MentorWay

Terms of Service

Last updated: December 3, 2024

This document uses masculine language for convenience only and refers equally to all genders.

Use of this service is permitted for individuals aged 18 or older. Minors must obtain parental or guardian consent.

Welcome to Kidma. These Terms of Service ('Terms') govern your access to and use of the Kidma coaching platform ('Platform', 'Service'). By accessing or using our Platform, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using the Kidma Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and any additional guidelines or rules applicable to specific features or services.

If you do not agree to these Terms, you must not access or use our Platform. Your continued use of the Platform after any modifications to these Terms constitutes your acceptance of such changes.

You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Service Description

Kidma provides a comprehensive coaching platform designed to facilitate the relationship between coaches and their clients. Our Platform offers:

  • Client onboarding and management tools
  • Progress tracking and milestone management
  • Task assignment and completion tracking
  • Document sharing and storage capabilities
  • Communication and scheduling tools

Kidma acts solely as a platform provider. We do not provide coaching services, and we are not responsible for the quality, content, or outcomes of any coaching relationships formed through our Platform. The coaching services are provided by independent coaches who use our Platform.

3. User Accounts and Responsibilities

To use certain features of the Platform, you must create an account. When creating and maintaining your account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate and current
  • Maintain the security and confidentiality of your account credentials
  • Immediately notify Kidma of any unauthorized use of your account or any other security breach

You are solely responsible for all activities that occur under your account, regardless of whether such activities were authorized by you. Kidma will not be liable for any loss or damage arising from your failure to maintain account security.

4. User Roles and Responsibilities

Coach Responsibilities

If you register as a coach on the Platform, you acknowledge and agree to:

  • Maintain appropriate professional qualifications and credentials required for providing coaching services
  • Conduct all coaching activities in accordance with applicable laws, regulations, and professional standards
  • Provide accurate information about your services, qualifications, and pricing
  • Respect client confidentiality and handle all client data in accordance with applicable privacy laws and our Privacy Policy

Client Responsibilities

If you register as a client on the Platform, you acknowledge and agree to:

  • Engage with your coach in good faith and maintain open, honest communication
  • Complete assigned tasks and provide requested information in a timely manner
  • Respect the coach's time and professional boundaries

5. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. Specifically, you agree NOT to:

  • Violate any applicable local, national, or international law or regulation
  • Infringe upon or misappropriate the intellectual property rights of others
  • Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Attempt to gain unauthorized access to any portion of the Platform, other user accounts, or any systems or networks connected to the Platform
  • Interfere with or disrupt the Platform, servers, or networks connected to the Platform
  • Use the Platform to transmit any viruses, malware, or other malicious code
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity

Kidma reserves the right to investigate and take appropriate legal action against anyone who violates this Acceptable Use Policy, including removing offending content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

6. Intellectual Property Rights

The Platform, including all content, features, functionality, software, designs, text, graphics, logos, and other materials (excluding user-generated content), is owned by Kidma and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, Kidma grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose. This license does not include any right to resell, redistribute, or create derivative works from the Platform or its content.

You retain all ownership rights to content you upload to the Platform. However, by uploading content, you grant Kidma a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute your content solely for the purpose of operating and providing the Platform services to you.

7. Payment Terms and Subscriptions

Access to certain features of the Platform may require payment of subscription fees. If you subscribe to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). Payment will be charged automatically to your designated payment method. You are responsible for maintaining valid payment information.

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of the current billing period. We do not provide refunds for partial subscription periods.

Kidma reserves the right to modify subscription pricing with at least 30 days' advance notice. Price changes will not affect your current subscription period but will apply to subsequent renewal periods unless you cancel before the renewal date.

8. Termination

You may terminate your account at any time by accessing your account settings and following the account closure process. Upon termination, your right to access and use the Platform will immediately cease.

Kidma reserves the right to suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) extended periods of inactivity; or (d) upon your request.

Upon termination of your account, we will delete or anonymize your personal data in accordance with our Privacy Policy and applicable data protection laws. However, certain information may be retained as required by law or for legitimate business purposes such as dispute resolution and enforcement of our agreements.

9. Disclaimers and Limitations of Liability

No Warranty

THE PLATFORM IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Service Availability

Kidma does not warrant that the Platform will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not guarantee the accuracy, completeness, or reliability of any content on the Platform.

Kidma is a platform provider and not a coaching service provider. We do not endorse, guarantee, or assume responsibility for any coaching services, advice, or recommendations provided by coaches using our Platform. Any decisions you make based on information or services obtained through the Platform are solely your responsibility.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIDMA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE PLATFORM; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; OR (D) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO KIDMA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless Kidma, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights or privacy rights; or (d) any content you submit, post, or transmit through the Platform.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

12. Changes to These Terms

Kidma reserves the right to modify or update these Terms at any time at our sole discretion. When we make material changes, we will notify you by email (to the address associated with your account) or by posting a notice on the Platform at least 30 days before the changes take effect.

Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Platform shall be instituted exclusively in the competent courts of Tel Aviv, Israel.

You waive any objection to venue in such courts and consent to the exercise of personal jurisdiction by such courts. However, Kidma retains the right to bring legal proceedings in any jurisdiction where you reside or conduct business, or where a breach of these Terms has occurred.

Severability

If any provision of this document is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement

These terms constitute the entire agreement between you and Kidma regarding the use of the service and supersede any prior agreements.

14. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us at:

Kidma

Email: info@mentorway.ai

By using the Kidma Platform, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.

MentorWay

Empowering coaches and consultants to deliver exceptional client experiences through smart progress tracking and seamless communication.

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