Terms & Conditions

Definitions

"You", "you", "Your", "your" means the individual accepting the terms of this Agreement or the entity such individual represents, as applicable.

"App" means web application.

Innovative Opportunity Solutions LLC DBA "Better Gift Coach" or "Better Gift Coach service" references any services offered to the Better Gift Coach by www.bettergiftcoach.com including but not limited to the automated sending of emails, SMS or text messages.

"willing parties" or "willing participants" references a person or persons who have agreed to receiving the Better Gift Coach service and have not requested the service's termination.

"receiving parties" references the recipients of the Better Gift Coach service. This is usually used to refer to the person or persons that receive the SMS or text messages or live coaching sessions from the Better Gift Coach service.

Better Gift Coach is a service that allows individuals to send and receive SMS messages and emails to willing parties. Better Gift Coach provides its services subject to the terms and conditions contained in these Terms of Service (this "Agreement"). To become eligible to use Better Gift Coach under this Agreement, you must review and accept the terms of this Agreement by providing a phone number and clicking on the "Purchase" button on the Better Gift Coach app. Better Gift Coach may update the Terms of Service without notice. Any and all changes will be reflected on the Better Gift Coach website www.bettergiftcoach.com with the date that it has been updated.

Please review the terms of this Agreement, as well as those of the Acceptable use policy, carefully. Once accepted, this Agreement becomes a binding legal commitment. If you have any questions, you can reach us at patrick@bettergiftcoach.com.

Better Gift Coach cannot guarantee that the services will not be faulty, and will take reasonable commercial effort to correct reported faults and restore the services as soon as practicable. In addition, Better Gift Coach cannot ensure that every SMS or text message will be delivered. Better Gift Coach has the right to revoke access to any and all Better Gift Coach services if there is any breach of these Terms of Service or any actions that Better Gift Coach deems unacceptable.

You must be 18 years or older to use Better Gift Coach services.

You acknowledge that Better Gift Coach is not responsible in any way for any charges (monetary or otherwise) that you have caused to unwilling or willing participants of the Better Gift Coach service.

You also agree to only use the Better Gift Coach service on willing parties that have requested and consented to receive automated text messages or any Better Gift Coach service. You also agree to stop any Better Gift Coach service upon request of receiving parties. The willing participants and receiving parties also take full responsibility for any legal ramifications that result from the use of the Better Gift Coach service.

You agree that any uses of the Better Gift Coach service have been initiated by you due to human interaction.

The terms of this agreement will remain in force until the cessation, expiration, or termination of all of the Better Gift Coach services.

Intellectual Property

Intellectual property rights in all software, information, technology, data, or design whatsoever supplied by Better Gift Coach under the Agreement will remain the property of Better Gift Coach or its licensors, and You agree to not copy, sell, modify, adapt, translate, reverse engineer, decompile, or disassemble or create deviated works of any services or software or other produces that form any part of the Better Gift Coach services, or permit others to do so. Any intellectual property rights to any developments will be property of the developing party. Nothing in this Agreement or the services may be construed as grating, by implication, estoppel, or otherwise, any license or right to use an of the Better Gift Coach trademarks displayed on the Better Gift Coach services, without our prior written consent, and as between Us, Better Gift Coach owns the goodwill generated from the use of the Better Gift Coach trademarks.

Indemnification

You will defend and handle at your own expense, indemnify and hold harmless Better Gift Coach, parent companies, subsidiaries, and affiliated companies, their respective officers, directors, employees, and agents, subcontractors, suppliers (each, an "indemnified party") from and against any and all claims, remains, actions, damages, costs and expenses, or liability of whatever nature incurred or to be incurred by an indemnified party (including but not limited to costs of investigation and reasonable attorney and other third party fees and, to the extent permitted by law, fines and penalties) in connected with or arising from (i) Your use of the services other than as expressly authorized in this Agreement, (ii) Your infringement of any third party intellectual property rights in connection with or arising from your use of the Better Gift Coach service, (iii) any breach of this Agreement, and (iv) any claims arising from information, data, or messages transmuted by You using the Better Gift Coach service that Better Gift Coach contend comprise a violation of Better Gift Coach Acceptable Use Policy.

Price, Refunds, and Payment Terms

Better Gift Coach will not provide any refunds for purchases made in the Better Gift Coach App.

Acceptable Use Policy

This Acceptable Use Policy describes actions that Better Gift Coach prohibits when any party uses Better Gift Coach. Better Gift Coach may not be used in any illegal, abusive, or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited uses of Better Gift Coach. This list is provided by way of example and should not be considered exhaustive.

- Using Better Gift Coach in any manner that violates any applicable industry standards, third party policies or requirements that Better Gift Coach may communicate to its users, including without limitation, all of the application guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines or other industry standards.

- Engaging in any unsolicited advertising, marketing, or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.

- Using Better Gift Coach in connection with any unsolicited or harassing messages (commercial or otherwise) including, but not limited to, unsolicited or unwanted SMS or text messages.

- Using Better Gift Coach to engage in fraudulent activity with respect to third parties.

- Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.

- Harvesting or otherwise collecting information about others, including email addresses or phone numbers, from the Better Gift Coach App without their express consent.

- Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephony network.

- Exploiting vulnerabilities in the Better Gift Coach service that result in expenses or damages to Better Gift Coach.

Last updated: April, 2023