.

This section outlines the acceptable uses of the NeverGiveUp Service and appropriate ways to interact with your coach. By using our Service, you agree to adhere to these permitted use guidelines.

14.1 Acceptable Service Uses

The NeverGiveUp Service is intended to be used for the following purposes:

• Personal Accountability: Receiving support and accountability for your personal goals and habits
• Goal Setting and Tracking: Establishing, refining, and tracking progress toward your personal goals
• Motivational Support: Receiving encouragement and motivation to help you stay committed to your goals
• Habit Formation: Developing positive habits and breaking negative ones with coaching support
• Progress Reflection: Discussing your progress, challenges, and achievements with your coach
• Resource Access: Accessing resources and information related to your goals
• Account Management: Managing your account, subscription, and personal information

14.2 Appropriate Coach Communication

When communicating with your coach, the following types of interactions are considered appropriate:

• Goal-Related Updates: Sharing information about your progress toward your stated goals
• Challenge Discussion: Discussing obstacles or challenges you're facing in achieving your goals
• Question Asking: Asking questions related to your goals, habits, or the coaching process
• Feedback Provision: Providing feedback about the coaching experience to improve its effectiveness
• Schedule Coordination: Communicating about preferred check-in times or temporary changes to your availability
• Resource Requests: Asking for resources, information, or guidance related to your goals
• Success Celebration: Sharing and celebrating your achievements and milestones

14.3 Personal Use Only

Your NeverGiveUp account and the coaching services provided are for your personal use only. You may not:

• Allow others to use your account or access your coaching services
• Transfer or share your account credentials with others
• Use the Service on behalf of another person unless you are their legal guardian or have similar legal authority
• Use the Service for commercial purposes or to promote products or services

14.4 Content Sharing

You may share the following types of content with your coach:

• Text messages related to your goals and progress
• Images that are directly relevant to your goals (e.g., workout photos, meal photos for nutrition goals)
• Screenshots of relevant apps or trackers that demonstrate your progress
• Links to articles, videos, or resources related to your goals
• Brief voice messages if supported by the messaging platform and relevant to your goals

All shared content must comply with the content restrictions outlined in Section 15 (Prohibited Activities).

14.5 Feedback and Suggestions

You are encouraged to provide feedback about the Service, including:

• Suggestions for improving the coaching experience
• Feedback about your coach's approach and effectiveness
• Reports of technical issues or difficulties using the Service
• Ideas for new features or services

Feedback should be provided through appropriate channels, such as email to [email protected] or through feedback features in your Dashboard.

14.6 Multiple Goals

You may work on multiple goals simultaneously with your coach, provided that:

• The goals are for your personal development and benefit
• The number and scope of goals are reasonable and manageable
• The goals fall within the coaching focus areas outlined in Section 13.2

Your coach may provide guidance on prioritizing goals to ensure effective coaching.

14.7 Goal Modifications

You may modify, adjust, or change your goals throughout your coaching relationship. This includes:

• Refining existing goals to make them more specific or achievable
• Adjusting timelines or expectations for goal achievement
• Replacing goals that are no longer relevant or desired
• Adding new goals as previous ones are achieved

Goal modifications should be communicated clearly to your coach to ensure alignment and appropriate support.

14.8 Service Access

You may access the Service through:

• The NeverGiveUp website using a standard web browser
• Your chosen messaging platform (iMessage or WhatsApp) for coach communications
• Any official NeverGiveUp mobile applications that may be released in the future

Access through unauthorized means or attempts to circumvent the normal functioning of the Service are prohibited.

By using our Service, you acknowledge and agree to these permitted use guidelines. Failure to comply with these guidelines may result in limitations on your use of the Service or termination of your account as outlined in Section 26 (Account Termination by Company).

This section outlines behaviors and activities that are prohibited when using the NeverGiveUp Service. Engaging in these prohibited activities may result in limitations on your use of the Service, suspension, or termination of your account.

15.1 Prohibited Behaviors

The following behaviors are strictly prohibited when using the Service:

• Harassment: Harassing, threatening, intimidating, or causing distress to coaches or NeverGiveUp staff
• Abuse: Verbal abuse, inappropriate language, or disrespectful communication with coaches or staff
• Discrimination: Discriminatory comments or behavior based on race, gender, religion, sexual orientation, disability, or other protected characteristics
• Misrepresentation: Providing false information about yourself or impersonating others
• Illegal Activities: Using the Service to plan, promote, or discuss illegal activities
• Unauthorized Access: Attempting to gain unauthorized access to other users' accounts or NeverGiveUp systems
• Service Disruption: Interfering with or disrupting the Service or servers connected to the Service

15.2 Prohibited Content

You may not share the following types of content with your coach or through the Service:

• Illegal Content: Content that violates any applicable law or regulation
• Harmful Content: Content that promotes harm to yourself or others
• Offensive Material: Sexually explicit, pornographic, or excessively violent content
• Hate Speech: Content that promotes hatred, discrimination, or violence against protected groups
• Private Information: Personal or private information about other individuals without their consent
• Confidential Information: Confidential business information or trade secrets that you are not authorized to share
• Malicious Code: Viruses, malware, or other harmful computer code

15.3 Commercial Misuse

The following commercial activities are prohibited:

• Reselling: Reselling or attempting to resell the Service or access to your coach
• Commercial Promotion: Using the Service to promote or advertise products or services
• Solicitation: Soliciting coaches or other users for business opportunities or services
• Unauthorized Data Collection: Collecting information from the Service for commercial purposes
• Competitive Use: Using the Service to develop a competing product or service

15.4 Inappropriate Relationship Boundaries

The following boundary violations are prohibited:

• Romantic or Sexual Content: Sharing romantic or sexual content with your coach or making advances of a romantic or sexual nature
• Personal Relationship Pursuit: Attempting to establish a personal friendship or relationship with your coach outside the professional coaching context
• Excessive Contact: Sending excessive messages or attempting to demand immediate or constant availability from your coach
• Alternative Contact Methods: Attempting to contact your coach through channels not approved by NeverGiveUp
• Coach Poaching: Attempting to hire or engage your coach directly outside of the NeverGiveUp platform

15.5 Technical Violations

The following technical violations are prohibited:

• Unauthorized Access: Accessing or attempting to access the Service by any means other than through the interfaces provided by NeverGiveUp
• Reverse Engineering: Reverse engineering, decompiling, or disassembling the Service
• Security Testing: Testing the security of the Service or attempting to identify vulnerabilities without explicit permission
• Automated Access: Using bots, scripts, or other automated methods to access or interact with the Service
• Circumvention: Bypassing or attempting to bypass any limitations or restrictions on the Service

15.6 Account Violations

The following account-related violations are prohibited:

• Multiple Accounts: Creating multiple accounts for the same individual
• Account Sharing: Sharing your account credentials or allowing others to access your account
• Fraudulent Registration: Providing false information during the registration process
• Free Trial Abuse: Attempting to obtain multiple Free Trials by creating new accounts
• Payment Fraud: Using fraudulent payment methods or attempting to circumvent payment requirements

15.7 Reporting Violations

If you encounter any prohibited activities or content while using the Service, please report it immediately to [email protected]. Include as much detail as possible about the violation, including dates, times, and descriptions of the activity or content.

15.8 Consequences of Violations

Violations of these prohibitions may result in:

• Warnings or notifications of the violation
• Temporary limitations on your use of the Service
• Suspension of your account
• Termination of your account without refund
• Legal action in cases of serious violations

The specific consequences will depend on the nature, severity, and frequency of the violation, as determined by NeverGiveUp in its sole discretion.

By using our Service, you acknowledge and agree to refrain from these prohibited activities. NeverGiveUp reserves the right to investigate and take appropriate action against any user who violates these prohibitions, including removing prohibited content, suspending or terminating accounts, and reporting violations to appropriate authorities.

This section outlines your responsibilities as a user of the NeverGiveUp Service. By using our Service, you agree to fulfill these responsibilities to ensure a productive coaching relationship and effective use of the Service.

16.1 Communication Expectations

As a user of the Service, you are responsible for:

• Timely Responses: Responding to your coach's messages within a reasonable timeframe, ideally within 24 hours, to maintain momentum and accountability
• Communication Frequency: Maintaining regular communication with your coach at a frequency that supports your goals
• Absence Notification: Informing your coach if you will be unavailable for an extended period (more than 48 hours)
• Clear Communication: Expressing your needs, goals, and concerns clearly to your coach
• Feedback Provision: Providing constructive feedback about the coaching experience when requested or when necessary to improve the effectiveness of the coaching

16.2 Respect for Coaches

You are expected to maintain respectful interactions with your coach, including:

• Professional Boundaries: Respecting the professional nature of the coach-user relationship as outlined in Section 12
• Respectful Communication: Communicating in a respectful and courteous manner, even when expressing dissatisfaction or disagreement
• Reasonable Expectations: Maintaining reasonable expectations regarding coach availability and response times
• Appropriate Content: Sharing only appropriate content as outlined in Sections 14 and 15
• Privacy Respect: Respecting your coach's privacy by not attempting to obtain personal information about them beyond what is necessary for the coaching relationship

16.3 Honesty and Transparency

Honest communication is essential for effective coaching. You are responsible for:

• Accurate Information: Providing truthful and accurate information about your progress, challenges, and actions
• Genuine Reporting: Honestly reporting on your adherence to commitments and action plans
• Transparent Challenges: Being open about obstacles or difficulties you're experiencing
• Authentic Goals: Setting goals that genuinely reflect your intentions and aspirations
• Forthright Feedback: Providing honest feedback about what is and isn't working in the coaching relationship

16.4 Active Participation

Effective coaching requires your active participation. You are responsible for:

• Goal Setting: Actively participating in setting clear, specific, and achievable goals
• Action Taking: Taking agreed-upon actions between coaching interactions
• Reflection: Reflecting on your progress, challenges, and learnings
• Engagement: Engaging thoughtfully with questions, suggestions, and resources provided by your coach
• Initiative: Taking initiative in identifying areas where you need support or guidance

16.5 Account and Subscription Management

You are responsible for managing your account and subscription, including:

• Payment Responsibility: Ensuring timely payment for your subscription
• Account Information: Keeping your account information current and accurate
• Subscription Decisions: Making timely decisions about continuing, changing, or canceling your subscription
• Account Security: Maintaining the security of your account as outlined in Section 6.4
• Terms Compliance: Complying with these Terms of Service in all aspects of your use of the Service

16.6 Appropriate Use of Resources

You are responsible for appropriately using the resources provided through the Service:

• Resource Application: Making reasonable efforts to apply relevant resources, suggestions, and strategies provided by your coach
• Tool Utilization: Utilizing any tools or frameworks provided through the Service for their intended purposes
• Content Respect: Respecting the intellectual property rights associated with resources provided through the Service
• Feedback on Resources: Providing feedback on the usefulness of resources to help improve the Service

16.7 Self-Care and Boundaries

You are responsible for maintaining your own well-being while using the Service:

• Realistic Goals: Setting goals that are challenging but realistic and healthy
• Personal Boundaries: Establishing and communicating your own boundaries regarding coaching interactions
• Health Prioritization: Prioritizing your physical and mental health in goal-setting and action-taking
• Professional Help: Seeking appropriate professional help for issues beyond the scope of accountability coaching
• Balance: Maintaining a balanced approach to goal achievement that supports your overall well-being

16.8 Compliance with Terms

You are responsible for complying with all aspects of these Terms of Service, including:

• Adhering to the permitted uses outlined in Section 14
• Refraining from prohibited activities outlined in Section 15
• Respecting the limitations of the Service as described throughout these Terms
• Following any additional guidelines or policies referenced in these Terms

Failure to fulfill these responsibilities may impact the effectiveness of the Service and, in some cases, may result in limitations on your use of the Service or termination of your account as outlined in Section 26 (Account Termination by Company).

This section provides detailed information about the communication channels used for coaching interactions, including supported platforms, usage guidelines, and availability. Understanding these communication channels is essential for effective use of the Service.

17.1 Supported Messaging Platforms

NeverGiveUp currently supports the following messaging platforms for coaching interactions:

• iMessage: Available for users with Apple devices (iPhone, iPad, or Mac) running compatible versions of iOS, iPadOS, or macOS
• WhatsApp: Available for users with iOS or Android devices running compatible versions of the WhatsApp application

You will select your preferred messaging platform during the onboarding process. All coaching communications will occur through your chosen platform.

17.2 Platform Selection Criteria

When selecting your messaging platform, consider the following factors:

• Device Compatibility: Ensure your device supports the messaging platform you select
• Regular Access: Choose the platform you access most regularly
• Notification Preferences: Consider how notifications work on each platform and which best suits your preferences
• Data Usage: Be aware of any data usage implications of your chosen platform
• Privacy Considerations: Review the privacy policies of the messaging platform you select

17.3 Platform Account Requirements

To use the supported messaging platforms, you must:

• For iMessage: Have an active Apple ID and a compatible Apple device with iMessage enabled
• For WhatsApp: Have an active WhatsApp account associated with your phone number and the WhatsApp application installed on your device

NeverGiveUp does not provide accounts for these messaging platforms. You are responsible for maintaining your own accounts and ensuring they remain active and accessible.

17.4 Platform Usage Guidelines

When using the supported messaging platforms for coaching interactions, you should:

• Use Only Selected Platform: Communicate with your coach only through your selected messaging platform
• Maintain Platform Access: Ensure continued access to your selected platform throughout your use of the Service
• Enable Notifications: Configure your device to receive notifications from your messaging platform to ensure timely awareness of coach communications
• Respect Platform Terms: Comply with the terms of service and community guidelines of your selected messaging platform
• Report Technical Issues: Inform NeverGiveUp of any technical issues with your messaging platform that may affect coaching communications

17.5 Platform Limitations

Be aware of the following limitations related to messaging platforms:

• Third-Party Services: The messaging platforms are provided by third parties and are subject to their own terms, policies, and availability
• Technical Issues: NeverGiveUp is not responsible for technical issues, outages, or changes to the messaging platforms
• Feature Variations: Features may vary between platforms and device types
• Message Delivery: Message delivery is not guaranteed and may be affected by network conditions, platform issues, or device settings
• Content Restrictions: Certain types of content may be restricted by the messaging platforms

17.6 Platform Changes

If you need to change your messaging platform after starting the Service:

1. Contact NeverGiveUp at [email protected] with the subject line "Messaging Platform Change Request"
2. Provide your current platform and the platform you wish to change to
3. Include your new contact information for the requested platform
4. Wait for confirmation of the platform change

Platform changes may take up to 2 business days to process. During this transition, there may be a temporary interruption in coaching communications.

17.7 Alternative Communication Channels

For account management, technical support, and other non-coaching communications, NeverGiveUp provides the following channels:

• Email: [email protected] for general inquiries and support
• Dashboard: Accessible through our website for account management and subscription information
• Website Forms: Contact forms and feedback mechanisms on our website

These alternative channels should not be used for regular coaching interactions, which should occur exclusively through your selected messaging platform.

17.8 Communication Backup

You are responsible for any backup of coaching communications that you wish to maintain. While messaging platforms typically store message history, NeverGiveUp does not guarantee the preservation of coaching communications on these platforms. If maintaining a record of your coaching interactions is important to you, consider:

• Regularly backing up your device according to the device manufacturer's recommendations
• Using the export or backup features of your messaging platform, if available
• Taking screenshots or notes of particularly important coaching interactions

17.9 Platform Privacy Considerations

Be aware that messaging platforms have their own privacy policies and data handling practices. NeverGiveUp does not control how these platforms handle your data. We recommend:

• Reviewing the privacy policy of your selected messaging platform
• Understanding how your messages are stored and processed by the platform
• Configuring privacy settings on your messaging platform according to your preferences
• Being mindful of the personal information you share through these platforms

By using our Service, you acknowledge and agree to these terms regarding communication channels. If you have any questions or concerns about the messaging platforms or communication channels, please contact us at [email protected].

This section outlines the policies governing messaging interactions between you and your coach, including response times, appropriate communication hours, and content guidelines. These policies are designed to ensure effective and respectful communication.

18.1 Response Times

The following guidelines apply to response times for messaging interactions:

• Coach Response Times: Coaches typically respond to messages within 24 hours during business days. Response times may be longer on weekends, holidays, or during scheduled coach unavailability.
• User Response Expectations: While there is no strict requirement for how quickly you must respond to your coach, timely responses (ideally within 24 hours) help maintain momentum and accountability.
• Delayed Responses: If you or your coach will be unable to respond for an extended period (more than 48 hours), it is courteous to provide advance notice when possible.
• No Guaranteed Immediate Responses: Neither you nor your coach is expected to be available for immediate or real-time messaging. The Service is designed for asynchronous communication.

18.2 Communication Hours

The following guidelines apply to the hours during which messaging interactions typically occur:

• Coach Working Hours: Coaches typically send messages during standard business hours in their respective time zones, though this may vary based on individual coach schedules.
• User Messaging Hours: You may send messages to your coach at any time that is convenient for you, with the understanding that responses will typically come during the coach's working hours.
• Time Zone Considerations: If you and your coach are in different time zones, be aware that this may affect communication patterns and response times.
• Notification Settings: You are responsible for managing notification settings on your device to ensure that coaching messages do not disturb you during times when you do not wish to be interrupted.

18.3 Message Content Guidelines

Messages exchanged through the Service should adhere to the following content guidelines:

• Relevance: Messages should be relevant to your coaching goals, progress, challenges, or the coaching relationship.
• Clarity: Strive for clear and concise communication to facilitate effective coaching interactions.
• Respectfulness: All messages should be respectful and professional, even when expressing concerns or disagreements.
• Appropriate Length: Messages should be of reasonable length. Very lengthy messages may be difficult for coaches to address effectively.
• Appropriate Content: Messages must comply with the permitted use guidelines in Section 14 and avoid prohibited content as outlined in Section 15.

18.4 Message Frequency

The following guidelines apply to the frequency of messaging interactions:

• Standard Frequency: The standard coaching interaction involves daily check-ins on weekdays, with optional weekend check-ins based on your preferences and goals.
• Customized Frequency: The frequency of interactions may be adjusted based on your needs, goals, and preferences, as agreed upon with your coach.
• Excessive Messaging: Sending an excessive number of messages within a short period is discouraged as it may impede effective coaching and overwhelm the communication channel.
• Minimum Engagement: To benefit from the Service, you should engage in regular communication with your coach. Extended periods of non-response may impact the effectiveness of the coaching relationship.

18.5 Message Retention

The following policies apply to the retention of messages:

• Platform Retention: Messages are retained according to the policies of the messaging platform you have selected (iMessage or WhatsApp).
• No Guaranteed Archiving: NeverGiveUp does not guarantee the preservation or archiving of coaching communications beyond what is provided by the messaging platform.
• Personal Backup: If you wish to maintain a record of your coaching communications, you are responsible for backing up or exporting messages using the features of your messaging platform or device.
• Coach Records: Your coach may maintain records of key coaching interactions for the purpose of providing effective coaching services.

18.6 Multimedia Content

The following guidelines apply to multimedia content in messages:

• Permitted Multimedia: You may share images, screenshots, or brief voice messages that are directly relevant to your goals (e.g., workout photos, meal photos for nutrition goals, screenshots of progress trackers).
• Size Limitations: Be mindful of the file size of multimedia content, as large files may be difficult to send or receive depending on network conditions and device capabilities.
• Appropriate Content: All multimedia content must comply with the content restrictions outlined in Section 15 (Prohibited Activities).
• Optional Nature: Sharing multimedia content is optional. Text-based communication is sufficient for effective coaching interactions.

18.7 Message Privacy

The following policies apply to the privacy of messaging interactions:

• Platform Privacy: Your messages are subject to the privacy policies and security measures of the messaging platform you have selected.
• Coach Confidentiality: Your coach will maintain the confidentiality of your communications within the limits described in Section 12.10 (Confidentiality).
• Quality Assurance: NeverGiveUp may review coaching communications for quality assurance, training, and service improvement purposes.
• No Legal Privilege: Communications with your coach are not protected by legal privileges that may apply to certain professional relationships (such as doctor-patient or attorney-client privilege).

18.8 Technical Issues

The following guidelines apply to technical issues affecting messaging:

• Reporting Problems: If you experience technical issues with messaging (e.g., messages not being delivered, notification problems), report these issues to [email protected].
• Alternative Contact: If technical issues prevent normal communication through your selected messaging platform, NeverGiveUp may establish temporary alternative communication methods until the issues are resolved.
• Platform Limitations: NeverGiveUp is not responsible for technical limitations, outages, or changes to the messaging platforms, which are provided by third parties.
• Device Maintenance: You are responsible for maintaining your device and messaging applications in working order to ensure continued access to coaching communications.

By using our Service, you acknowledge and agree to these messaging policies. If you have any questions or concerns about these policies, please contact us at [email protected].

This section outlines the ownership rights and licenses related to content shared through the Service, including messages, shared materials, and feedback. Understanding content ownership is important for protecting your rights and understanding how NeverGiveUp may use content you share.

19.1 User Content

"User Content" refers to any content that you create, upload, share, or transmit through the Service, including but not limited to:

• Text messages sent to your coach
• Images, photos, or screenshots you share
• Voice messages you send
• Information you provide during the onboarding process
• Feedback or suggestions you provide about the Service
• Responses to questions or prompts from your coach

19.2 Ownership of User Content

You retain ownership of all User Content that you create and share through the Service, subject to the licenses granted in this section. NeverGiveUp does not claim ownership of your User Content. However, by using the Service and sharing User Content, you grant certain licenses to NeverGiveUp as described below.

19.3 License to NeverGiveUp

By sharing User Content through the Service, you grant NeverGiveUp a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with:

• Operating, providing, and improving the Service
• Facilitating coaching interactions
• Quality assurance and coach training
• Service analytics and improvement
• Marketing and promoting the Service (subject to the limitations in Section 19.4)
• Other purposes as described in our Privacy Policy

This license is granted for the duration of your use of the Service and for a reasonable period thereafter to allow for the orderly transition or termination of services.

19.4 Marketing and Testimonial Use

NeverGiveUp may use anonymized or de-identified User Content for marketing, promotional, or educational purposes. However, we will not use your personally identifiable User Content (such as your name, likeness, or identifiable personal details) for marketing or promotional purposes without your explicit consent.

If you provide a testimonial or review of the Service, you grant NeverGiveUp the right to use your first name, last initial, and the content of your testimonial for marketing and promotional purposes, unless you explicitly request anonymity.

19.5 Feedback and Suggestions

If you provide feedback, ideas, or suggestions regarding the Service ("Feedback"), you grant NeverGiveUp a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Feedback for any purpose without compensation to you. This includes, but is not limited to:

• Implementing your suggestions or feedback in the Service
• Improving or modifying the Service based on your feedback
• Developing new features or services inspired by your feedback

You waive any moral rights or other rights of attribution with respect to your Feedback.

19.6 Coach Content

"Coach Content" refers to content created or provided by coaches through the Service, including but not limited to:

• Messages sent by coaches
• Resources or materials shared by coaches
• Guidance, suggestions, or advice provided by coaches
• Questions or prompts from coaches

Coach Content is owned by NeverGiveUp or its licensors. You are granted a limited, non-exclusive, non-transferable license to use Coach Content solely for your personal, non-commercial use in connection with the Service.

19.7 Service Content

"Service Content" refers to all content, materials, and information provided by NeverGiveUp through the Service, excluding User Content and Coach Content. Service Content includes, but is not limited to:

• The NeverGiveUp website and its design, layout, and interface
• Text, graphics, logos, icons, and images on the website
• Software, code, and technology underlying the Service
• Documentation, guides, and educational materials

Service Content is owned by NeverGiveUp or its licensors and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use Service Content solely for your personal, non-commercial use in connection with the Service.

19.8 Prohibited Content Uses

You may not use Coach Content or Service Content in any way that:

• Infringes on NeverGiveUp's intellectual property rights
• Creates a product or service that competes with the Service
• Copies or replicates any features, functions, or graphics of the Service
• Attempts to decompile, reverse engineer, or extract source code
• Removes any copyright, trademark, or other proprietary notices
• Uses the content for commercial purposes without NeverGiveUp's express written permission

19.9 Content Removal

NeverGiveUp reserves the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise inappropriate. We will make reasonable efforts to notify you if we remove your User Content, but we are not obligated to do so.

19.10 Content After Account Termination

Upon termination of your account, NeverGiveUp will:

• Retain your User Content for a reasonable period as required for legal, regulatory, or legitimate business purposes
• Eventually delete or anonymize your User Content in accordance with our data retention policies and applicable laws
• Maintain the right to use anonymized or aggregated data derived from your User Content

The licenses granted in this section will survive the termination of your account to the extent necessary for NeverGiveUp to wind down your use of the Service in an orderly manner and as required for legal, regulatory, or legitimate business purposes.

By using our Service, you acknowledge and agree to these content ownership terms. If you have any questions or concerns about content ownership, please contact us at [email protected].

This section outlines the intellectual property rights associated with the NeverGiveUp Service, including trademarks, copyrights, and other proprietary rights. Understanding these rights is important for proper use of the Service and respect for NeverGiveUp's intellectual property.

20.1 NeverGiveUp Intellectual Property

The following elements of the Service are owned by NeverGiveUp or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws:

• The NeverGiveUp name, logo, and brand identity
• The design, layout, look, appearance, and graphics of the website and Dashboard
• All software, code, applications, and technology underlying the Service
• Text, images, videos, audio, and other content created by NeverGiveUp
• Coaching methodologies, frameworks, and processes
• Documentation, guides, and educational materials
• Marketing and promotional materials

20.2 Trademarks

The NeverGiveUp name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NeverGiveUp or its affiliates or licensors. You may not use these trademarks without the prior written permission of NeverGiveUp. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.

20.3 Copyright

All content included on the website and in the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NeverGiveUp or its content suppliers and is protected by copyright laws. The compilation of all content on the website and in the Service is the exclusive property of NeverGiveUp and is protected by copyright laws.

20.4 Limited License to Use

NeverGiveUp grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its intellectual property solely for your personal, non-commercial use in accordance with these Terms. This license does not include:

• Any resale or commercial use of the Service or its contents
• Any collection and use of any product listings, descriptions, or prices
• Any derivative use of the Service or its contents
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

This license terminates automatically if you violate any of these Terms or upon termination of your account.

20.5 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved and retained by NeverGiveUp or its licensors. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by NeverGiveUp. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

20.6 Feedback and Contributions

If you provide ideas, suggestions, or feedback about the Service ("Feedback"), such Feedback is not confidential and NeverGiveUp is free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback as it sees fit, without any obligation to you. This does not apply to personal information that is subject to our Privacy Policy.

20.7 Third-Party Intellectual Property

The Service may include content, applications, or materials from third parties. All statements and/or opinions expressed in such materials, and all articles and responses to questions and other content, other than the content provided by NeverGiveUp, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NeverGiveUp. NeverGiveUp is not responsible for the content or accuracy of any materials provided by any third parties.

20.8 Copyright Infringement

NeverGiveUp respects the intellectual property rights of others and expects users of the Service to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NeverGiveUp with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
• Your contact information, including your address, telephone number, and an email address
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Please send copyright infringement notifications to:

NeverGiveUp
Attn: Copyright Agent
[email protected]

20.9 Patent Rights

The Service and its features may be protected by patents owned or licensed by NeverGiveUp. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patented technology without prior written permission from NeverGiveUp.

20.10 Trade Secrets

The Service may include trade secrets owned by NeverGiveUp, including but not limited to algorithms, methods, processes, and systems used to provide the Service. You agree not to misappropriate or attempt to discover such trade secrets through improper means.

By using our Service, you acknowledge and agree to respect NeverGiveUp's intellectual property rights as outlined in this section. Unauthorized use of NeverGiveUp's intellectual property may result in legal action.

This section provides important disclaimers regarding testimonials, user experiences, and potential results from using the NeverGiveUp Service. It is important to understand that individual results may vary and that NeverGiveUp does not guarantee specific outcomes.

21.1 Testimonial Authenticity

Testimonials and user experiences shared on our website, marketing materials, or other communications are based on the actual experiences of real users of our Service. However, please note the following:

• Testimonials represent the personal opinions and experiences of the individuals who provided them
• Testimonials may be edited for clarity, grammar, or length, but their substantive content remains unchanged
• We may compensate users for their time in providing detailed testimonials, but we do not pay for positive reviews
• We do not claim that the experiences shared in testimonials are typical or that you will achieve similar results

21.2 Results Vary

The results that users achieve through the NeverGiveUp Service vary significantly based on numerous factors, including but not limited to:

• The nature and difficulty of the goals you set
• Your level of commitment and consistency
• Your starting point and baseline habits
• Your personal circumstances and environment
• Your responsiveness to coaching and accountability
• The time and effort you invest in pursuing your goals
• External factors beyond your or our control

What works for one person may not work for another, even under seemingly similar circumstances.

21.3 No Guaranteed Results

NeverGiveUp does not guarantee that you will achieve any specific results from using our Service. While we strive to provide effective accountability coaching that helps users achieve their goals, we cannot and do not guarantee:

• That you will achieve your specific goals
• Any particular timeline for achieving results
• That you will experience any specific improvements or changes
• That the Service will be effective for your particular situation
• That you will maintain any results achieved after discontinuing the Service

The effectiveness of the Service depends significantly on your active participation, commitment, and follow-through.

21.4 Before and After Representations

If we share "before and after" stories or representations in our marketing materials:

• These represent specific individual experiences and are not typical or representative of what most users will achieve
• They are shared for inspirational purposes only
• The timeframes for these changes may vary significantly from person to person
• We do not claim that similar results will be achieved by all users

21.5 Success Factors

Success with the NeverGiveUp Service typically depends on several factors, including:

• Setting clear, specific, and realistic goals
• Actively engaging with your coach on a regular basis
• Being honest about your progress and challenges
• Taking consistent action toward your goals between coaching interactions
• Being open to feedback and willing to adjust your approach when necessary
• Maintaining patience and persistence through challenges and setbacks

Even with these factors in place, individual results will vary.

21.6 Health and Fitness Disclaimers

For goals related to health, fitness, weight management, or similar areas:

• Always consult with qualified healthcare professionals before beginning any new health or fitness program
• Our coaches are not healthcare providers and cannot provide medical advice
• Results in these areas are particularly variable and depend on many factors including genetics, medical conditions, and other individual factors
• Any weight loss, fitness improvements, or other health-related outcomes mentioned in testimonials or marketing materials are not typical and should not be expected

21.7 Productivity and Habit Formation Disclaimers

For goals related to productivity, habit formation, time management, or similar areas:

• Changing established habits and behaviors typically requires time and consistent effort
• The time required to form new habits varies significantly from person to person and habit to habit
• Some habits and behaviors may be more resistant to change than others
• External factors and life circumstances can significantly impact your ability to maintain new habits

21.8 Verification of Testimonials

NeverGiveUp makes reasonable efforts to verify the authenticity of testimonials. However:

• We cannot independently verify all claims made in testimonials
• We rely on the honesty and accuracy of the information provided by users
• We do not claim that the experiences shared in testimonials are scientifically verified

21.9 Your Individual Experience

Your experience with the NeverGiveUp Service will be unique to you. We encourage you to:

• Set realistic expectations for what you can achieve
• Focus on your personal progress rather than comparing yourself to others
• Recognize that sustainable change often happens gradually
• Celebrate your own achievements, regardless of how they compare to others' experiences

By using our Service, you acknowledge and agree that you understand these disclaimers regarding testimonials and results. If you have any questions about what you can realistically expect from using our Service, please contact us at [email protected].

This section provides important disclaimers regarding the medical and health-related aspects of the NeverGiveUp Service. It is crucial to understand that our Service is not a substitute for professional medical care or advice.

22.1 Not a Medical Service

The NeverGiveUp Service is an accountability coaching service and is NOT:

• A medical service or healthcare provider
• A mental health service or therapy provider
• A substitute for professional medical advice, diagnosis, or treatment
• Intended to diagnose, treat, cure, or prevent any disease, disorder, or health condition
• A replacement for regular consultations with qualified healthcare professionals

22.2 Coach Qualifications

NeverGiveUp coaches:

• Are NOT licensed healthcare providers, physicians, nurses, therapists, counselors, or mental health professionals
• Do NOT have specialized medical training or qualifications
• Are NOT qualified to provide medical advice, diagnosis, or treatment recommendations
• Are trained in accountability coaching techniques, not medical or therapeutic interventions
• Cannot and will not attempt to diagnose or treat any medical or psychological conditions

22.3 Not a Therapeutic Relationship

The relationship between you and your coach:

• Is NOT a doctor-patient relationship
• Is NOT a therapist-client relationship
• Does NOT involve the provision of medical or mental health services
• Is NOT protected by the legal privileges that may apply to certain professional healthcare relationships
• Is limited to accountability coaching as described in these Terms

22.4 Health-Related Goals

If you choose to work on health-related goals with your coach:

• You should consult with appropriate healthcare professionals before beginning any new health, fitness, nutrition, or wellness program
• You should inform your healthcare providers about your participation in our coaching program
• You should follow the advice and recommendations of your healthcare providers, even if they conflict with suggestions from your coach
• You should not make changes to any prescribed medical treatments or medications based on coaching interactions
• You should not delay seeking medical attention or disregard professional medical advice because of anything discussed in coaching interactions

22.5 Mental Health Considerations

The NeverGiveUp Service:

• Is NOT designed to address mental health conditions such as depression, anxiety, eating disorders, substance use disorders, or other psychological conditions
• Is NOT appropriate as a primary intervention for individuals experiencing significant mental health challenges
• Should NOT be used as a substitute for appropriate mental health treatment
• May complement, but should not replace, professional mental health services for those who need them

If you are experiencing symptoms of a mental health condition, please consult with qualified mental health professionals.

22.6 Emergency Situations

The NeverGiveUp Service is NOT appropriate for emergency situations. If you experience:

• Thoughts of harming yourself or others
• A medical emergency
• A mental health crisis
• Any situation requiring immediate medical attention

You should:

• Call emergency services (911 in the United States or the appropriate emergency number in your location)
• Go to your nearest emergency room
• Contact a crisis hotline such as the National Suicide Prevention Lifeline at 1-800-273-8255 (US) or a similar service in your country

Do not wait for a response from your coach in emergency situations.

22.7 Health Information Privacy

While we strive to maintain the confidentiality of all communications, including health-related information you may share with your coach:

• Communications through the Service are NOT protected by the same legal privacy protections that apply to communications with healthcare providers (such as HIPAA in the United States)
• You should exercise discretion regarding the health information you choose to share through the Service
• Your coach may share information from your communications with NeverGiveUp for quality assurance, training, and service improvement purposes

22.8 Medical Claims

NeverGiveUp does not make any claims regarding:

• The medical benefits of using our Service
• The effectiveness of our Service for treating, managing, or preventing any medical condition
• The impact of our Service on physical or mental health outcomes
• The safety or efficacy of any health-related activities that may be discussed during coaching interactions

Any discussions of potential health benefits of certain activities (such as exercise or nutrition) are for general informational purposes only and are not medical advice.

22.9 Individual Responsibility

You are solely responsible for:

• Consulting with appropriate healthcare professionals regarding your health
• Evaluating whether any activities discussed with your coach are appropriate for your individual health circumstances
• Informing your coach of any health conditions that may affect your ability to pursue certain goals safely
• Making informed decisions about your health based on advice from qualified healthcare professionals, not your coach

By using our Service, you acknowledge and agree that you understand these medical disclaimers and the limitations of our Service with respect to health-related matters. If you have any questions about whether the Service is appropriate for your specific health circumstances, please consult with qualified healthcare professionals.

This section provides important disclaimers regarding professional advice and the limitations of the NeverGiveUp Service in relation to legal, financial, and other professional matters. It is crucial to understand that our Service does not provide professional advice in specialized fields.

23.1 Not Professional Advice

The NeverGiveUp Service is an accountability coaching service and does NOT provide:

• Legal advice or legal services
• Financial advice, investment recommendations, or financial planning services
• Tax advice or tax preparation services
• Business consulting or professional business advice
• Career counseling or professional career advice
• Educational counseling or academic advising
• Any other form of specialized professional advice or services

23.2 Coach Qualifications

NeverGiveUp coaches:

• Are NOT licensed attorneys, paralegals, or legal professionals
• Are NOT licensed financial advisors, accountants, or financial planners
• Are NOT licensed tax professionals or tax preparers
• Are NOT licensed business consultants or management professionals
• Are NOT licensed career counselors or certified career coaches
• Are NOT licensed educational counselors or academic advisors
• Do NOT have specialized training or qualifications in professional fields unless explicitly stated

Our coaches are trained in accountability coaching techniques, not in providing professional advice in specialized fields.

23.3 Not a Professional Relationship

The relationship between you and your coach:

• Is NOT an attorney-client relationship
• Is NOT a financial advisor-client relationship
• Is NOT an accountant-client relationship
• Is NOT a consultant-client relationship
• Is NOT protected by the legal privileges that may apply to certain professional relationships
• Is limited to accountability coaching as described in these Terms

23.4 Professional-Related Goals

If you choose to work on goals related to legal, financial, business, career, or other professional matters with your coach:

• You should consult with appropriate licensed professionals for advice specific to your situation
• You should not rely on your coach's suggestions or feedback as professional advice
• You should follow the advice of qualified professionals, even if it conflicts with suggestions from your coach
• You should not make significant legal, financial, business, or career decisions based solely on coaching interactions

23.5 Legal Matters

With respect to legal matters:

• NeverGiveUp and its coaches do not provide legal advice or legal services
• Discussions about legal goals or legal matters during coaching sessions are not legal advice
• Your coach cannot advise you on legal rights, obligations, or strategies
• For any legal matters, you should consult with a qualified attorney licensed in your jurisdiction

23.6 Financial Matters

With respect to financial matters:

• NeverGiveUp and its coaches do not provide financial advice, investment recommendations, or financial planning services
• Discussions about financial goals during coaching sessions are not financial advice
• Your coach cannot advise you on investments, financial products, or financial strategies
• For any financial matters, you should consult with a qualified financial advisor, accountant, or financial planner

23.7 Business Matters

With respect to business matters:

• NeverGiveUp and its coaches do not provide business consulting or professional business advice
• Discussions about business goals during coaching sessions are not business consulting
• Your coach cannot advise you on business strategies, operations, or management decisions
• For any business matters, you should consult with qualified business consultants or advisors

23.8 Career Matters

With respect to career matters:

• NeverGiveUp and its coaches do not provide professional career counseling or career services
• Discussions about career goals during coaching sessions are not professional career advice
• Your coach cannot advise you on specific career paths, job searches, or professional development strategies
• For specialized career guidance, you should consult with qualified career counselors or advisors

23.9 Educational Matters

With respect to educational matters:

• NeverGiveUp and its coaches do not provide educational counseling or academic advising
• Discussions about educational goals during coaching sessions are not professional educational advice
• Your coach cannot advise you on specific educational paths, programs, or academic strategies
• For educational guidance, you should consult with qualified educational counselors or academic advisors

23.10 Professional Claims

NeverGiveUp does not make any claims regarding:

• The professional benefits of using our Service
• The effectiveness of our Service for addressing professional matters
• The impact of our Service on professional outcomes
• The appropriateness of any professional-related activities that may be discussed during coaching interactions

Any discussions of professional matters are for general accountability purposes only and are not professional advice.

23.11 Individual Responsibility

You are solely responsible for:

• Consulting with appropriate licensed professionals regarding legal, financial, business, career, and other professional matters
• Evaluating whether any activities discussed with your coach are appropriate for your individual professional circumstances
• Making informed decisions about professional matters based on advice from qualified professionals, not your coach
• Complying with all applicable laws, regulations, and professional standards in your jurisdiction

By using our Service, you acknowledge and agree that you understand these professional advice disclaimers and the limitations of our Service with respect to professional matters. If you have any questions about whether the Service is appropriate for your specific professional circumstances, please consult with qualified professionals in the relevant field.

This section outlines NeverGiveUp's right to modify the Service and the process for notifying users of such modifications. It is important to understand that the Service may evolve over time and that certain changes may affect your use of the Service.

24.1 Right to Modify

NeverGiveUp reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. This includes, but is not limited to:

• Adding, removing, or changing features or functionality
• Modifying the user interface or design
• Changing the coaching methodology or approach
• Adjusting communication methods or frequency
• Updating software, applications, or technology
• Changing coach availability or assignment processes
• Modifying the Dashboard or account management tools
• Altering the onboarding process or questionnaire

24.2 Types of Modifications

Modifications to the Service may include:

• Minor Updates: Small changes that do not significantly affect the core functionality of the Service, such as bug fixes, performance improvements, or minor design adjustments.
• Feature Enhancements: Additions or improvements to existing features that enhance the functionality or user experience of the Service.
• Significant Changes: Substantial modifications to core aspects of the Service that may affect how you use or interact with the Service.
• Discontinuations: Removal of certain features, functionality, or aspects of the Service.
• Complete Service Changes: Major overhauls or redesigns of the Service that fundamentally change its nature or operation.

24.3 Notice of Modifications

NeverGiveUp will make reasonable efforts to notify users of significant modifications to the Service through one or more of the following methods:

• Email notifications to the email address associated with your account
• Notifications within the Dashboard
• Announcements on our website
• Messages from your coach
• Updates to these Terms of Service

For minor updates or changes that do not materially affect your use of the Service, we may not provide specific notice.

24.4 Timing of Modifications

Modifications to the Service may be implemented:

• Immediately and without prior notice for minor updates, bug fixes, or emergency changes
• With advance notice for significant changes that may affect your use of the Service
• Gradually or in phases for major overhauls or redesigns

When possible, we will provide advance notice of significant changes to allow you time to adjust to the modifications or make decisions about your continued use of the Service.

24.5 Effect on Current Users

When implementing modifications to the Service:

• We will make reasonable efforts to minimize disruption to current users
• We may provide transition periods or grace periods for significant changes
• We may offer alternative options or workarounds when features are discontinued
• We may provide guidance or support to help users adapt to changes

However, we cannot guarantee that modifications will not affect your experience or use of the Service.

24.6 User Options Following Modifications

If we make modifications to the Service that you do not wish to accept, your options include:

• Continuing to use the Service as modified
• Providing feedback about the modifications through appropriate channels
• Requesting assistance or guidance in adapting to the changes
• Canceling your subscription in accordance with Section 10 (Cancellation Policy)

Your continued use of the Service after modifications have been implemented constitutes your acceptance of the modified Service.

24.7 Subscription Plan Modifications

Modifications to subscription plans, pricing, or payment terms are governed by Section 7 (Subscription Plans and Payments). Such modifications will not affect current billing cycles already in progress and will be communicated to users before they take effect for your subscription.

24.8 Temporary Modifications

NeverGiveUp may make temporary modifications to the Service:

• To address technical issues or perform maintenance
• To comply with legal requirements or emergency situations
• To test new features or functionality
• To respond to unusual circumstances or events

Temporary modifications may be implemented without prior notice and may be reversed once the underlying reason for the modification has been addressed.

24.9 Feedback on Modifications

We welcome feedback on modifications to the Service. If you have comments, suggestions, or concerns about changes to the Service, please contact us at [email protected]. While we cannot guarantee that we will act on all feedback, we value user input and will consider it as we continue to develop and improve the Service.

By using our Service, you acknowledge and agree that NeverGiveUp has the right to modify the Service as described in this section. If you do not agree with this right to modify, you should not use the Service.

This section outlines potential interruptions to the NeverGiveUp Service, including planned maintenance, technical issues, and circumstances beyond our control. It is important to understand that the Service may not be available at all times and that certain interruptions are to be expected.

25.1 Types of Service Interruptions

The NeverGiveUp Service may experience interruptions for various reasons, including but not limited to:

• Scheduled Maintenance: Planned downtime for system updates, improvements, or routine maintenance
• Emergency Maintenance: Unplanned but necessary maintenance to address critical issues or security concerns
• Technical Issues: Unexpected problems with servers, databases, software, or other technical components
• Third-Party Service Disruptions: Issues with third-party services that NeverGiveUp relies on, including messaging platforms, payment processors, or hosting services
• Network Problems: Internet connectivity issues, bandwidth limitations, or network congestion
• Security Incidents: Responses to actual or suspected security breaches or vulnerabilities
• Force Majeure Events: Circumstances beyond our reasonable control, as detailed in Section 25.5

25.2 Scheduled Maintenance

For scheduled maintenance:

• NeverGiveUp will make reasonable efforts to provide advance notice of scheduled maintenance that may cause significant Service interruptions
• Notice may be provided through email, Dashboard notifications, or other appropriate communication channels
• Scheduled maintenance will typically be performed during periods of lower usage when possible
• The duration of scheduled maintenance will be kept to the minimum necessary to complete the required work

Minor maintenance that does not significantly affect Service availability may be performed without specific notice.

25.3 Unscheduled Interruptions

For unscheduled interruptions:

• NeverGiveUp will make reasonable efforts to restore the Service as quickly as possible
• We may provide notifications about significant unscheduled interruptions if the duration is expected to be substantial
• We may not be able to provide advance notice of emergency maintenance or interruptions due to technical issues
• Status updates may be provided during extended interruptions when feasible

25.4 Impact on Coaching Services

Service interruptions may affect coaching services in the following ways:

• Delayed Messages: Messages between you and your coach may be delayed during Service interruptions
• Temporary Inaccessibility: You may be temporarily unable to access your Dashboard or account information
• Disrupted Communication: Communication with your coach may be disrupted or temporarily unavailable
• Delayed Updates: Updates to your account or subscription information may be delayed

In most cases, these effects will be temporary, and normal Service will resume once the interruption is resolved.

25.5 Force Majeure

NeverGiveUp will not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters or acts of God (such as earthquakes, floods, hurricanes, or other natural disasters)
• Epidemics, pandemics, or public health emergencies
• Acts of war, terrorism, civil unrest, or governmental action
• Labor disputes or strikes
• Fire, explosion, or severe property damage
• Widespread power outages or telecommunications failures
• Cyberattacks or other malicious activities beyond our reasonable security measures
• Unexpected failure of critical infrastructure or suppliers

In such cases, performance will be excused until the force majeure event has ended. NeverGiveUp will make reasonable efforts to minimize the impact of force majeure events and to resume normal operations as soon as practicable.

25.6 No Service Level Guarantees

NeverGiveUp does not provide any service level guarantees or warranties regarding the availability, reliability, or performance of the Service. While we strive to maintain high availability and reliability, the Service is provided on an "as is" and "as available" basis, as further detailed in Section 30 (Disclaimers of Warranties).

25.7 Notification of Extended Interruptions

For extended Service interruptions (lasting more than 24 hours), NeverGiveUp will make reasonable efforts to:

• Notify affected users through available communication channels
• Provide updates on the status of the interruption when possible
• Estimate the expected duration of the interruption, if known
• Notify users when the Service has been restored

25.8 Compensation for Interruptions

NeverGiveUp may, at its sole discretion, offer compensation for extended Service interruptions that significantly impact the coaching service. Such compensation, if offered, may include:

• Extension of subscription periods
• Credits toward future subscription payments
• Partial refunds in accordance with Section 11 (Refund Policy)
• Other appropriate forms of compensation

However, NeverGiveUp is not obligated to provide compensation for Service interruptions unless required by applicable law.

25.9 User Responsibilities During Interruptions

During Service interruptions, users should:

• Be patient and understand that technical issues may take time to resolve
• Check NeverGiveUp's communication channels for status updates
• Refrain from repeatedly attempting actions that are failing due to the interruption
• Report persistent issues to [email protected] if they appear to be specific to your account

By using our Service, you acknowledge and agree that occasional Service interruptions may occur and that such interruptions do not constitute a breach of these Terms.

This section outlines the circumstances under which NeverGiveUp may terminate or suspend your account, the process for such termination, and the effects of termination on your access to the Service and your data.

26.1 Grounds for Termination

NeverGiveUp reserves the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to:

• Terms Violation: Violation of these Terms of Service or any other policies referenced herein
• Prohibited Activities: Engagement in any of the prohibited activities outlined in Section 15
• Inappropriate Conduct: Harassment, abuse, or inappropriate behavior toward coaches or NeverGiveUp staff
• Fraudulent Activity: Providing false information, engaging in fraudulent payment activities, or other deceptive practices
• Non-Payment: Failure to pay subscription fees or resolve payment issues after reasonable attempts by NeverGiveUp
• Legal Requirements: Compliance with legal requirements, court orders, or governmental requests
• Security Concerns: Suspected unauthorized access or security breaches related to your account
• Service Discontinuation: Discontinuation of the Service or any part thereof
• Operational Necessity: Other operational, technical, or business reasons at NeverGiveUp's sole discretion

26.2 Types of Account Actions

NeverGiveUp may take the following actions regarding your account:

• Warning: Issuing a warning about violations or concerning behavior
• Temporary Suspension: Temporarily suspending your access to the Service for a specified period
• Feature Limitation: Restricting your access to certain features or functionality of the Service
• Coach Reassignment: Reassigning you to a different coach due to inappropriate interactions
• Permanent Termination: Permanently terminating your account and access to the Service

The specific action taken will depend on the nature, severity, and frequency of the issue, as determined by NeverGiveUp in its sole discretion.

26.3 Termination Process

When terminating your account, NeverGiveUp will generally follow this process:

1. Notification: When feasible and appropriate, we will provide notice of the termination, including the reason for termination and the effective date.
2. Access Restriction: Your access to the Service, including coaching communications and your Dashboard, will be suspended or terminated.
3. Subscription Cancellation: Any active subscription will be canceled, effective immediately or at the end of the current billing period, depending on the reason for termination.
4. Data Handling: Your data will be handled in accordance with our Privacy Policy and Section 26.5 below.

In cases of serious violations or security concerns, NeverGiveUp may terminate your account immediately and without prior notice.

26.4 Effects of Termination

Upon termination of your account by NeverGiveUp:

• You will lose access to the Service, including your Dashboard and coaching communications
• Your subscription will be canceled, and you will no longer be charged for the Service
• Your coach will be notified of the termination and will cease communications with you
• You will no longer receive any communications or updates related to the Service, except as required for account closure or legal purposes
• You may lose access to any resources, messages, or content associated with your account

26.5 Data After Termination

Following termination of your account by NeverGiveUp:

• Your personal information and account data will be handled in accordance with our Privacy Policy
• We may retain certain information for legal, regulatory, or legitimate business purposes
• We may anonymize or aggregate your data for analytical or statistical purposes
• We will comply with applicable data protection laws regarding the retention and deletion of your personal information

If you wish to request deletion of your personal information following termination, you may contact us at [email protected], subject to our legal and legitimate business retention requirements.

26.6 Refunds Upon Termination

Refund eligibility upon termination by NeverGiveUp depends on the reason for termination:

• If termination is due to your violation of these Terms or engagement in prohibited activities, you will not be eligible for a refund of any prepaid fees.
• If termination is due to Service discontinuation or for NeverGiveUp's convenience (not due to your actions), you may be eligible for a prorated refund of prepaid fees for the unused portion of your current billing period.
• Specific refund eligibility and processing are subject to the Refund Policy in Section 11.

26.7 Reactivation After Termination

If your account has been terminated by NeverGiveUp:

• Reactivation may not be possible, particularly in cases of serious or repeated violations
• Any request for reactivation will be evaluated on a case-by-case basis at NeverGiveUp's sole discretion
• If reactivation is permitted, you may be required to agree to additional terms or restrictions
• NeverGiveUp reserves the right to refuse reactivation for any reason

To request consideration for reactivation, contact [email protected] with your account information and the circumstances of your termination.

26.8 Survival of Terms

Certain provisions of these Terms will survive termination of your account, including but not limited to:

• Ownership provisions related to content and intellectual property
• Limitations of liability and disclaimers
• Indemnification obligations
• Dispute resolution provisions
• Any other provisions that by their nature should survive termination

26.9 No Liability for Termination

NeverGiveUp will not be liable to you or any third party for any termination of your account or access to the Service. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for services received.

By using our Service, you acknowledge and agree that NeverGiveUp has the right to terminate your account as described in this section.

This section outlines the process for you to terminate your account with NeverGiveUp, the effects of such termination, and how your data will be handled after termination. It is important to understand the difference between canceling your subscription (as described in Section 10) and terminating your account entirely.

27.1 Subscription Cancellation vs. Account Termination

There is an important distinction between canceling your subscription and terminating your account:

• Subscription Cancellation: When you cancel your subscription as described in Section 10, your paid access to the Service ends at the conclusion of your current billing period, but your account remains active. You can still log in to your Dashboard and reactivate your subscription at any time.
• Account Termination: When you terminate your account, you are requesting the complete closure of your account, including the removal of your access to the Service and the handling of your personal information as described in this section.

Subscription cancellation is typically appropriate if you wish to stop using the Service temporarily or if you're uncertain about future use. Account termination is appropriate if you no longer wish to have any relationship with NeverGiveUp.

27.2 How to Terminate Your Account

To terminate your account with NeverGiveUp, you must:

1. Cancel Any Active Subscription: First, cancel any active subscription following the process described in Section 10.1.
2. Request Account Termination: After canceling your subscription, contact NeverGiveUp at [email protected] with the subject line "Account Termination Request."
3. Verify Your Identity: In your request, include your full name, email address associated with your account, and any other information that may help us verify your identity.
4. Specify Termination Reason: While optional, providing a reason for your account termination helps us improve our Service.
5. Confirm Termination Intent: Clearly state in your message that you wish to permanently terminate your account.

Upon receiving your account termination request, NeverGiveUp will send a confirmation email to verify your request. You must respond to this confirmation to proceed with account termination.

27.3 Termination Processing Time

After receiving your confirmed account termination request:

• NeverGiveUp will process your account termination request within 30 days
• You will receive a confirmation email when your account termination has been completed
• During the processing period, your account may be marked as "pending termination" but will remain inaccessible to you

In some jurisdictions, applicable laws may require faster processing of account termination requests, in which case we will comply with those legal requirements.

27.4 Effects of Account Termination

When you terminate your account:

• Your access to the Service, including your Dashboard and coaching communications, will be permanently disabled
• Your coach will be notified that you have terminated your account
• Any active subscription will be canceled if you haven't already done so
• Your personal information will be handled as described in Section 27.5 below
• You will no longer receive any communications from NeverGiveUp, except those related to your account termination or as required by law
• Your coach relationship will be permanently ended

Account termination is permanent. If you wish to use the Service again after terminating your account, you will need to create a new account, and we cannot guarantee the restoration of any previous data or coach relationships.

27.5 Data Retention and Deletion

Following your account termination:

• Personal Information: Your personal information will be deleted or anonymized in accordance with our Privacy Policy, except as noted below.
• Retained Information: We may retain certain information as required for:
  • Legal compliance and regulatory requirements
  • Financial record-keeping purposes
  • Fraud prevention and security purposes
  • Legitimate business interests, such as analytics in an anonymized form
• Backup Systems: Your information may persist in our backup systems for a limited period but will not be available for normal business operations.
• Messaging Platform Data: Messages exchanged through third-party messaging platforms (iMessage or WhatsApp) are subject to the data retention policies of those platforms and may persist on those platforms after your NeverGiveUp account termination.

For more detailed information about data retention and deletion practices, please refer to our Privacy Policy.

27.6 No Refunds for Account Termination

Account termination does not entitle you to a refund of any subscription fees already paid. As described in Section 11 (Refund Policy), subscriptions are generally non-refundable. If you terminate your account in the middle of a billing period, you will not receive a prorated refund for the unused portion of that period unless required by applicable law.

27.7 Outstanding Obligations

Account termination does not relieve you of any obligations that accrued prior to termination, including:

• Payment obligations for services received prior to termination
• Compliance with applicable provisions of these Terms that survive termination
• Any liabilities that arose prior to account termination

27.8 Survival of Terms

Certain provisions of these Terms will survive the termination of your account, including but not limited to:

• Ownership provisions related to content and intellectual property
• Limitations of liability and disclaimers
• Indemnification obligations
• Dispute resolution provisions
• Any other provisions that by their nature should survive termination

27.9 Termination Due to Inactivity

In addition to user-initiated termination, NeverGiveUp may terminate inactive accounts as follows:

• Accounts without an active subscription that have been inactive for more than 24 months may be subject to automatic termination
• We will attempt to notify you at the email address associated with your account before terminating your account due to inactivity
• If you respond to this notification and indicate that you wish to keep your account, it will not be terminated for inactivity at that time

By using our Service, you acknowledge and agree to these account termination terms. If you have any questions about account termination, please contact us at [email protected].

This section limits NeverGiveUp's liability to you under these Terms and in connection with your use of the Service. It is important to understand these limitations as they affect your legal rights.

28.1 Disclaimer of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEVERGIVEUP, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, COACHES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT DAMAGES
• INCIDENTAL DAMAGES
• SPECIAL DAMAGES
• CONSEQUENTIAL DAMAGES
• EXEMPLARY DAMAGES
• PUNITIVE DAMAGES
• LOSS OF PROFITS
• LOSS OF REVENUE
• LOSS OF DATA
• LOSS OF USE
• LOSS OF GOODWILL
• LOSS OF BUSINESS OPPORTUNITY
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
• COST OF COVER

HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF NEVERGIVEUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

28.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NEVERGIVEUP, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, COACHES, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO NEVERGIVEUP FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00) IF NO SUCH PAYMENT HAS BEEN MADE.

28.3 Exclusions

The limitations of liability in this section apply to all claims, whether based on warranty, contract, statute, tort (including negligence), strict liability, or any other legal theory, whether or not NeverGiveUp has been informed of the possibility of such damage, and even if a remedy provided herein is found to have failed of its essential purpose.

28.4 Essential Purpose

You acknowledge and agree that NeverGiveUp has offered the Service and set the prices and entered into these Terms in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and NeverGiveUp, and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and NeverGiveUp. NeverGiveUp would not be able to provide the Service to you on an economically reasonable basis without these limitations.

28.5 Exclusions to Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain other types of damages, so some of the above limitations may not apply to you. In such jurisdictions, NeverGiveUp's liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes or limits NeverGiveUp's liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by applicable law

28.6 User Content and Actions

NeverGiveUp is not responsible or liable for:

• Any User Content, including any errors or omissions in any User Content, or any loss or damage incurred as a result of the use of any User Content
• Any actions you take based on coaching interactions, including any changes to your health, fitness, diet, or lifestyle
• Any decisions you make or actions you take in reliance on information or guidance provided through the Service
• Any harm or damage resulting from your implementation of suggestions, guidance, or information provided through the Service

28.7 Third-Party Services

NeverGiveUp is not responsible or liable for:

• The availability, content, or security of any third-party services, including messaging platforms used for coaching communications
• Any loss or damage resulting from your use of or reliance on any third-party services
• Any interactions between you and any third parties through or in connection with the Service
• Any failures, disruptions, or security breaches of third-party services

28.8 Technical Issues

NeverGiveUp is not responsible or liable for:

• Service interruptions, delays, or failures as described in Section 25 (Service Interruptions)
• Any loss of data or content due to technical issues, including server failures, data transmission failures, or data storage failures
• Any harm resulting from downloading or accessing content through the Service
• Any issues with your device, internet connection, or messaging platforms that may affect your access to or use of the Service

28.9 Basis of the Bargain

You acknowledge that NeverGiveUp has offered its Service and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and NeverGiveUp, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and NeverGiveUp.

By using our Service, you acknowledge and agree to these limitations of liability. If you do not agree with these limitations, you should not use the Service.

This section outlines your obligation to defend and hold harmless NeverGiveUp from certain claims, liabilities, damages, and expenses. It is important to understand these indemnification obligations as they represent a significant legal commitment on your part.

29.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless NeverGiveUp, its affiliates, and their respective officers, directors, employees, agents, coaches, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and legal costs) that such parties may incur as a result of or arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content
• Your conduct in connection with the Service
• Any misrepresentation made by you

This indemnification obligation includes, but is not limited to, claims alleging defamation, libel, slander, copyright or trademark infringement, invasion of privacy, or violation of any other intellectual property or personal rights.

29.2 Defense Obligation

As part of your indemnification obligation, you agree to provide a proper and robust defense for the Indemnified Parties. This means that:

• You will cooperate fully with the Indemnified Parties in the defense of any claim
• You will not settle any claim without the prior written consent of NeverGiveUp
• NeverGiveUp reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you
• In such cases, you agree to cooperate with NeverGiveUp's defense of these claims

29.3 Scope of Indemnification

Your indemnification obligations apply to claims brought by:

• Other users of the Service
• Third parties who interact with your User Content
• Third parties whose rights may be violated by your use of the Service
• Governmental or regulatory bodies
• Any other person or entity claiming damages or harm related to your use of the Service or violation of these Terms

29.4 Notification of Claims

NeverGiveUp will make reasonable efforts to notify you promptly of any claim, action, or proceeding for which it seeks indemnification. However, NeverGiveUp's failure to provide timely notice will not release you from your indemnification obligations except to the extent you are materially prejudiced by such failure.

29.5 Costs and Expenses

Your indemnification obligation includes payment of:

• All reasonable attorneys' fees and legal costs
• Court costs and litigation expenses
• Settlement amounts approved by you or determined by a court
• Damages awarded by a court or agreed upon in a settlement
• Other reasonable expenses incurred by the Indemnified Parties in connection with the claim

29.6 Limitation on Indemnification

Your indemnification obligations do not apply to claims, liabilities, damages, losses, costs, expenses, or fees that arise solely from:

30.2 Service Reliability

NEVERGIVEUP DOES NOT WARRANT THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED
• THE SERVICE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• COMMUNICATIONS TO OR FROM THE SERVICE WILL BE SECURE AND/OR NOT INTERCEPTED

30.3 Coaching Effectiveness

NEVERGIVEUP DOES NOT WARRANT OR GUARANTEE:

• THAT THE COACHING SERVICES WILL BE EFFECTIVE FOR YOU
• THAT YOU WILL ACHIEVE ANY SPECIFIC RESULTS FROM USING THE SERVICE
• THAT YOU WILL FORM NEW HABITS, BREAK OLD HABITS, OR ACHIEVE YOUR PERSONAL GOALS
• THAT YOUR COACH WILL BE COMPATIBLE WITH YOUR PERSONALITY, COMMUNICATION STYLE, OR NEEDS
• THAT THE COACHING METHODOLOGY WILL WORK FOR YOUR SPECIFIC SITUATION
• ANY PARTICULAR TIMELINE FOR SEEING RESULTS OR CHANGES

PLEASE REFER TO SECTION 21 (TESTIMONIALS AND RESULTS DISCLAIMER) FOR ADDITIONAL INFORMATION REGARDING POTENTIAL RESULTS.

30.4 Third-Party Services

NEVERGIVEUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT:

• THIRD-PARTY MESSAGING PLATFORMS USED FOR COACHING COMMUNICATIONS
• THIRD-PARTY PAYMENT PROCESSORS
• THIRD-PARTY WEBSITES, APPLICATIONS, OR SERVICES LINKED TO OR FROM THE SERVICE
• THE QUALITY, FUNCTIONALITY, OR SECURITY OF THIRD-PARTY SERVICES
• THE CONTINUED AVAILABILITY OF THIRD-PARTY SERVICES

YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SERVICES.

30.5 User Content

NEVERGIVEUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING:

• THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF USER CONTENT
• THAT USER CONTENT WILL BE SECURE OR NOT INTERCEPTED DURING TRANSMISSION
• THAT USER CONTENT WILL BE STORED SECURELY OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
• THAT ANY ERRORS OR DEFECTS IN USER CONTENT WILL BE CORRECTED
• THAT USER CONTENT WILL BE BACKED UP OR RECOVERABLE IN THE EVENT OF DATA LOSS

30.6 Professional Advice

AS DETAILED IN SECTIONS 22 (MEDICAL DISCLAIMER) AND 23 (PROFESSIONAL ADVICE DISCLAIMER), NEVERGIVEUP EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING:

• THE PROVISION OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT
• THE PROVISION OF MENTAL HEALTH SERVICES OR THERAPY
• THE PROVISION OF LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE
• THE ACCURACY OR APPROPRIATENESS OF ANY INFORMATION RELATED TO HEALTH, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL MATTERS THAT MAY BE DISCUSSED DURING COACHING INTERACTIONS

30.7 Security

NEVERGIVEUP DOES NOT WARRANT THAT:

• THE SERVICE WILL BE FREE FROM UNAUTHORIZED ACCESS OR HACKING
• YOUR PERSONAL INFORMATION WILL NEVER BE ACCESSED OR DISCLOSED THROUGH A BREACH
• THE SECURITY MEASURES WE USE WILL BE SUFFICIENT TO PROTECT YOUR INFORMATION
• THIRD-PARTY MESSAGING PLATFORMS USED FOR COACHING COMMUNICATIONS ARE SECURE

WHILE WE IMPLEMENT REASONABLE SECURITY MEASURES, NO SECURITY SYSTEM IS IMPENETRABLE.

30.8 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

30.9 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT NEVERGIVEUP HAS OFFERED ITS SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NEVERGIVEUP, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NEVERGIVEUP.

By using our Service, you acknowledge and agree to these disclaimers of warranties. If you do not agree with these disclaimers, you should not use the Service.

This section contains important legal provisions that govern the interpretation and enforcement of these Terms, how disputes will be resolved, and other final matters related to your agreement with NeverGiveUp.

31.1 Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, you and NeverGiveUp shall use best efforts to settle the dispute, claim, question, or disagreement. To this effect, you and NeverGiveUp shall consult and negotiate with each other in good faith and, recognizing mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

If you and NeverGiveUp do not reach such solution within a period of 60 days, then upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.

The arbitration will be conducted in the English language, by a single arbitrator, in Delaware, unless you and NeverGiveUp agree otherwise. The arbitrator shall be selected by mutual agreement of you and NeverGiveUp. If you and NeverGiveUp cannot agree on an arbitrator, the arbitrator shall be selected by the American Arbitration Association.

The arbitrator will decide the dispute in accordance with the substantive law of the State of Delaware, without giving effect to its choice of law rules. The arbitrator shall provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award.

The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable within the scope of these Terms, including, but not limited to, specific performance of a contract. The arbitrator shall not have the power to award punitive or exemplary damages, or any damages excluded by, or in excess of, any limitation of liability contained in these Terms.

The arbitrator's award shall be final and binding on all parties. The parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it shall not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.

You and NeverGiveUp agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or NeverGiveUp's intellectual property rights; (2) any claim for injunctive relief; and (3) any claim related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.

YOU AND NEVERGIVEUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NeverGiveUp agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

31.2 Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or cause of action arising out of or related to the Service or these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.

31.3 Changes to Terms

NeverGiveUp reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

We will provide notification of changes to these Terms through one or more of the following methods:

• Email notification to the email address associated with your account
• Prominent notice on our website
• Notification through your Dashboard
• Message from your coach

31.4 Contact Information

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

NeverGiveUp
Email: [email protected]

31.5 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

If any provision cannot be modified to be enforceable, such provision shall be severed from these Terms, and all other provisions shall remain in full force and effect. In such case, these Terms shall be interpreted to achieve the intentions of the parties to the greatest extent possible.

31.6 Waiver

The failure of NeverGiveUp to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NeverGiveUp. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.

31.7 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without NeverGiveUp's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect.

NeverGiveUp may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

31.8 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or documents that may be published from time to time on the Service, shall constitute the entire agreement between you and NeverGiveUp concerning the Service.

These Terms supersede all prior terms, agreements, discussions and writings regarding the Service, and constitute the entire agreement between you and NeverGiveUp regarding the Service. No terms, provisions or conditions of any purchase order, acknowledgement, or other business form that you may use in connection with the Service will have any effect on the rights, duties, or obligations of the parties under, or otherwise modify, these Terms.

31.9 Interpretation

The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

31.10 Notices

Any notices or other communications provided by NeverGiveUp under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

31.11 Electronic Communications

By using the Service, you consent to receiving electronic communications from NeverGiveUp. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

31.12 Force Majeure

In addition to the provisions of Section 25.5, neither party shall be liable to the other for any delay or failure in performance under these Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

31.13 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and NeverGiveUp.

31.14 Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by emailing us at [email protected]. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

31.15 Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY NEVERGIVEUP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.