•      Trainers. The service that we offer to trainers (the “Train and Influence App”) is a published mobile app that allows you to build, deliver and monitor training programs for your clients on a monthly subscription basis.

    • Each account is organized as a licensed workspace (“Workspace”) for billing purposes, with the number of seats for trainers and clients determined by the subscription package chosen. There may be several admins (which starts out as the first user of the Workspace). The owner may invite any number of other users to join as admins in the Workspace.
      Each of these users will have account-level permissions as determined by the owner.
      Please note that pricing and features are subject to future changes in our discretion, and that software updates may also impact future services offered.

    • Trainers/coaches can cancel their service at any time.

    • Fees and Payments:

      • An account holder can subscribe to Gameplan Apps’s services based on a monthly payment schedule or an annual payment schedule

      • Monthly payments:  The fee is based on the subscription package chosen (including without limitation any add-ons), Payment is collected at the beginning of each monthly billing period (on the monthly renewal date). After payment, the account will have access to services included in the package for the entire month until the next billing period begins.

      • Annual payments: The fee is based on the subscription package chosen. Payment is collected at the beginning of each annual billing period (on the annual renewal date). After payment, the account will have access to services included in the package for the entire year until the next billing period begins.

      • Renewal of services: Subscriptions automatically renew at the standard regular rate generally applicable at the time of the renewal (which may be different from the original subscription fees) using the payment method designated on the account, unless the account holder requests a change or chooses to cancel/terminate.

      • Refunds: No refunds will be granted for start up fees or recurring fees. 

      • Rejected Payments: An email notice will be sent to specified users on the account. There will be a grace period of 5 days to update the payment method and complete payment. After the grace period, services provided under the subscription will be paused until payment is provided. If the account holder fails to pay fees when they are due, all overdue fees shall accrue interest at the rate of 10% per annum, or at the highest legal interest rate, if less, and the account holder shall reimburse us for all expenses (including reasonable attorneys’ fees subject to applicable law) incurred by us related to collecting any amount that is not paid when due.

      • Licensed Workspace: Your access to your Workspace and to our proprietary services are through a license, which is limited, revocable, personal, non-transferable, non-assignable, non-sublicensable and non-exclusive. Such a license is defined by all of the conditions of these Terms of Service.

      • Other: You will invite your client(s) to connect with you on the Service, and your client(s) will then pay and download your mobile app to use the Service. You hereby acknowledge and agree that you are responsible for identifying and bringing such client(s) onto the Service.

      • Advice, graphics, images and information contained in any app or website is presented for general educational entertainment purposes. It is not intended to be legal, medical or other expert advice or services, and should not be used in place of consultation with appropriate professionals. The information contained in this app or site should not be considered exhaustive and the user should seek the advice of appropriate professionals.

      • In no event shall Gameplan Apps and it's resellers, officers and employees be liable for any liability, loss, injury or risk (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages) which is incurred or suffered as a direct or indirect result of the use of any of the material, advice, guidance or services on this app or site, whether based on warranty, contract, tort, or any other legal theory and whether or not Gameplan Apps or any of its trustees, officers or employees is advised of the possibility of such damages. GAMEPLAN APPS AND IT'S RESELLERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

 

  • Payment Processing. Payment processing services for our services to our Trainers are provided by Stripe and their respective affiliates or other payment processing services providers as we may choose from time to time (collectively referred to herein as the “Payment Processing Service Provider” ). You hereby authorize us to share with the Payment Processing Services Provider the financial information, banking details, transaction information and account information provided by you and/or related to your use of our services as is reasonably required for the provision of the payment processing features contemplated by our services. You also agree that we are not responsible or liable for the use or misuse of such financial information, banking details, transaction information and account information by the Payment Processing Services Provider or any third party. With respect to our use of Stripe in particular, please go to [https://stripe.com/legal] for additional terms and conditions that apply to your transaction. By using Stripe, you additionally agree that you have read and shall be bound by all of the terms and conditions set forth therein. Information you provide to us under this Payment Processing section is subject to the terms of our Privacy Policy.

  • Payment of Fees to Gameplan Apps by Trainers

     

  1. You acknowledge and agree that:

  2. UNTIL THE SERVICE IS PROPERLY TERMINATED BY YOU OR US IN ACCORDANCE WITH YOUR AGREEMENT WITH US, YOU SHALL TIMELY PAY US ALL FEES, COSTS AND EXPENSES WHICH YOU HAVE AGREED TO PAY (“FEES”).

  3. TRAINER FEES SHALL BE PAID VIA STRIPE CONNECT

  4. TRAINER FEES SHALL BE OUTLINED VIA STRIPE’S PRODUCT DESCRIPTION
    You shall be responsible for any and all currency conversion charges as well as sales, service, value-added, use, excise, consumption and any other taxes, duties and charges of any kind, if any, imposed by any federal, provincial or local governmental entity on any Fees other than any taxes imposed on, or with respect to, our income.

  5. NOTWITHSTANDING ANY OTHER TERM OF THE TERMS OF SERVICE, WE SHALL BE ENTITLED TO AMEND THE FEE SCHEDULE FROM TIME TO TIME, BY GIVING YOU THIRTY (30) DAYS WRITTEN NOTICE OF SUCH AMENDMENT, WHICH NOTICE SHALL AMEND THE FEE SCHEDULE ACCORDINGLY, AND SHALL BE BINDING ON YOU, AS OF YOUR NEXT MONTHLY OR ANNUAL BILLING CYCLE, AS APPLICABLE (the “Amended Fee Schedule”).

  6. IF YOU AGREE TO THE TERMS OF SERVICE AS AMENDED FROM TIME TO TIME BUT DO NOT AGREE TO A SPECIFIC AMENDED FEE SCHEDULE, YOU AND ALL TRAINERS AND CLIENTS WHO HAVE BEEN AUTHORISED TO ACCESS AND USE THE SERVICES PROCURED BY YOU CANNOT USE THE SERVICES AFTER THE END OF YOUR CURRENT MONTHLY OR ANNUAL BILLING CYCLE, AS APPLICABLE, AND THE TERMS OF SERVICE MUST BE TERMINATED BY YOU IN ACCORDANCE WITH THESE TERMS OF SERVICE ON OR BEFORE THE LAST DAY OF YOUR CURRENT MONTHLY OR ANNUAL BILLING CYCLE, AS APPLICABLE.

  7. You acknowledge and agree that we may, from time to time in our sole discretion, offer Trial Usage Plans, and that: (i) you shall comply with any and all additional terms, restrictions and/or limitations imposed by us on any such Trial Usage Plan; and (ii) we may at any time and for any reason, without liability to you or any other person alter, amend, modify or cancel any aspect of such Trial Usage Plans, including without limitation, the term, access rights, Fees, nature, scope, features, functionality, operation and content associated therewith.

Terms of Service