Scouty Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Scouty (referred to as "Scouty," the "Company," "we," or "us"). These Terms, along with any policies or documents we reference and incorporate (such as our Privacy Policy), govern your access to and use of the Scouty website, platform, and related services (collectively, the "Platform"). By accessing or using the Platform, whether as a coach, client, or visitor, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use Scouty.

This Platform is offered and available to users who are at least 16 years old (or the age of majority in your jurisdiction). By using Scouty, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization or another person, you also represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity. If you do not meet these requirements or do not agree with these Terms, you must not access or use the Platform.

Scouty may update or modify these Terms from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding upon you.

Scouty provides an online marketplace that connects independent health and fitness coaches ("Coaches") with individuals seeking training and wellness services ("Clients"). The Platform enables Coaches to create profiles, list the training services or programs and plans they offer, set their own prices and availability, communicate with Clients and facilitate the coaching relationship. Clients can browse Coach profiles, send messages or inquiries, book and purchase training sessions, plans and programmes and manage and track their training with their coaches through the Platform's interface.

To use many features of Scouty, both Coaches and Clients must register for an account (see Account Registration below). Clients can use the Platform at no charge from Scouty – there is no fee to sign up or browse. However, to send messages or book a session with a Coach, a Client is required to create an account and agree to these Terms. Coaches are required to purchase a subscription plan or sign up to a temporary free trial to use the Platform's tools and to be listed and discoverable by Clients (see Coach Subscription Plans section). Scouty offers multiple subscription tiers for Coaches, as described later in these Terms.

Scouty's role is solely to facilitate the connection and transactions between Coaches and Clients. Scouty is not a party to any contract for services established between a Coach and a Client. Coaches are independent providers, not employees or agents of Scouty, and are responsible for the services they provide. We do not guarantee the availability, suitability, or quality of any Coach or training service. Any agreements, payments, and arrangements for training sessions are strictly between the Coach and the Client. Scouty does not direct or control the Coaches' work or the content of the training services, and we disclaim any liability for the actions, omissions, or advice of any Coach (see Health and Fitness Disclaimer and Limitation of Liability sections below for more details).

All users agree to use the Platform in compliance with these Terms and all applicable laws. The Platform's features (such as search, messaging, scheduling, and payment processing) are provided to facilitate convenient interactions, but Scouty cannot guarantee that every communication or booking will result in a completed training session. Scouty reserves the right to modify or discontinue any aspect of the Platform (subject to applicable notice requirements) and to refuse or terminate accounts as needed to enforce these Terms (see Monitoring and Enforcement; Termination section).

To fully access the Scouty Platform as a Coach or Client, you must create an account and provide certain information. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate and current. You are responsible for maintaining the confidentiality of your account login credentials, and for all activities that occur under your account. You must notify Scouty immediately of any unauthorised use of your account or any other breach of security.

You may not share your account with anyone else or use another person's account without permission. Scouty may, in its sole discretion, refuse to register an account or suspend/terminate any account that violates these Terms or is used inappropriately. You are responsible for all use of the Platform under your account, whether authorised by you or not. Scouty will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Coaches are required to maintain an active paid subscription to offer services on Scouty unless they are on a temporary free trail. Scouty offers subscription tiers (with varying features and limits) on either a monthly or annual plan. The specific features of each tier and pricing are provided during sign-up and on our website. By registering as a Coach and subscribing, you agree to all Scouty terms, including:

Free Trial (if applicable): Scouty may offer new Coaches a free trial period for the subscription service (e.g., 14 days). The duration and terms of any free trial will be specified at the time you sign up. If you do not cancel your subscription before the trial ends, your account will automatically convert to a paid subscription and your provided payment method will be charged the subscription fee. Free trials are limited to one per Coach (unless otherwise permitted by Scouty); if you attempt to abuse free trial offers, Scouty may terminate the trial or your account.

Billing Cycles (Monthly or Annual): You may choose to be billed on a monthly basis or an annual basis for your Coach subscription. For monthly subscriptions, the subscription fee is charged upfront on the first day of each monthly billing period (the subscription start date or renewal date) and covers the next month of access. For annual subscriptions, the fee is charged upfront once per year on the renewal date, covering the next 12 months of access.

Auto-Renewal: Subscriptions will automatically renew at the end of each billing cycle (monthly or yearly) unless you cancel your subscription before the next renewal date. By subscribing, you authorise Scouty (or its third-party payment processor) to automatically charge the applicable subscription fee to your saved payment method at the time of renewal. Renewals will be charged at the then-current standard rate for your subscription tier. If the subscription price has increased, we will endeavor to notify you in advance, but it is the responsibility of the payer to review the Scouty platform regularly for this information (see "Fee Changes" below).

No Refunds: All subscription fees are non-refundable. Once a charge is processed for a billing period (month or year), you will not be refunded for that period even if you decide to cancel or downgrade before the end of the period. For example, if you cancel your annual subscription partway through the year, you will retain access for the remainder of the paid year, but you will not receive a pro-rated refund for the unused months.

Cancellation of Subscription: You may cancel your Coach subscription at any time through your account settings. Cancellation will prevent future auto-renewal, and you will continue to have access to Coach features until the end of your current paid billing period. After that, your Coach account will be deactivated and you will no longer be listed as a Coach on the Platform. No refunds will be provided for the remaining period in which you canceled. Scouty reserves the right to offer pro-rated refunds or credits in specific extraordinary circumstances at its sole discretion, but this does not obligate us to provide any refund.

Payment Methods and Authorisation: You must provide a valid payment method (such as a credit or debit card) when subscribing. You represent and warrant that you are authorised to use the payment method provided and that all payment information is accurate. By providing your payment details, you authorise Scouty and our payment processor (e.g., Stripe) to charge your payment method for the subscription fees on an ongoing basis until you cancel, including any auto-renewals. All transaction fees associated with the use of a payment processor (e.g. Stripe) are paid for by the person submitting the payment. If your payment method expires or is declined, it is your responsibility to provide a new eligible payment method promptly.

Failed Payments; Grace Period: If a subscription payment fails (e.g., due to an expired card or insufficient funds), Scouty will notify you (e.g., via email or in-app notification). We may retry the charge within a short grace period (for example, five business days). During this grace period, we may suspend or downgrade some or all of your Coach account features until payment is successfully processed. If payment is not made within the five business day grace period, Scouty reserves the right to suspend or terminate your Coach access or downgrade your account. You will not be able to accept new bookings or interact as a Coach on the Platform during a suspension for non-payment. Scouty may also, at its discretion, allow you to rectify the failed payment and resume service, but the original renewal date remains the same for future billing.

Fee Changes: Scouty may modify the subscription fees or introduce new fees for Coaches at any time. Any change in pricing will be communicated to you with reasonable advance notice (for example, by email or a notice on your dashboard). It is the Coaches responsibility to regularly check payment fees and terms through the Scouty platform. The new fees will apply to the next billing cycle after the notice period. If you do not agree to a fee change, you may cancel your subscription before the new pricing takes effect. If you continue to use the Coach subscription after the price change, you will be deemed to have accepted the new fees.

Taxes: All subscription fees are stated exclusive of any taxes (unless otherwise indicated). You are responsible for any sales, value-added, goods and services, or other taxes or duties applicable to your subscription or use of the Platform, other than taxes on Scouty's income. If Scouty is required to collect any taxes, those will be added to your billing amount.

Scouty reserves the right to discontinue or change the subscription plans (including the features of any tier) at any time. In the event we discontinue a plan or make material changes to it, we will provide affected subscribers with appropriate notice and an opportunity to cancel if they do not agree to the changes.

Using Scouty as a Client is free of charge. Clients can create an account, browse the Platform, and communicate with Coaches without any subscription fee to Scouty. Any fees for training sessions or programs are set by the Coach and are paid by the Client directly to the Coach (typically via the Platform's payment processor, as described in the Payment section below). Scouty does not charge Clients for using the Platform, apart from facilitating the payments to Coaches as a service provider.

By registering as a Client, you are granted a limited, personal, non-exclusive, non-transferable, and revocable license to use the Scouty Platform solely for the purpose of finding, communicating with, training, tracking progress and metrics for training, to health, nutrition and wellness, receiving and interacting with training plans, and booking Coaches for training or wellness services. You agree to use the Platform only for your personal, non-commercial needs (or, if you are booking on behalf of another individual, such as your minor child or someone you are responsible for, for their personal needs). You may not resell or make commercial use of the Platform or any content on it beyond using it to obtain services from Coaches as intended.

Any agreement you enter into for coaching or training services is solely between you and the Coach. Scouty is not a party to those agreements and is not responsible for the performance of either party under such agreements. This means that any payments you make for a Coach's services, any scheduling or cancellation arrangements, and the fulfillment of any training sessions, plans, programmes or products are matters strictly between you and the Coach. Scouty simply provides the tools to facilitate the connection and payment. We do not oversee, direct, or guarantee any aspect of the services a Coach provides.

While we may implement certain platform features to help facilitate smooth transactions (such as the payment system and cancellation/refund tools described in these Terms), you acknowledge that Scouty has no control over and makes no representations regarding the quality, accuracy, safety, or legality of the coaching services provided, or the truth or accuracy of any Coach's listings or credentials. Scouty does not guarantee any results from the training or health advice you receive from a Coach. Any issues or disputes that arise between a Client and a Coach must be resolved by those parties. Scouty may, at its discretion, try to assist in mediating disputes if contacted, but we have no obligation to do so and will not be liable for the outcome.

Clients also agree to abide by all other provisions of these Terms, including the Health and Fitness Disclaimer, Prohibited Uses, and Limitation of Liability sections. If you as a Client violate these Terms (for example, by engaging in prohibited conduct on the Platform), Scouty may terminate or suspend your access just as with any other user.

In summary, as a Client you can enjoy the use of Scouty's Platform free of charge, but you use the services of Coaches at your own risk. You should make sure any Coach you engage is suitable for your needs, and you should stop training and consult a medical professional if you experience pain, illness, or any unexpected issues (see Health and Fitness Disclaimer below).

Scouty uses a third-party payment processor (currently Stripe) to facilitate payments between Clients and Coaches. When a Client pays for a training session or program through the Platform, the payment information is collected and processed securely by Stripe. Scouty does not personally collect or store your credit card details; such financial information is handled by Stripe in accordance with their security protocols. By using Scouty's payment features, you agree to abide by Stripe's terms of service and policies in addition to these Terms. (Stripe's services agreement can be found on their website, e.g., at https://stripe.com) Scouty is not responsible for any errors, security breaches, or performance issues caused by the payment processor. However, we will use commercially reasonable efforts to facilitate and help resolve payment processing issues that arise in connection with using our Platform.

No Commissions or Agency: Scouty does not take a commission or percentage fee from the payments that Clients make to Coaches through the Platform. The full session or program fee set by the Coach is passed through to the Coach (minus any standard transaction fees charged by Stripe or the payment processor). Scouty's revenue comes from Coach subscription fees, not from individual Client-Coach transactions. Scouty is not an agent of either the Client or the Coach in the payment process; we simply provide the technical means to process the payment on the Coach's behalf. By making a payment through Scouty, the Client is authorising the charge to go to the Coach for the services requested, and the Coach is authorising Scouty to facilitate that transaction via Stripe.

Payment Authorisation: When a Client enters payment details to book a service, the Client authorises Stripe (on behalf of the Coach) to charge the listed amount to the provided payment method. Payment is generally charged at the time of booking in order to secure the appointment (unless explicitly stated otherwise for a particular service). A booking is not confirmed until the Client's payment is successfully processed. Coaches agree that by accepting a booking, they are entering into a contract directly with the Client for the provision of those services, and that Scouty is not a party to that contract. Any payment disputes or chargebacks will be handled in accordance with Stripe's procedures and the card issuer's rules; Scouty is not liable for chargebacks or unpaid amounts. Coaches assume the risk of any Client payment reversals outside of the Platform's stated refund policy.

Financial Arrangement Disclaimer: All financial transactions conducted via the Scouty Platform are strictly between the Client and the Coach. Scouty disclaims any responsibility or liability for the financial arrangements between users. We do not guarantee that a Coach will receive payment for their services, nor do we guarantee that a Client will receive a refund in any scenario except as explicitly provided in these Terms (see Cancellation and Refund Policy below). Any promises regarding refunds, satisfaction guarantees, or other financial matters made by a Coach to a Client are the responsibility of that Coach, not Scouty.

If you have an issue with a payment (for example, you believe you were charged incorrectly or did not receive a service you paid for), you should address it with the other party (Coach or Client) and you may also contact Scouty support for assistance. We may, at our discretion, facilitate communication or provide information to help resolve the dispute, but we are not liable for providing any refund or compensation beyond what is described in these Terms. Any refunds that are issued through the Platform (for example, due to a qualifying cancellation under the Cancellation Policy) will be processed via the payment processor back to the original payment method when possible.

Both Coaches and Clients agree to cooperate with Scouty and Stripe to resolve any payment disputes or issues. This may include providing documentation or information about a transaction if requested. Failure to cooperate in good faith with payment issue resolution may result in account suspension.

Scheduling a training session or program with a Coach on Scouty is a commitment for both the Client and the Coach. We understand that sometimes plans change. Scouty has established the following standard cancellation policy for all one-on-one sessions and similar bookings:

Client Cancellations (48 Hours Policy): If you (the Client) need to cancel a session, you must do so at least 48 hours before the scheduled start time to be eligible for a full refund of the session fee. Cancellations made through the Platform's cancellation feature (or in writing to the Coach with confirmation) at least 48 hours in advance will result in the session fee being refunded in full to the Client's original payment method. The refund will be processed via the payment processor and may take several business days to appear, depending on your bank or card issuer.

If a Client cancels a session less than 48 hours before the scheduled start time, the Coach is entitled to charge the full session fee. In such cases (late cancellations or no-shows by the Client), no refund will be provided to the Client. The Coach will receive the payment for that session as if it had occurred. This policy is in place because Coaches set aside time and may be unable to rebook that slot on short notice.

Coach Cancellations: If a Coach cancels a session at any time before or during the scheduled session, or if a Coach fails to show up for the session, the Client will receive a full refund of the session fee. Coaches are not paid for sessions they cancel or do not deliver. Scouty may facilitate this refund automatically when a Coach cancels through the Platform. If you are a Client and a Coach cancels on you, you may also have the option to reschedule the session with the Coach or you must coordinate with the Coach to refund you. Scouty takes no responsibility for Coaching refundings, this is managed directly between the Client and Coach. Repeated last-minute cancellations or failure by the Coach to show up may result in consequences for that Coach's account (per Scouty's enforcement rights).

Rescheduling: Scouty currently treats rescheduling a session as a cancellation and new booking. If you wish to reschedule within 48 hours of the session start, it will typically fall under the late cancellation rule (meaning the original booking would not be refunded unless the Coach agrees to waive the policy for you). If you reschedule more than 48 hours in advance, the original session can be canceled with full refund and a new booking can be made. We recommend communicating with your Coach if you need to make changes to a scheduled session. Coaches may, at their own discretion, choose to accommodate a late reschedule or offer a makeup session without additional charge, but this is a private arrangement between you and the Coach and is not guaranteed or enforced by Scouty.

How to Cancel: To cancel a booking, use the designated cancellation feature on the Platform, or contact your Coach directly through the Platform's messaging system and request a cancellation. Cancellations are timestamped. The Platform's system will determine whether the cancellation is within the allowed refund window (48+ hours) or not. If you encounter any issues in cancelling a session, contact Scouty support as soon as possible.

Refund Processing: When a cancellation qualifies for a refund under this policy, Scouty (via Stripe) will initiate the refund to the Client's payment card. It may take 5-10 business days (or as per Stripe/bank timelines) for the refund to be fully processed back to your account. If you do not receive a refund within a reasonable time after a qualifying cancellation, please contact support.

No Refunds in Other Cases: Except as expressly provided in this Cancellation Policy or otherwise required by law, Scouty is not obligated to provide refunds for any other situations. For instance, if a Client is dissatisfied with a completed session or program, or if the Client forgets about a session, or if the Coach doesn't show up for a session, those are not covered by an automatic refund policy. However, Clients and Coaches are free to negotiate a resolution between themselves (for example, a Coach may voluntarily offer a partial refund or a free extra session in case of dissatisfaction, but that is at the Coach's discretion).

This Cancellation Policy applies generally to all bookings. Coaches offering extended multi-session packages or long-term programs may have additional terms for cancellations which should be communicated to the Client before purchase. In the absence of any specific agreement to the contrary, the 48-hour rule will apply to each session in a package individually.

By booking a service on Scouty, both Clients and Coaches agree to honor this cancellation policy. Scouty may update this cancellation policy from time to time, but any changes will not apply retroactively to existing bookings without notice.

Using the Scouty Platform involves engaging in health, fitness, nutritional, sporting, physical or wellness activities which can pose risks. Scouty is not a healthcare or medical provider, and neither Scouty nor any content on the Platform (including postings by Coaches) is intended to be taken as medical advice. The Coaches available through Scouty are independent professionals whose expertise and qualifications vary; they are not employees of Scouty, and any guidance they provide is their own. Please read the following disclaimers carefully:

No Medical Advice or Doctor-Patient Relationship: Scouty does not engage in the practice of medicine or provide medical advice. Nothing on the Platform, whether provided by Scouty or by any Coach, should be interpreted as medical advice, diagnosis, or treatment. The information and content available through Scouty are for general fitness and wellness purposes only. No doctor-patient (or other healthcare provider-patient) relationship is created between you and Scouty or between you and Coaches through your use of the Platform. Even if a Coach happens to have professional healthcare credentials, the Coach is not providing healthcare services via Scouty, and Scouty does not verify or guarantee any medical or health qualifications of Coaches.

Consult Your Physician: Before starting any new fitness program, exercise routine, diet plan, or wellness regimen, you should consult with a qualified physician or healthcare provider. If you have or suspect you have any medical condition or injury (such as heart disease, high blood pressure, diabetes, orthopedic conditions, or any other issue), or if you are pregnant, nursing, or elderly, you must seek medical clearance before following any training advice offered by a Coach on Scouty. Never disregard professional medical advice or delay seeking it because of something you read on Scouty or advice given by a Coach through the Platform.

For Informational Use Only – Not a Substitute for Professional Care: The workouts, nutritional suggestions, and other content provided by Coaches or by Scouty (if any) are not exhaustive or tailored to every individual. They may not take into account your personal medical history or conditions. Such content is not a substitute for personalised professional advice from your physician, physical therapist, dietitian, or other licensed practitioner. You understand that any reliance on such information is at your own risk and discretion.

Assumption of Risk: Engaging in exercise or wellness activities inherently carries some risk of injury, illness, or adverse effects. By using Scouty and participating in sessions with a Coach, you knowingly and voluntarily assume all risks associated with such activities. This includes, but is not limited to, the risk of bodily injury (e.g., muscle strains, sprains, tears, broken bones, heart attack, stroke), mental or emotional distress, or other health complications. It is your responsibility to exercise within your limits and to stop or seek help if you feel pain, dizziness, or other warning signs during a workout. You agree that Scouty and its Coaches are not responsible for any injuries or health problems you may experience.

No Guarantees of Results: Neither Scouty nor any Coach guarantees any specific outcomes or improvements to your fitness or health. Every individual's results will vary. Any testimonials or examples you may see on the Platform are not promises of what you will experience.

Limited Liability for Wellness Content: To the fullest extent permitted by law, Scouty will not be liable for any injuries, damages, or losses that you may sustain as a result of your use of any health or fitness recommendation obtained through the Platform. You agree that you use the Platform and follow any exercise or nutrition programs at your own discretion and risk. Scouty does not supervise or control the sessions that occur between Coaches and Clients, and as such we cannot be responsible for any action or omission of Coaches or the condition of any facility or equipment used by a Coach.

By using Scouty, you expressly acknowledge that Scouty is not providing medical advice or treatment, and you agree not to hold Scouty liable for any outcomes; injurious or otherwise that may result from your use of the Platform or from any advice or services provided by a Coach. If you experience any pain, illness, or injury during the course of any training program, stop immediately and consult a medical professional.

All content and materials on the Scouty Platform, including but not limited to the software, design, text, graphics, logos, images, video and audio content, and the selection and arrangement thereof (collectively, the "Platform Content"), are owned by Scouty or its licensors and are protected by copyright, trademark, and other intellectual property laws. Scouty (and its licensors) retain all rights, title, and interest in and to the Platform and Platform Content.

Scouty grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform and Platform Content for the sole purpose of using the services as permitted by these Terms. This means you may use the website/app interface and the information it provides for your personal use (if you are a Client) or for your business of providing coaching services (if you are a Coach), but you do not acquire any ownership or intellectual property rights in the Platform or any content provided by Scouty or other users. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, scrape, store, or transmit any of the Platform Content, except as permitted by these Terms or with Scouty's express written permission.

The name "Scouty", our logos, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Scouty or its affiliates. You are not permitted to use these marks without the prior written consent of Scouty. All other names, logos, or marks mentioned on the Platform (for example, the trademarks of Coaches or third-party tools) are the property of their respective owners and may not be used without permission.

If you download any software or mobile applications provided by Scouty, such software is licensed (not sold) to you by Scouty solely for the purpose of enabling you to use our services, subject to these Terms. You agree not to reverse engineer, decompile, or disassemble any software provided by Scouty, except to the extent allowed by law.

Scouty reserves all rights not expressly granted to you in these Terms. Any unauthorised use of the Platform or Platform Content may violate intellectual property laws and these Terms, and could result in termination of your rights to use the Platform.

The Scouty Platform may allow Coaches and Clients to create profiles, upload or submit content (such as photos, descriptions, workout plans, messages, reviews, comments, etc.), and otherwise communicate or make content available ("User Content"). You retain ownership of any intellectual property rights in the User Content that you create and submit on the Platform. However, by submitting or posting User Content on Scouty, you hereby grant Scouty a worldwide, royalty-free, sublicensable, non-exclusive license to use, reproduce, modify (for technical purposes, e.g., ensuring content displays correctly on various devices), display, distribute, and otherwise utilise your User Content in connection with operating, promoting, and improving the Platform and our services. This license continues even if you stop using Scouty, but it is limited to uses related to the operation of the Platform (for example, displaying your profile to potential Clients, showing your reviews to Coaches you've reviewed, etc.). We will not sell your User Content to third parties or use it outside of our service without your permission.

You understand that User Content you post may be visible to other users of the Platform (and if made public by you, possibly to others outside the Platform). You should not share any information in your User Content that you are not comfortable making public or that you do not have the right to share. Scouty is not responsible for controlling how other users might use or share your publicly posted User Content.

By posting any User Content, you represent and warrant that: (a) you have all necessary rights, licenses, or permissions to post the content and to grant Scouty the above license; (b) your User Content is accurate (to the best of your knowledge) and not misleading; and (c) your User Content, and Scouty's use of it as permitted by this Agreement, does not and will not infringe or violate any third-party's rights (including intellectual property, privacy, or publicity rights) or any law or regulation. You are solely responsible for your User Content. Scouty does not endorse any User Content, and we make no representations or warranties regarding any User Content's accuracy or legality.

No Compensation for User Content: Scouty is not obligated to provide you any compensation for the use of your User Content. If you believe you are owed a royalty or payment for content you post, you should not post it on Scouty.

Monitoring and Removal of Content: While Scouty is not responsible for User Content, we reserve the right (but do not assume the obligation) to monitor, screen, edit, or remove any User Content on the Platform at any time, for any reason, without notice, if we believe it violates these Terms or is otherwise objectionable. We may also terminate or suspend the account of any user who repeatedly violates the intellectual property or content rights of others (see Prohibited Uses and Monitoring and Enforcement sections). However, please understand that we do not review all User Content before it is posted and cannot ensure prompt removal of objectionable material after it has been posted.

Feedback: If you provide Scouty with any suggestions, ideas, enhancements, or other feedback about the Platform ("Feedback"), you agree that Scouty is free to use and implement such Feedback in any manner, without any obligation to you. Any Feedback you provide is entirely voluntary and will not be considered confidential or proprietary.

Copyright Infringement Policy: Scouty respects the intellectual property rights of others. If you believe that any content on our Platform infringes your copyright or other intellectual property rights, please notify us by contacting our designated agent at support@scouty.co.nz with details of the alleged infringement. We will respond to notices of claimed infringement in accordance with applicable law (such as the U.S. Digital Millennium Copyright Act (DMCA)) and may remove or disable access to content claimed to be infringing if appropriate.

You may use the Scouty Platform only for lawful purposes and in accordance with these Terms. You agree that you will NOT:

Violate Laws or Regulations: Use the Platform for any purpose that violates any applicable law or regulation. This includes, but is not limited to, laws concerning intellectual property, data privacy, export control, and health and safety regulations. You also agree not to use the Platform to commit fraud, engage in money laundering, or for any unlawful financial transactions.

Infringe Rights: Post or transmit any content that infringes or violates another party's intellectual property rights (copyright, trademark, trade secret, etc.) or privacy/publicity rights. This includes uploading materials (such as workout plans, images, or documents) that you do not have the right to use or share.

Exploit or Harm Anyone: Use the Platform in any manner that is harmful to others. You will not attempt to exploit or harm anyone by exposing them to inappropriate content, asking for personally identifiable information, or in any other way. If you are a Coach working with a minor Client, you must ensure you have appropriate parental consent and follow all applicable laws when training minors. Any Client testimonials or photos shared with Coaches can only be published as the express and written consent of the Client to the Coach. Scouty takes no responsibility for what content Coaches post on the Platform.

Post Prohibited Content: Post, upload, or share any content that is illegal, defamatory, libelous, harassing, threatening, hateful, abusive, vulgar, obscene, pornographic, sexually explicit, violent, or otherwise objectionable. This includes content that promotes violence, discrimination (based on race, gender, religion, nationality, disability, sexual orientation, or age), or any illegal activities or substances.

Harass or Impersonate: Harass, stalk, or bully other users. Impersonate or attempt to impersonate Scouty, a Scouty employee, another user, or any other person or entity. (This includes not using someone else's identity, photo, or credentials on your profile, and not falsely implying an affiliation with Scouty or any other person.)

Spam or Unwanted Solicitations: Use the Platform to transmit any unsolicited or unauthorised advertising or promotional material. This includes spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation. Coaches should not excessively solicit Clients with services outside the scope of what the Platform provides, and Clients should not use the Platform to solicit Coaches for unrelated business.

Interfere with Platform Operation: Engage in any conduct that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform. This includes introducing viruses, Trojan horses, worms, logic bombs, or other malware, or engaging in attacks such as denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks. You must not attempt to gain unauthorized access to the Platform, the server(s) on which it is hosted, or any system or database connected to the Platform.

This list of prohibited uses is not exhaustive. Any conduct that Scouty deems, in its sole discretion, to be abusive, illegal, or that could harm the reputation of Scouty or the safety of users, may result in suspension or termination of your access as described below.

Scouty reserves the right to take appropriate action to ensure the Platform is used properly and in accordance with these Terms. We have the right (but not the obligation) to:

Monitor Content and Behavior: Monitor or review any User Content or user behavior on the Platform at any time. We may remove or refuse to post any User Content for any or no reason in our sole discretion. We can also monitor communications on the Platform (while respecting privacy laws) if we believe there may be misuse. Note, however, that we do not guarantee we will review all content or catch all misconduct.

Investigate Violations: Investigate any suspected violations of these Terms or any activity that we think is unlawful or may expose us or our users to liability or harm. Scouty may cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or information of anyone posting content or engaging in behavior in violation of these Terms or law.

Enforce the Terms: Take any action we deem appropriate if we believe a user has violated the Terms or engaged in unlawful or improper conduct. This can include issuing warnings, removing content, suspending or terminating accounts or access, or pursuing legal action against users (including seeking injunctive relief).

Terminate or Suspend Accounts: Terminate or suspend your access to all or part of the Platform for any reason or no reason, including without limitation any violation of these Terms. Such termination or suspension may be immediate and without prior notice. We may also remove or refuse to create accounts if we determine an applicant is not suitable or has violated the Terms previously.

Take Legal Action: Disclose information about your use of the Platform to third parties (including law enforcement) or take legal action as we see fit if we believe it is necessary to enforce these Terms, respond to alleged illegal activity, or protect the rights, property, and safety of Scouty, its users, or the public.

By accepting these Terms, you waive and hold harmless Scouty and its affiliates from any claims resulting from any action taken by Scouty during or as a result of its investigations or from any actions taken as a consequence of investigations by either Scouty or law enforcement authorities.

Consequences of Termination: If your account is terminated or suspended, you may lose access to any content or data associated with your account. For Coaches, this may include any client information or training materials stored on the Platform (so please maintain your own backups). For Clients, this may include your communications or booking history. In the event of termination, whether by you or by us, the provisions of these Terms that by their nature should survive (such as provisions on intellectual property, fees owed, disclaimers, indemnities, and governing law) will remain in effect.

Your Right to Terminate: You are free to stop using Scouty at any time. If you wish to delete your account, you may do so by contacting us or using any account deletion functionality we provide. Keep in mind that if you are a Coach and you cancel your subscription or delete your account, clients who have booked with you will be notified and any upcoming sessions may be canceled. Also, even after you terminate your account, certain data may be retained in accordance with our Privacy Policy (for example, for legal compliance or record-keeping).

Scouty will not be liable to you or any third-party for the termination or suspension of your account or access to the Platform. If your account is terminated due to a violation of these Terms, you are not entitled to any refund of any fees you have paid (for example, subscription fees), and you may not create a new account without our permission.

Your use of the Scouty Platform is at your own risk. The Platform (including the website, mobile app, and all services and content provided through it) is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

To the fullest extent permitted by law, Scouty hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty or representation that the Platform will meet your requirements or expectations, that the Platform will be available on an uninterrupted, timely, secure, or error-free basis, or that the results that may be obtained from the use of the Platform (including any services provided by Coaches) will be accurate or reliable.

Scouty makes no warranty as to the quality or reliability of any Coaches, or as to the ability of any Client to pay for services, or that any scheduled sessions will actually occur. Any information or advice obtained through the Platform is for informational purposes only and not a guarantee of any outcome. You understand that we do not warrant the accuracy, completeness, or usefulness of any information provided on the Platform or by any Coach. Any reliance you place on such information is strictly at your own risk.

Technology and Security: While we strive to keep the Platform secure and functional, Scouty does not warrant that the Platform will be free of viruses, malware, or other harmful components, or that any defects will be corrected. You are responsible for implementing sufficient safeguards (like anti-virus software, data backups, and security measures) to satisfy your particular requirements for safety and reliability of data and devices used with the Platform.

No advice or information, whether oral or written, obtained by you from Scouty or through the Platform shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any statutory warranties that cannot be disclaimed shall be limited in duration to the minimum period permitted by law.

To the fullest extent permitted by law, in no event will Scouty or its affiliates, licensors, service providers, or its and their officers, directors, employees, or agents be liable for any indirect, special, incidental, consequential, or punitive damages. This includes, without limitation, damages for personal injury, pain and suffering, emotional distress, lost profits, lost business or anticipated savings, lost revenue, loss of data, loss of goodwill, service interruption, or lost opportunities, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable or if the Scouty Parties have been advised of the possibility of such damages.

Scouty's total liability for any claim arising out of or relating to these Terms or the use of (or inability to use) the Platform or any services obtained through the Platform, shall not exceed the greater of: (a) the total amount of fees (if any) you paid to Scouty in the twelve (12) months prior to the event giving rise to the liability; or (b) NZD $100.00 (one hundred NZ dollars). If applicable law does not allow the exclusion or limitation of certain damages, then the liability of Scouty will be limited to the maximum extent permitted by law.

The limitations above reflect the allocation of risk between the parties and shall apply even if any limited remedy fails of its essential purpose. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not fully apply to you. In such jurisdictions, Scouty's liability is limited to the fullest extent permitted by law.

Acknowledgement: You specifically acknowledge that Scouty is not liable for the defamatory, offensive, or illegal conduct of any third party (including Coaches or Clients), and that the risk of harm or damage from the foregoing rests entirely with you. Scouty is not liable for any content posted by users, or for any services provided by Coaches, and any claim arising from those is subject to the limitations of this section.

Unless otherwise required by the laws of your jurisdiction (such as certain consumer protection laws that may mandate the application of local law), these Terms and any dispute or claim arising out of or related to them (including any disputes or claims relating to your use of the Platform or services obtained through the Platform) shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of a different jurisdiction.

Jurisdiction and Venue: You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the courts of New Zealand. You consent to the exercise of personal jurisdiction by and venue in such courts, and waive any objections to the inconvenience of such forum. (If a specific venue is required, it will be the appropriate courts located in New Zealand, such as those in the city or region where Scouty is headquartered.)

However, nothing in this section limits Scouty's ability to seek injunctive relief or enforce judgments in any appropriate jurisdiction if necessary to protect our interests or intellectual property.

International Use: Scouty makes no representation that the Platform is appropriate or available for use in locations outside of the countries where we operate (including but not limited to: New Zealand, Australia, the UK, the US, etc.). If you choose to access the Platform from outside of New Zealand, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Consumer Rights and Local Law: If you are a consumer using the Platform in a jurisdiction that provides you with certain mandatory rights or protections under local law, nothing in this Governing Law and Jurisdiction section is intended to override those protections. For example, residents of some countries may be entitled to bring claims in their local courts under local law. This section will apply to the extent permitted by law, and does not limit any rights you may have that cannot be waived by contract.

These Terms of Service, together with any policies or documents expressly incorporated by reference (such as our Privacy Policy and any additional terms applicable to specific features), constitute the entire agreement between you and Scouty regarding the Platform. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. You agree that you have not relied on any promises or representations not contained in these Terms when using the Platform.

This Platform is operated by Scouty (the Company). If you have any questions, concerns, or notices regarding these Terms or the Platform, you can contact us at support@scouty.co.nz.

Notice to Scouty: Unless otherwise specified in these Terms, any legal notices or communications to Scouty should be sent in writing to our contact email above. We will communicate with you via the email address associated with your account or through the Platform, and you agree that such electronic communications satisfy any legal requirement that communications be in writing.

Thank you for reading these Terms of Service. By using Scouty, you acknowledge that you understand and agree to all of the above terms and conditions. We wish you success in your health and fitness journey on our Platform!