Terms of Service

1. The agreement and its parts

These Terms incorporate the following documents by reference. Together they form the entire agreement between you and LaunchSite OS, LLC for the platform:

• Acceptable Use Policy - what the platform may and may not be used for.
• Messaging and Outreach Terms - consent, opt-out, quiet hours, and recording rules for SMS, email, and connected inboxes. These apply to every coach who sends messages through the platform.
• Marketplace Seller Terms - these apply only if you list or buy templates in the marketplace.
• Our Privacy Policy and Consumer Health Data Privacy Policy, which describe how we handle personal information.
• The Wellness-Use Eligibility Attestation you accept in the app, which governs the HIPAA-scope representations in Section 7.

Where these Terms and a companion document conflict, these Terms control, except that the Messaging and Marketplace terms control on their own subject matter.

2. Who this agreement is with

• Coaches - the account holder who subscribes to the platform, and any team members they invite. If you accept these Terms for a business, you represent that you are authorised to bind it, and "you" means that business.
• Clients - people invited into a Coach's workspace. Clients use the platform under these Terms too, but the coaching relationship, its price, and its content are between the Client and their Coach. We are not a party to that relationship.
• Visitors - anyone who uses a public page, booking link, digital business card, or form a Coach publishes.

3. The service

LaunchSite OS is software that helps health and wellness coaches manage clients, programming, communication, scheduling, and their own business pipeline. It is a tool for coaches. It is not a medical device, it does not provide medical advice, and it does not practise medicine, dietetics, or any licensed profession.

Some capabilities are optional and only operate once you connect them: calendar and video accounts, messaging channels, wearable devices, payment accounts, and custom domains. Section 10 governs those.

4. Eligibility and accounts

• You must be at least 18 and able to form a binding contract.
• You are responsible for the accuracy of your account information and for safeguarding your credentials.
• You are responsible for all activity under your account, including activity by team members you invite.
• A team member's access follows the team owner's plan. Removing a team member ends their access.

5. Consent to electronic records and signatures

The platform delivers agreements, estimates, proposals, disclosures, and notices electronically, and lets you and your clients sign or accept them electronically. By using it you consent, under the federal E-SIGN Act and applicable state UETA laws, to receive those records electronically and to the use of electronic signatures. An electronic acceptance recorded by the platform has the same effect as a handwritten signature.

You may withdraw that consent for records we send you by writing to support@launchsite-os.com, but doing so may make the platform unusable. You can request a paper copy of any record we hold for you at the same address. Keeping a current email address is your responsibility.

6. Medical disclaimer

The platform, its content, and any AI-assisted suggestion are informational and educational only. They are not medical advice, diagnosis, or treatment, are not a substitute for professional medical judgment, and create no provider-patient relationship with us. Statements about supplements have not been evaluated by the FDA. Clients should consult a qualified healthcare provider before acting on anything produced through the platform, and should seek immediate care for any urgent concern. See our Medical Disclaimer.

7. Coach eligibility and responsibilities

• Wellness use only. LaunchSite OS is a wellness and coaching tool, not a medical service, and is not a HIPAA "covered entity" or "business associate." By using it you represent that you are not a HIPAA covered entity (or a business associate acting for one), and that you will not use the platform to carry out HIPAA-covered transactions (e.g. insurance billing) or to create, receive, or process Protected Health Information (PHI) on a covered entity's behalf. LaunchSite OS, LLC does not enter into Business Associate Agreements. If your use requires a BAA, the platform is not for you.
• Licensure and scope of practice. You are responsible for holding every licence, registration, and certification your jurisdiction requires, for practising within its scope, and for the professional and advertising rules that apply to you. You will refer prescriptions, diagnoses, and lab orders to a licensed physician.
• Consents. You are responsible for obtaining every consent and authorisation your clients' jurisdictions require before you collect, upload, record, or process their information through the platform, and for handling it consistent with applicable consumer-privacy and consumer-health-data laws.
• You are the controller. For information inside your workspace you decide the purposes and means of processing; we act as your service provider and process it on your documented instructions. See the Privacy Policy.
• Your content. You are solely responsible for the appropriateness, safety, and legality of the programs, protocols, supplements, nutrition, and guidance you create for clients, and for any claim you make about outcomes.
• Testimonials and endorsements. If you publish client testimonials, results, or endorsements through the platform, you are responsible for their truthfulness, for holding permission to use them, and for the disclosures the FTC Endorsement Guides require - including disclosing material connections and not presenting an atypical result as typical.

8. Client terms

If you are a Client using a workspace your Coach invited you into:

• Your Coach controls your records and decides how they are used. Direct requests to access, correct, export, or delete your information to your Coach first; we will help them fulfil it.
• Your coaching agreement, fees, refunds, and results are between you and your Coach. We do not supervise, endorse, or verify any Coach, their credentials, or their programming.
• Connecting a wearable, uploading a photo or lab, and enabling notifications are optional and can be turned off at any time.
• You may ask us to delete your account at /delete-account.

9. Acceptable use

Your use must comply with the Acceptable Use Policy. In summary: do not misuse the platform, do not access data you are not authorised to access, do not circumvent security or access controls, do not upload unlawful content, and do not reverse engineer, resell, or scrape the platform except as the law permits.

10. Third-party integrations

You may connect third-party services - among them calendar and file storage, video meetings, messaging and social inboxes, wearable devices, payment accounts, and domain registration. When you do:

• Your use of that service is governed by its own terms and privacy policy, not ours, and we are not responsible for it.
• You authorise us to access and exchange data with it as needed to provide the feature you enabled, within the permissions you granted.
• A provider may change, limit, or discontinue its API at any time. If that breaks a feature, we may modify or remove the feature, and that is not a breach of these Terms.
• You can disconnect at any time in the app; you may also need to revoke access at the provider.

The current list of providers that process data on our behalf is published at /privacy/subprocessors.

11. AI-assisted features

• AI features draft, summarise, and suggest using data from your own workspace. They are a drafting aid. You must review any output before you act on it or send it to a client, and you remain responsible for it.
• AI output can be wrong, incomplete, or out of date. We do not warrant its accuracy and it is never medical advice.
• Our AI providers are contractually prohibited from using your data to train or improve their models.
• AI usage is metered and subject to fair-use limits. We may throttle or suspend AI features that exceed the limits of your plan or that are used abusively.
• You will not present AI output to a client as a licensed professional's judgment, or use it to make a decision that requires one.

12. Fees, subscriptions, and automatic renewal

• Automatic renewal. Paid plans are billed in advance and renew automatically for successive terms at the then-current price until you cancel. Your billing period and price are shown at checkout and in your billing settings.
• Cancelling. You may cancel at any time from your billing settings, effective at the end of the current term. Cancelling stops future charges; it does not refund the current term.
• Refunds. Fees are non-refundable except where the law requires otherwise or we expressly state otherwise.
• Price changes. We may change pricing with prior notice, effective on your next billing cycle.
• Taxes. Fees exclude taxes. You are responsible for any tax other than tax on our net income.
• Failed payment. We may suspend access if a payment fails and is not cured after notice.
• Trials and codes. A free trial or access code converts to a paid subscription at the end of the trial unless you cancel first.

Payments to a Coach by their own clients, and marketplace payouts to sellers, are covered by the Marketplace Seller Terms. We are not a party to, and not responsible for, the transaction between a Coach and their client.

13. Your data and ours

• You own your content. You retain ownership of the content and client data you put into the platform. You grant LaunchSite OS, LLC a worldwide, non-exclusive, royalty-free licence to host, store, transmit, and process it solely to provide and secure the service for you, and to create de-identified and aggregated data that cannot reasonably be linked to any person, which we may use to operate and improve the platform.
• We own the platform. The software, brand, designs, and documentation are ours. These Terms grant you a limited, revocable, non-transferable right to use the platform during your subscription, and no other right.
• Feedback. If you send us suggestions, we may use them without restriction or obligation to you.
• Export. You can export your data from the app at any time while your account is active.

14. Copyright and takedowns

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act. Send notices to support@launchsite-os.com with the information 17 U.S.C. § 512(c)(3) requires: identification of the work, identification of the material and where it is, your contact details, a statement of good-faith belief, a statement of accuracy under penalty of perjury, and your signature. We will forward a valid notice, may remove the material, and will terminate repeat infringers. You may submit a counter-notice under § 512(g). Our designated agent's postal address is available at the same address.

15. Service availability, changes, and beta features

We work to keep the platform reliable but do not guarantee uninterrupted availability, and we do not commit to a service level unless we have signed one with you separately. We may modify, add, or discontinue features with reasonable notice where the change is material.

Features labelled beta, preview, early access, or incubator are provided as is, without any warranty or support commitment, may change or be withdrawn without notice, and should not be relied on for anything you cannot afford to lose.

16. Suspension and termination

You may cancel at any time. We may suspend or terminate access: for a breach of these Terms or the Acceptable Use Policy; to protect the platform, its users, or a third party; or if required by law. Where practicable we will give notice and an opportunity to cure.

On termination your right to use the platform ends. You may request an export of your data within 30 days of termination, after which it may be deleted in line with the retention periods in the Privacy Policy. Sections that by their nature should survive - ownership, disclaimers, liability, indemnity, dispute resolution - survive termination.

17. Mobile applications

• Your use of our iOS or Android application is also subject to the app store's terms. Where Apple's standard EULA applies, these Terms replace it to the extent permitted.
• Apple is not a party to these Terms, has no obligation to provide support or handle any claim relating to the app, and is a third-party beneficiary entitled to enforce them against you.
• Health data read from Apple Health is used only to provide the feature you enabled. It is never used for advertising, never sold, and never disclosed to a third party for their own purposes.
• You may delete your account from within the app or at /delete-account.

18. Disclaimers

The platform is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law. We do not warrant that the platform will be error-free or uninterrupted, that AI output will be accurate, or that any coaching outcome will be achieved. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

19. Limitation of liability

To the maximum extent permitted by law, LaunchSite OS, LLC will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, however caused and on any theory of liability, even if advised of the possibility.

Our total aggregate liability for all claims arising out of or relating to the platform will not exceed the greater of the amounts you paid us in the 12 months before the event giving rise to the claim, or one hundred US dollars ($100).

These limits apply to the fullest extent permitted by law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you, and nothing here limits liability that cannot lawfully be limited.

20. Indemnification

You agree to defend, indemnify, and hold harmless LaunchSite OS, LLC and its members, officers, and personnel from any claim, demand, loss, liability, and expense (including reasonable legal fees) arising out of or relating to: your use of the platform; your content, programming, or advice; your coaching relationships and any claim by your clients; your messaging, outreach, recording, or advertising; your representations in the Wellness-Use Eligibility Attestation; or your violation of these Terms, the Acceptable Use Policy, or any applicable law.

21. Dispute resolution, arbitration, and class waiver

Please read this section carefully. It affects how disputes between you and us are resolved, requires individual arbitration for most disputes, and waives your right to a jury trial and to participate in a class action. You may opt out.

21.1 Informal resolution first

Before starting arbitration, you agree to try to resolve the dispute informally: send a written description of the dispute and the relief you seek to support@launchsite-os.com, and give us 30 days to respond. We will do the same before starting a claim against you. This step is a condition of starting arbitration, and the limitation period is tolled while it runs.

21.2 Binding individual arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Rules where you are a business), rather than in court. The arbitrator decides all issues, except that a court decides the enforceability of Section 21.4. The arbitration will be conducted in English, by document submission or telephone/video where the AAA rules allow, or otherwise in Kentucky, USA. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this section.

21.3 What is excluded

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or to stop unauthorised access to the platform. Nothing in this section prevents you from reporting a matter to a government agency.

21.4 Class action and jury waiver

Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may award relief only to the individual party seeking it. You and we each waive the right to a trial by jury. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request is severed and proceeds in court, and the rest stays in arbitration.

21.5 Your right to opt out

You can opt out of Sections 21.2 and 21.4 within 30 days of first accepting these Terms by emailing support@launchsite-os.com with the subject line "Arbitration Opt-Out" and including your name and the email on your account. Opting out costs nothing, does not affect anything else in these Terms, and does not affect your use of the platform. If you opt out, Section 22 governs.

21.6 Changes

If we materially change this Section 21, you may reject the change by notifying us at support@launchsite-os.com within 30 days of the change, in which case the version you previously agreed to continues to apply between us.

22. Governing law and venue

These Terms are governed by the laws of Kentucky, USA, without regard to conflict-of-laws rules. For any dispute not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Kentucky, and waive any objection to that venue.

23. General

• Notices. We may give notice by email to your account address or by posting in the app. Send notices to us at support@launchsite-os.com.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control.
• Severability and waiver. If a provision is unenforceable, the rest remains in effect. A failure to enforce is not a waiver.
• Export and sanctions. You represent that you are not located in, or ordinarily resident in, a country or on a list subject to US embargo or sanctions, and that you will not use the platform in violation of export-control law.
• No third-party beneficiaries, except Apple as stated in Section 17.
• Entire agreement. These Terms and the documents in Section 1 are the entire agreement between you and us on this subject.

24. Changes to these Terms

We may update these Terms. For material changes we will post the revised Terms here with a new "Last updated" date and give reasonable advance notice - by email or in the app - before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the platform and cancel.

25. Contact

Questions about these Terms: support@launchsite-os.com. Privacy requests: privacy@launchsite-os.com. LaunchSite OS, LLC, Kentucky, USA. Our mailing address is available on request.

This document is provided as a starting template and is not legal advice. Have a qualified attorney review and adapt it - in particular the arbitration, disclaimer, liability, and indemnity sections - for your business before relying on it.