These terms govern your access to and use of Continuum. By using our services, you agree to these terms.
Last Updated:
These Terms of Service ("Terms") constitute a legally binding agreement between you and Continuum ("we," "us," or "our") governing your access to and use of our website, applications, and related services (collectively, the "Service"). By accessing or using the Service, creating an account, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
You must be at least 16 years of age and have the legal capacity to enter into a binding contract in your jurisdiction to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. By using the Service, you represent and warrant that you meet these eligibility requirements and that all information you provide is accurate and current.
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and provide notice through the Service, via email, or by other appropriate means. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.
Throughout these Terms, the following definitions apply:
Continuum provides a comprehensive business platform for professional service providers, including coaches and consultants. Our services include custom website design and development, integrated scheduling and booking functionality, payment processing, client management tools, and related services. We act as a platform facilitator, connecting service providers with clients and providing the technology infrastructure to support professional practices.
We offer done-for-you website design and development services tailored to professional practices. This includes custom design, content integration, responsive mobile optimization, hosting setup, and ongoing technical support. The scope of each website project is defined in a separate agreement or statement of work. Deliverables, timelines, revision processes, and specific technical specifications will be outlined in project-specific documentation.
Our scheduling platform provides:
Important Notice: Our scheduling platform integration is entirely optional. Clients who engage us for custom website design services are not required to use our scheduling system. Website projects can be completed with or without scheduling integration, and pricing may be adjusted accordingly based on the services selected.
You may choose to: (a) engage us for a custom website with full scheduling integration; (b) engage us for a custom website without scheduling features; or (c) use our scheduling platform as a standalone service without custom website design. The specific services, features, and pricing for your engagement will be outlined in your service agreement or purchase confirmation. If you initially opt for a website without scheduling and later decide to add scheduling features, or vice versa, contact us to discuss integration options and any associated costs.
Different service tiers and subscription levels may have access to different features, storage limits, customization options, and support levels. Feature availability, limitations, and pricing are described on our website and in your service agreement. We reserve the right to modify features, add new features, or change service tiers, with appropriate notice to users. Changes to paid service tiers will not reduce features you have already paid for during your current billing period.
We may offer beta, pilot, or experimental features from time to time. These features are provided "as-is" and may be modified or discontinued at any time without notice. Beta features may have bugs, errors, or reduced functionality. Your use of beta features is voluntary and at your own risk. We appreciate feedback on beta features to help us improve the Service.
To use certain features of the Service, you must create an account by providing accurate, complete, and current information, including your name, email address, and other required details. You may create an account directly through our platform or through supported third-party authentication providers (such as Google). You are responsible for maintaining the accuracy of your account information and promptly updating it if it changes.
Different account types have different capabilities. Coach/Service Provider accounts can create service offerings, manage bookings, access client information, receive payments, and engage our custom website services. Client accounts can browse coaches, book sessions, manage appointments, and make payments. Some users may have both account types if they both offer and consume services on the platform.
You are responsible for maintaining the confidentiality of your account credentials, including your password. You must not share your account credentials with others or allow others to access your account. You are fully responsible for all activities that occur under your account, whether or not authorized by you. If you become aware of any unauthorized access to your account or any security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to protect your account credentials or from unauthorized account access.
You represent and warrant that all information you provide in connection with your account and your use of the Service is accurate, truthful, current, and complete. Providing false, misleading, or fraudulent information is grounds for immediate account suspension or termination. For Coaches, this includes accurate representation of qualifications, credentials, services offered, pricing, and availability. For all users, this includes accurate contact information and payment details.
You may only create and maintain one account unless you have express written permission from us to create multiple accounts. Creating multiple accounts to circumvent restrictions, manipulate the platform, or engage in fraudulent activity is strictly prohibited and may result in termination of all your accounts.
Coaches are solely responsible for ensuring they hold all necessary licenses, certifications, permits, and qualifications required to offer their services in their jurisdiction. You must comply with all applicable laws, regulations, and professional standards governing your practice. Continuum does not verify credentials or licenses and is not responsible for coaches' compliance with professional requirements. If your jurisdiction requires specific disclosures, licenses, or insurance, you must obtain and maintain them independently.
Coaches must deliver services as described in their service listings, honor scheduled appointments, provide services in a professional manner, respond to client communications in a timely fashion, and maintain appropriate professional boundaries. You are responsible for the quality, legality, and appropriateness of the services you provide. Continuum is not a party to the coaching or consulting relationship and has no control over the quality or delivery of your services.
All content you provide for your profile, custom website, service listings, and communications must be accurate and not misleading. You must not misrepresent your qualifications, experience, credentials, results you can deliver, or the nature of your services. Testimonials and reviews must be genuine and not fabricated. You must honor the pricing, availability, and terms displayed on your booking pages.
Coaches must protect client confidentiality and privacy in accordance with applicable laws and professional standards. You are responsible for obtaining appropriate consent to collect and use client information, honoring client data rights, and implementing your own privacy practices as required by law. While we provide data protection features, you remain responsible for your compliance with data protection laws including GDPR, CCPA, HIPAA (if applicable), and other regulations.
Coaches are responsible for all taxes, fees, and reporting obligations related to income earned through the platform, including income tax, sales tax, VAT, or other applicable taxes. We may provide transaction reporting but are not responsible for your tax compliance. You are responsible for determining what taxes apply to your services and remitting them to the appropriate authorities. Consult with a tax professional regarding your obligations.
Clients must provide accurate information when booking services, honor scheduled appointments or cancel according to the coach's cancellation policy, make timely payments for services booked, communicate respectfully with coaches, and understand that Continuum is not responsible for the quality or outcomes of coaching services. Clients should verify that coaches have appropriate credentials for their needs and understand the nature and limitations of services being offered.
All users must not:
Content you upload or transmit through the Service must not contain material that is illegal, obscene, defamatory, hateful, discriminatory, threatening, pornographic, or that promotes violence or illegal activities. Content must not infringe upon intellectual property rights, privacy rights, or other legal rights of third parties. We reserve the right to remove any content that violates these standards or that we determine is inappropriate for the platform.
You must comply with all applicable local, state, national, and international laws and regulations in your use of the Service, including but not limited to laws regarding professional licensing, consumer protection, data privacy, taxation, export controls, and anti-discrimination. You are solely responsible for determining which laws apply to your use of the Service and ensuring your compliance.
The Service, including its software, design, features, functionality, text, graphics, logos, and all intellectual property rights therein, is owned by Continuum or our licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly provided in these Terms, no right, title, or interest in the Service or any intellectual property is transferred to you. You may not copy, modify, distribute, sell, or lease any part of our Service or software, nor may you reverse engineer or attempt to extract the source code.
Important: Ownership of custom websites and related intellectual property is defined in your website design agreement or statement of work.
Generally, upon full payment for custom website services, you receive ownership of: (a) the custom design elements created specifically for your website; (b) content you provided; and (c) the compiled website code as delivered. We retain ownership of: (a) our proprietary platform code and tools; (b) reusable components and frameworks; (c) our intellectual property and methodologies; and (d) any third-party components or libraries integrated into your website (which are subject to their own licenses). Specific ownership terms, license grants, and usage rights will be detailed in your website design agreement.
You retain ownership of content you upload to the Service (including profile information, service descriptions, photos, videos, and other materials). However, by uploading content, you grant Continuum a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute your content solely to provide, operate, improve, and promote the Service. This license continues until you delete the content or terminate your account, except where continued use is necessary for core Service functionality or legal compliance.
You represent and warrant that: (a) you own or have the necessary rights to all content you upload; (b) your content does not infringe upon intellectual property rights, privacy rights, or other rights of third parties; (c) your content complies with these Terms and applicable laws; and (d) your content is accurate and not misleading. You are solely responsible for your content and any consequences of uploading or sharing it.
If you provide feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant Continuum a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service or other products without attribution or compensation to you. You waive any moral rights in such Feedback.
"Continuum" and our logos, trademarks, and service marks are our property. You may not use our trademarks without our prior written permission except as necessary to identify Continuum as the provider of the Service. Any unauthorized use of our trademarks is strictly prohibited.
We respect intellectual property rights and expect our users to do the same. If you believe that content on our platform infringes your copyright, please contact us at the email address in Section 17 with: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a statement of good faith belief that use is unauthorized; and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner. We will investigate and take appropriate action, which may include removing the content.
Pricing for our services, including custom website design, scheduling platform subscriptions, and transaction fees, is displayed on our website and confirmed at the time of purchase or in your service agreement. Prices are subject to change, but changes will not affect services you have already purchased. For subscription services, price changes will take effect at your next renewal after we provide notice. All fees are in U.S. Dollars unless otherwise specified.
All payments are processed by Stripe, a third-party payment processor. By providing payment information, you authorize us (and Stripe) to charge your payment method for all fees incurred. You represent and warrant that you have the legal right to use the payment method provided. We do not store full credit card numbers—only Stripe maintains that information, subject to their privacy policy and PCI-DSS compliance standards. You are responsible for ensuring your payment information is current and accurate.
If you subscribe to recurring services (such as monthly or annual platform subscriptions), your payment method will be charged automatically at the beginning of each billing period unless you cancel before the renewal date. Subscriptions automatically renew until canceled. You can cancel your subscription at any time through your account settings or by contacting us. Cancellation will be effective at the end of your current billing period, and you will not receive a refund for the remaining portion of that period unless required by law.
Coaches receiving payments from clients use Stripe Connect. To receive payments, you must create and maintain a Stripe account, which is subject to Stripe's terms of service and privacy policy. Stripe may require identity verification, tax information, and banking details. We are not responsible for Stripe's payment processing, fee structures, payout timing, or account verification requirements. Stripe may withhold payments, impose reserve requirements, or suspend accounts based on their risk assessment and compliance requirements.
Fees are exclusive of taxes unless otherwise stated. You are responsible for paying all applicable taxes, including sales tax, use tax, VAT, GST, and other taxes or duties imposed by governmental authorities. If we are required to collect or remit taxes, those amounts will be added to your invoice. Coaches are responsible for all taxes on income earned through the platform and for determining whether their services are subject to sales tax or other transactional taxes.
All fees paid to Continuum (for subscriptions, website design services, or platform fees) are generally non-refundable except where required by applicable law. Refunds for coaching sessions booked through the platform are governed by the individual coach's cancellation and refund policy, which should be clearly stated on their booking page. We may issue refunds at our sole discretion in cases of service failures, billing errors, or exceptional circumstances. Refund requests must be submitted in writing to the email address in Section 17 and include details of the transaction and reason for the request.
If you dispute a charge with your bank or credit card company (a "chargeback"), we may suspend or terminate your access to the Service while we investigate. You agree to assist us in resolving any payment disputes. Excessive chargebacks or fraudulent chargeback requests may result in permanent account termination. If a chargeback is found to be invalid or fraudulent, you may be responsible for fees and costs associated with the chargeback dispute.
If a payment fails (due to insufficient funds, expired card, or other reasons), we may retry the charge, suspend your access to paid features, or terminate your subscription. You remain responsible for all outstanding fees. We may charge a fee for failed payment processing or account restoration. If your payment method fails repeatedly, we reserve the right to terminate your account.
When you book a session through our platform, you are entering into a direct service relationship with the coach or service provider. Continuum acts solely as a platform facilitator and technology provider. We are not a party to the service agreement between you and the coach. The coach is solely responsible for delivering the services as described. We do not control, supervise, or direct coaches in the performance of their services.
To book a session, you select the desired service, date, and time from the coach's availability, provide any required information, and submit payment if required. Upon successful booking, you will receive a confirmation email with booking details. This confirmation constitutes acceptance of your booking by the coach, subject to the coach's terms and policies. Bookings may be subject to coach approval in certain cases.
Each coach sets their own cancellation and refund policy, which should be clearly displayed on their booking page. Cancellation policies may vary by coach and service type. Common policies include full refund if canceled within a certain timeframe (e.g., 24 or 48 hours before the session), partial refund for shorter notice, or no refund for late cancellations or no-shows. You are responsible for reviewing and understanding the coach's cancellation policy before booking. Continuum is not responsible for enforcing refunds or resolving disputes about cancellation policies, though we provide tools to facilitate these processes.
You may cancel a booking through the platform according to the coach's cancellation policy. Cancellations made within the allowed timeframe will be processed according to the stated policy. Late cancellations or no-shows may result in forfeiture of payment. If you cannot attend a session, you should cancel as soon as possible to allow the coach to offer the time slot to others.
If a coach must cancel a session, they should provide as much notice as possible. In case of coach cancellation, you are typically entitled to reschedule the session or receive a full refund, regardless of the timing. Coaches who frequently cancel sessions may face account restrictions or termination. Continuum is not liable for coaches' cancellations but provides tools to facilitate rescheduling and refunds.
Rescheduling policies are determined by individual coaches. Some coaches may allow free rescheduling within certain timeframes, while others may treat reschedules as cancellations subject to their cancellation policy. Contact your coach directly or through the platform to request rescheduling. Both parties must agree to any rescheduled time.
If you fail to attend a scheduled session without canceling according to the coach's policy, this is considered a no-show. Most coaches do not provide refunds for no-shows. Similarly, if a coach fails to show up for a scheduled session, you should contact us, and we will work with the coach to resolve the situation, which typically includes a full refund or rescheduling at no cost.
If you have a dispute with a coach regarding a booking, cancellation, refund, or service quality, you should first attempt to resolve it directly with the coach. If you cannot reach a resolution, you may contact our support team at the email in Section 17. We will make reasonable efforts to mediate disputes but are not obligated to provide refunds or resolve disputes on behalf of coaches. Our role is limited to facilitating communication and, in egregious cases, taking action against coaches who violate our Terms.
We strive to provide reliable, uninterrupted access to the Service but do not guarantee 100% uptime. The Service may be unavailable due to maintenance, updates, technical issues, third-party service failures, or circumstances beyond our control. We are not liable for any loss or damage resulting from Service unavailability. For custom websites we build, uptime and hosting reliability are subject to the specific hosting arrangement outlined in your website agreement.
We may perform scheduled maintenance that temporarily limits or suspends access to the Service. We will provide advance notice of scheduled maintenance when possible, but emergency maintenance may occur without notice. We will make reasonable efforts to schedule maintenance during low-traffic periods.
Support is available via email at the address in Section 17. We aim to respond to support requests within 1-2 business days, though response times may vary based on request volume and complexity. Different service tiers may have different support levels and response time commitments. We do not provide phone support at this time unless specified in your service agreement.
We reserve the right to modify, update, or discontinue features of the Service at any time, with or without notice. We may add new features, remove existing features, change how features work, or modify the user interface. While we strive to improve the Service with updates, we are not liable for any impact of modifications on your use of the Service. Material feature removals or changes to paid services will generally be communicated in advance.
Our Service relies on third-party services including Stripe (payments), Resend (email), Supabase (database and auth), Vercel (hosting), and others. If these services experience outages or disruptions, our Service may be affected. We are not responsible for third-party service failures, though we will work to minimize their impact on your use of the Service.
When you use features that integrate with third-party services (payment processing, calendar sync, email delivery, etc.), your use of those services is subject to their terms of service and privacy policies. We encourage you to review these third-party terms. We are not responsible for third-party services, their availability, functionality, data practices, or changes to their terms.
All payment processing is handled by Stripe. By using payment features, you agree to Stripe's Services Agreement and privacy policy. Stripe may collect additional information from you to process payments, verify identity, and comply with financial regulations. We do not have control over Stripe's policies, fee structures, or account requirements.
Transactional emails (confirmations, reminders, notifications) are sent via Resend. Email delivery is subject to Resend's infrastructure and deliverability. We are not responsible for emails that are not delivered, delayed, or filtered as spam by email providers. You should ensure your email address is correct and check spam folders if you do not receive expected notifications.
If you connect external calendar services (Google Calendar, Outlook, etc.), you authorize us to access your calendar data as necessary to provide scheduling features (checking availability, creating events, syncing bookings). Calendar integrations are subject to the third-party provider's terms and API availability. You can disconnect calendar integrations at any time through your account settings.
We may add integrations with additional third-party services (video conferencing, CRM, accounting software, etc.) in the future. When we add new integrations, we will notify you and update these Terms if necessary. Your use of new integrations will be subject to both these Terms and the third party's terms.
The Service may contain links to third-party websites, including coaches' external websites, social media, or other resources. We do not control or endorse third-party websites and are not responsible for their content, privacy practices, or availability. Accessing third-party links is at your own risk. You should review the terms and privacy policies of any third-party websites you visit.
Our Privacy Policy explains how we collect, use, share, and protect personal information. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you agree to the collection and use of information as described in the Privacy Policy.
You grant us the right to collect, use, and process data as described in the Privacy Policy and necessary to provide the Service. This includes data you provide directly, data collected automatically, and data from third-party sources as described in the Privacy Policy. We will protect your data using industry-standard security measures.
While we implement reasonable security measures to protect your data, no system is completely secure. You acknowledge that internet transmission is never completely private or secure and that any data you transmit may potentially be intercepted. You are responsible for maintaining the security of your account credentials and for any activity under your account.
You have certain rights regarding your personal data, including rights to access, correct, delete, port, and restrict processing, as described in our Privacy Policy and applicable law. To exercise these rights, contact us at the email address in Section 17. We will respond to requests within the timeframe required by law.
IMPORTANT NOTICE: Please read this section carefully as it limits our liability to you.
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not warrant the accuracy, completeness, or reliability of any content, information, or materials available through the Service, including coach profiles, service descriptions, or user-generated content. You use the Service and rely on any information at your own risk.
CONTINUUM DOES NOT PROVIDE PROFESSIONAL COACHING, CONSULTING, MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. THE SERVICE IS A PLATFORM THAT CONNECTS USERS WITH INDEPENDENT SERVICE PROVIDERS. WE DO NOT ENDORSE, VERIFY, OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS, OR QUALITY OF COACHES OR SERVICE PROVIDERS. WE MAKE NO WARRANTIES REGARDING THE OUTCOMES OR RESULTS OF ANY COACHING OR CONSULTING SERVICES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING COACHES' QUALIFICATIONS AND DETERMINING WHETHER THEIR SERVICES ARE APPROPRIATE FOR YOUR NEEDS.
Continuum acts solely as a technology platform facilitator. We are not a party to the relationship between coaches and clients. We do not supervise, direct, control, or monitor coaches in the provision of their services. We are not responsible for coaches' conduct, services, qualifications, compliance with laws, or any disputes between coaches and clients.
We disclaim all liability for third-party services integrated with our platform, including payment processors, email providers, calendar services, hosting providers, and others. Third-party services are provided by independent companies and are subject to their own terms, policies, and service levels.
Beta, pilot, or experimental features are provided without any warranties and may have bugs, errors, or unexpected behavior. Beta features may be modified or discontinued at any time. Use of beta features is entirely at your own risk.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. In such jurisdictions, our liability and warranties will be limited to the greatest extent permitted by law.
IMPORTANT NOTICE: This section limits our liability to you. Please read carefully.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONTINUUM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100); OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO CONTINUUM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
WE ARE NOT LIABLE FOR ANY ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF COACHES OR SERVICE PROVIDERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM COACHING OR CONSULTING SERVICES. COACHES ARE INDEPENDENT SERVICE PROVIDERS AND NOT OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES. YOUR RECOURSE FOR ISSUES WITH COACHING SERVICES IS DIRECTLY WITH THE COACH, NOT WITH CONTINUUM.
We are not liable for failures, errors, or unavailability of third-party services including payment processors, email providers, calendar services, hosting providers, or other integrated services. Any claims related to third-party services should be directed to the applicable third party.
We are not liable for user-generated content, including coach profiles, service descriptions, reviews, communications, or other content posted by users. We are not liable for user conduct, disputes between users, or any harm resulting from interactions between users on or off the platform.
We will not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, third-party service outages, or other events beyond our control.
You acknowledge and agree that the disclaimers and limitations of liability in Sections 11 and 12 are fundamental elements of the basis of the bargain between you and Continuum, and that we would not be able to provide the Service on an economically reasonable basis without these limitations.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Continuum, its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party, including other users; (d) your violation of any applicable laws or regulations; (e) content you post or transmit through the Service; or (f) your provision of coaching or consulting services through the platform (for coaches).
If you are a coach or service provider, you additionally agree to indemnify Continuum from any claims arising out of: (a) the services you provide to clients; (b) your professional conduct or misconduct; (c) your failure to hold required licenses or credentials; (d) injuries, damages, or losses suffered by your clients; (e) your breach of professional standards or duties; (f) disputes with clients regarding services, payments, or cancellations; or (g) content on your custom website (if applicable).
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You may not settle any claim that affects Continuum without our prior written consent. This indemnification obligation will survive termination of these Terms and your use of the Service.
You may terminate your account at any time through your account settings or by contacting us at the email in Section 17. Upon termination, your access to the Service will cease, though you will remain liable for any outstanding fees or obligations. Subscription cancellations are effective at the end of the current billing period, and no refunds are provided for unused portions of subscription periods unless required by law.
We may suspend or terminate your account and access to the Service, with or without notice, for any reason, including if:
We will provide notice of termination when reasonably possible, but we reserve the right to terminate immediately without notice in cases of serious violations or legal requirements.
Upon termination: (a) your right to access and use the Service immediately ceases; (b) we may delete your account and data in accordance with our Privacy Policy; (c) you remain liable for all fees and obligations incurred prior to termination; (d) any scheduled bookings may be canceled; and (e) licenses granted to you under these Terms will terminate. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.
Upon termination, you may lose access to your data. We recommend exporting any data you wish to retain before terminating your account. We will retain and delete data according to our Privacy Policy and applicable data retention obligations. We are not obligated to retain or provide you with data after termination except as required by law.
If your account is terminated while a custom website project is in progress, the handling of the project will be addressed in accordance with your website design agreement. Generally, you will receive deliverables for work completed and paid for, but projects may be discontinued if fees are unpaid or if termination results from your violation of these Terms.
IMPORTANT: This section contains an arbitration agreement and class action waiver. Please read carefully.
If a dispute arises between you and Continuum, you agree to first attempt to resolve it informally by contacting us at the email address in Section 17 with a detailed description of the dispute and your desired resolution. We will attempt to resolve the dispute informally within 60 days. If we cannot resolve the dispute informally, you or Continuum may initiate arbitration as described below.
Except for disputes that qualify for small claims court or intellectual property disputes, all disputes arising out of or related to these Terms or the Service that cannot be resolved informally will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be conducted by a single arbitrator and will take place in the jurisdiction specified in Section 16.1, unless the parties agree otherwise. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction.
YOU AND CONTINUUM 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, the entire arbitration agreement will be unenforceable.
Either party may bring a claim in small claims court if it qualifies. Additionally, either party may seek equitable relief in court to protect intellectual property rights. Nothing in this section prevents either party from seeking emergency equitable relief before an arbitrator has been appointed if necessary to prevent irreparable harm.
Each party will pay their own attorneys' fees and expenses unless the arbitrator awards fees as permitted by law. The arbitrator may award costs and fees to the prevailing party if warranted by applicable law. Continuum will pay the arbitrator's fees and AAA administrative costs for claims under $10,000, unless the arbitrator finds the claims frivolous.
You may opt out of this arbitration agreement by sending written notice to the email address in Section 17 within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and Continuum retain the right to pursue claims in court.
These Terms and any disputes arising out of or related to these Terms or the Service will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Subject to the arbitration agreement in Section 15, you agree that any legal action or proceeding will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
These Terms, together with our Privacy Policy and any service-specific agreements (such as custom website design agreements), constitute the entire agreement between you and Continuum regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral. If there is a conflict between these Terms and a service-specific agreement, the service-specific agreement will control with respect to that service.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
No waiver of any provision of these Terms will be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Continuum.
You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms and our rights and obligations without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. Any attempted assignment in violation of this section is void. These Terms will bind and inure to the benefit of each party's permitted successors and assigns.
Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, terrorism, war, civil unrest, labor disputes, governmental actions, internet failures, power outages, or third-party service failures.
You agree to comply with all applicable export and import laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and that you are not listed on any U.S. government list of prohibited or restricted parties.
Notices to you may be sent via email to the email address on your account, through the Service, or by posting notice on our website. Notices to Continuum must be sent to the email address in Section 17. Notices are deemed received when sent via email or when posted, whichever is applicable.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Continuum (and our respective successors and permitted assigns).
These Terms do not create any agency, partnership, joint venture, employment, or franchiser-franchisee relationship between you and Continuum. Coaches are independent contractors and not employees or agents of Continuum.
By using the Service, you consent to receive electronic communications from us, including emails, notifications, and messages through the Service. These electronic communications may include notices about your account, transactional information, and marketing messages (if you have opted in). You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
If you have questions about these Terms, need support, want to report a violation, or have other inquiries, please contact us at:
Email: book.with.continuum@gmail.com
Subject Line: Terms Inquiry - [Brief Description]
For legal notices, including notices of copyright infringement, arbitration opt-out, or formal legal communications, use the same email address with the subject line "Legal Notice - [Type of Notice]".
We will make reasonable efforts to respond to your inquiry within 1-2 business days, though response times may vary based on the nature and volume of inquiries. For urgent matters, please clearly mark your email as urgent.
These Terms of Service were last updated on