Terms & Conditions
Updated 11 May 2024
1. Introduction
Welcome to Coaching Scribe, the trading name of a service brought to you by Sports Toolkit Ltd. (“the Company”, "us", "we", or "our")., registered in Scotland under company registration number SC809966 with its registered office at Office 1, Technology House, 9 Newton Place, Glasgow, G3 7PR. These Terms and Conditions ("Terms") govern your access to and use of the Coaching Scribe website, mobile application, and services (collectively, the "Service"). By signing up and using our Service, you are agreeing to these Terms, which will result in a legal agreement between you and Sports Toolkit Ltd. (“Agreement”).
Coaching Scribe currently offers a free version of its Service, known as Session Planner 1.0. This version can be accessed and used immediately without the need to register. Any subscription based services will require registration, as covered in these Terms.
2. Acceptance of Terms
By using Coaching Scribe, whether by accessing the free version known as Session Planner 1.0 or engaging with any subscription-based service, you signify your acceptance of these Terms and Conditions. Your continued use of the Service, including access to Session Planner 1.0 without registration, constitutes your agreement to be bound by the relevant sections of these Terms applicable to the version of the Service you are using. If you are using the Service on behalf of an organisation, you confirm that you are duly authorised to agree to these Terms on behalf of the organisation. Your use of the Service, whether on a free or paid basis, confirms your acknowledgment of, and agreement to, fully comply with these Terms.
3. User Account
3.1 Registration:
Registration is not required to use Session Planner 1.0. However, to access features of any subscription based services, you must register for an account. You agree to provide truthful, accurate, and complete information during the registration process and to update such information to keep it accurate, complete, and current.
3.2 Account Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorised use of your account or any other security breach.
3.3 Data Security Practices:
Whether you are using our Service as a registered user or through the Session Planner 1.0 free version, it is important to follow recommended data security practices. To help protect your data and enhance its security, we recommend the following practices:
Regular Updates: Keep your web browser and operating system updated to the latest versions. These updates often include security patches that protect against new vulnerabilities.
Secure Access: Ensure that your device is secured with a strong password, biometric security, or other forms of authentication to prevent unauthorised access.
Backup Your Data: Regularly backup your session plans and other data stored locally. This can be done by exporting your data to external drives or cloud storage solutions.
Clear Cache Wisely: Be cautious when clearing your browser's cache. While it is a good practice for maintaining browser performance, ensure you have backed up necessary data stored in the cache as clearing it will remove locally stored session plans.
Use Secure Networks: Avoid using public or unsecured Wi-Fi networks when accessing our Service. Unsecured networks can expose your data to interception by third parties.
Encryption: Consider using browser extensions or third-party applications that provide additional encryption to your locally stored data.
By following these recommendations, you can enhance the security of your data stored locally while using our Service.
3.4 Account & Password:
You are responsible for keeping your account name and password or other login credentials confidential. You are also responsible for any account that you have access to and any activity occurring in such an account (other than activity that the Company is directly responsible for that is not performed in accordance with Your instructions), whether or not You authorised that activity. You will immediately notify us of any unauthorised access or use of Your accounts. We are not responsible for any losses due to stolen or hacked passwords. In addition, You represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
3.5 Account Logout:
You are responsible for logging out of your account after each session to ensure the security of your account. This precaution helps prevent unauthorised access to your account and personal information. We recommend that you log out from any devices, especially shared or public devices, after accessing your account to protect your personal data.
3.6 Management of Session Data:
Whether you are using our free service, Session Planner 1.0, or any of our subscription-based services, you are responsible for managing the session data stored on your device. Our Service may use cookies and similar technologies to enhance and personalise your user experience, maintain your session states, and store data locally on your browser. You should regularly manage these data by clearing your browser's cache and cookies based on your security needs and browsing practices. The management of locally stored data on your browser is solely your responsibility.
3.7 Liability:
We cannot be held liable for breaches that result from your failure to follow these recommended security practices, such as logging out of your account and managing your session data appropriately. We encourage you to adopt best practices in securing your account and data, including updating your software, using strong passwords, and regularly reviewing your account for any unauthorised or suspicious activity.
3.8 Termination:
We may restrict or terminate access to Session Planner 1.0 or any part of our Service at our discretion, without prior notice or liability, if we determine that you have breached these Terms. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or if you violate the Terms.
4. Privacy
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. For more detailed information, please review our Privacy Policy here.
5. Subscription Services
Our subscription models and associated fees are applicable only to registered users. These models offer additional features beyond those available in the free version of our Service, Session Planner 1.0.
5.1 Fees and Payment:
Our Service is available under various subscription models. Fees for each subscription model are displayed on the Service, and you agree to pay the applicable fees for the subscription you select.
5.2 Pricing:
Pricing for the Service shall be as established by Scribe from time to time. Pricing shall be subject to change upon thirty (90) days’ email notice to you.
5.3 Renewal and Cancellation:
Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the billing cycle ends. You may cancel your subscription at any time through your account settings, with the cancellation becoming effective at the end of the current billing period.
5.4 Refunds:
Refunds are generally not provided for any subscriptions unless required by applicable consumer law. In cases where a refund is issued, the amount and form of refund, and the conditions under which refunds are provided, will be determined at our discretion.
5.5 Cooling Off Period:
A 14-day cooling-off period in which you can cancel your subscription and receive a full refund applies, provided the service has not yet commenced. If the service begins within the cooling-off period with the customer's explicit consent and acknowledgment that they thereby waive their right to cancel, no refund will be available once the service has started. Outside of this period, refunds may be considered at our discretion, subject to applicable law.
Outside of the 14-day cooling-off period, refunds are generally not provided. However, we may consider granting a refund in exceptional circumstances, such as non-delivery of the service due to technical issues that cannot be promptly resolved or significant service disruption not caused by external factors. All refund requests submitted after the cooling-off period must be made in writing within 7 days of the incident that led to the dissatisfaction. Each request will be evaluated on a case-by-case basis, and the decision to grant a refund will be at our sole discretion, subject to applicable consumer law.
6. Use of the Service
6.1 Permitted Use:
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
6.2 Prohibitions:
You are prohibited from using the Service to engage in any misuse, including but not limited to hacking, data mining, or other infringement of software or data integrity.
6.3 Intellectual Property Rights
All intellectual property rights in the Service and its content, including but not limited to text, graphics, logos, and software, are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms.
All personal data and session plans created by users within our Service are considered private and owned by the user. We will not access, use, or share this data except as necessary to provide the services agreed upon or unless required by law.
6.4 Third-Party Services
In providing the Service, we utilise various third-party services to enhance your experience and facilitate our business operations. Notably, we use Squarespace for website hosting and content management and Stripe for payment processing services.
6.5 Squarespace:
Our website is hosted on Squarespace, which provides us with the online platform that allows us to sell our products and services to you. Your use of our Service hosted on Squarespace is subject to Squarespace's own terms of service and privacy policy, which we encourage you to read. Please be aware that while we have chosen Squarespace for its robust functionality and user support, we do not control and are not liable for the actions or inactions of Squarespace.
6.6 Stripe:
For payment processing services, we rely on Stripe. All payment-related matters are handled securely through Stripe’s platform. When processing payments, your financial data is managed directly by Stripe according to their terms of service and privacy policy, which we advise you to review. We do not store or have access to your credit card information or other financial data when you make payments through Stripe.
6.7 Relationship with Third-Party Services:
While we integrate these third-party tools to enhance your experience, you acknowledge and agree that the third-party service providers are responsible for their services and are not agents or employees of our Company. We are not liable for any issues arising from your interaction with these third-party services, although we will strive to assist you in resolving such issues where possible.
7. Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations to which you are subject. You are responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations or other applicable laws. If you are subject to specific regulations, and you use the Service, we will not be liable if the Service does not meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by any applicable laws.
If you collect or handle personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent for such activities in accordance with the applicable laws of the jurisdiction in which the minor resides.
If you or the individuals whose personal information is managed through your use of the Service are subject to Data Protection Laws (such as the GDPR for EU-based individuals or the UK GDPR for UK-based individuals), you agree, represent, and warrant to us that:
You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that: Satisfies the requirements of applicable data protection laws; Describes your use of the Service; Includes a link to our Privacy Statement.
You will obtain and maintain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared by us for the purposes of providing the Service or as otherwise directed by you.
You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable us to deploy cookies and similar tracking technologies lawfully on and collect data from the devices of contacts and end users as described in our Cookie Policy.
You acknowledge that you are subject to our Data Processing Addendum (“DPA”), which will apply when and to the extent we process your Content (insofar as it includes Personal Data) protected by Data Protection Laws. The DPA sets out our obligations with respect to data protection and security when processing such Content in connection with the Service and forms part of these Terms.
Furthermore, if you are subject to UK or EU Data Protection Law, you acknowledge and agree that we have your prior written authorisation to respond, at our discretion, to any data subject access requests we receive from your contacts made under UK or EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section.
8. Compliance with Local Laws
The information provided through the Service is not intended for distribution or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction. You are responsible for compliance with local laws to the extent they are applicable.
9. General Rules
To maintain a respectful and lawful environment, we strictly prohibit the use of our Service for any activities that promote or incite harm towards others, or that involve discriminatory, hateful, or harassing content. We reserve the right to suspend or terminate your account if, in our sole discretion, we determine that:
You represent an organisation that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could reasonably be perceived to advocate, encourage, or sponsor discriminatory or hateful content, or threats of physical harm.
You represent an organisation that has acted in a way that could reasonably be perceived to support, condone, encourage, or represent discriminatory or hateful content or threats of physical harm.
The rules and guidelines stated herein apply to all users of our Service, including those using the free version, Session Planner 1.0. As a user of our Service, you agree not to:
Circumvent, disable, or otherwise interfere with security-related features of the Service;
Make any unauthorised use of the Service or create accounts under false pretences;
Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to it;
Attempt to impersonate another user or person, or use the username of another user;
Use the Service to compete with us or use the Service for any revenue-generating endeavour or commercial enterprise without proper authorisation;
Decipher, decompile, disassemble, or reverse engineer any part of the software comprising or in any way making up a part of the Service;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service;
Engage in any activities that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service;
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
We reserve the right to monitor the Service for breaches of these rules. If you breach these rules, we may take appropriate actions including but not limited to suspending or terminating your account, and we may pursue legal action against anyone who, in our sole discretion, violates these General Rules or any other terms of this Agreement.
10. Reporting Abuse
If You think anyone is violating any of these Terms, please notify Us immediately. If You think anyone has posted material that violates any protected marks or copyrights, then You can notify Us at here.
11. Child Protection
We recognise the sensitivity of information related to minors and the importance of protecting children's privacy. While our Service does not directly collect personal information from minors, we understand that users such as coaches might use our tools to plan and manage sessions that involve children. As a user, you are responsible for ensuring that any personal data about minors that you input or manage through our Service is handled in accordance with applicable child protection laws. This includes securing appropriate consent from parents or guardians to collect, use, or disclose any such information. Please ensure that any use of our Service in relation to data about minors complies with legal requirements, including those related to data protection and privacy.
12. Disclaimers, Limitation of Liability & No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE SERVICE AS-IS. THIS MEANS THAT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT PROVIDE WARRANTIES, CONDITIONS, OR UNDERTAKINGS OF ANY KIND IN RELATION TO THE SERVICE, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE AGREEMENT. SINCE MEMBERS USE THE SERVICE FOR A VARIETY OF REASONS, WE CANNOT GUARANTEE THAT IT WILL MEET YOUR SPECIFIC NEEDS.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site resulting in errors, interruptions or delays. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss damage or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance thereof. Nothing in this Agreement will obligate us to maintain and support the Site or to supply any corrections, updates or releases in connection with it.
13. Indemnification
You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.)
You also agree to indemnify and hold Us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) Your Content, (ii) Your use of the Service, (iii) Your violation of any laws or regulations, (iv) third-party claims that You or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by You, or (vi) a breach of any representations or warranties You have made to us.
14. Changes to the Terms
We reserve the right to modify these Terms at any time. We will provide notice of any changes by posting the updated Terms on the Service or through other communications. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
15. Changes to the Service
We reserve the right to modify, update, or discontinue the Service, including any features or portions thereof, at any time without prior notice. We understand the importance of keeping our users informed of any changes that may affect their use of the Service. Therefore, we will provide notice of significant changes to the Service through our website or via email, and we will detail how such changes may impact your use of the Service. By continuing to use the Service after any modifications have been made, you acknowledge and agree to the changes.
16. Governing Law
These Terms and your use of the Service are governed by and construed in accordance with the laws of Scotland, only. This applies no matter where you are located in the world.
17. Dispute Resolution
You agree that the Scottish courts will have exclusive jurisdiction over any claim or dispute arising from or related to our Service and these Terms. This means that all proceedings must be conducted in Scotland, and no claims can be brought in any court outside of Scotland.
18. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, if we determine that you have breached these Terms. Upon termination, your right to use the Service will cease immediately.
19. Miscellaneous
19.1 Entire Agreement:
These Terms constitute the entire agreement between you and Sports Toolkit Ltd. regarding your use of the Service, superseding any prior agreements between you and us regarding the Service.
19.2 Waiver and Severability:
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19.3 Assignment:
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, at our sole discretion, without restriction.
19.4 Force Majeure:
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, epidemic or pandemic, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Contact Information
If you have any questions about these Terms, please contact us here.