TERMS & CONDITIONS

Last updated 3/18/2025

Acceptance of the Terms & Conditions

These Terms & Conditions are entered into by and between You and Smart Coach, LLC (“Company,” “we,” or “us”). These Terms & Conditions, together with our Privacy Policy, Earnings Disclaimer, and any other policies expressly incorporated by reference (collectively, the “Agreement”), govern your access to and use of www.smartcoach.com and rossjohnson.mykajabi.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you must not access or use the Website.

Changes to the Terms & Conditions

We may revise and update these Terms & Conditions at our discretion. All changes are effective immediately when posted and apply to all access to and use of the Website. Your continued use of the Website after any changes constitutes acceptance of those changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and any service or material provided on the Website without notice. We are not liable if any part of the Website is unavailable at any time. You are responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms & Conditions and comply with them.

If you are required to provide registration details, you agree to provide accurate and complete information. You must treat your account credentials as confidential and notify us immediately of any unauthorized use. We reserve the right to disable any account at our discretion.

User-Generated Content & Community Guidelines

If you participate in our online courses, coaching programs, or community, you agree to adhere to the following:

  • Respectful Conduct: You must not post, share, or distribute any content that is defamatory, obscene, discriminatory, or otherwise harmful.

  • No Unauthorized Use of Materials: You may not share, reproduce, or distribute course materials, coaching recordings, or any proprietary content without explicit permission.

  • Compliance with Laws: You are responsible for ensuring that your content does not violate intellectual property laws or any applicable regulations.

  • Moderation & Enforcement: We reserve the right to remove content, restrict access, or terminate accounts that violate these guidelines.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including all text, images, software, and design) are owned by Smart Coach LLC or its licensors and are protected by copyright and trademark laws. You may not copy, modify, distribute, or otherwise exploit any content without express written permission from us.

Digital Millennium Copyright Act (DMCA) & Copyright Protection

If you believe that any content on the Website or in our programs infringes your copyright, you may submit a DMCA takedown request to:

Smart Coach LLC

93 Francisco Escudero #1012
Dorado, PR 00646
Email: support@smartcoach.com

Your request must include:

  • Identification of the copyrighted work being infringed.

  • A statement of good faith belief that use of the content is not authorized.

  • Contact details for follow-up.

  • A physical or electronic signature.

We will investigate and take appropriate action, including removing infringing content when necessary.

Third-Party Financing & Payment Responsibility

Smart Coach LLC may offer customers the option to utilize third-party financing providers, such as Affirm and Klarna, to facilitate payment for products or services. By choosing a third-party financing option, you acknowledge and agree that:

  • Independent Agreement: Your financing agreement is solely between you and the third-party provider. Smart Coach LLC is not a party to any financing arrangement and does not influence approval, interest rates, repayment terms, or contract conditions.

  • Payment Responsibility: You are 100% responsible for all payments, interest, fees, and penalties per your financing provider’s terms. Smart Coach LLC is not responsible for late payments, missed payments, or credit impacts.

  • No Liability: Smart Coach LLC bears no liability for disputes, processing errors, or changes in financing terms. Any financing concerns must be directed to the third-party provider.

  • Non-Refundable Transactions: All payments made via third-party financing remain subject to Smart Coach LLC’s refund and cancellation policies. Financing approval does not alter your refund eligibility as outlined in our Terms & Conditions.

  • Recorded Calls Policy: Smart Coach LLC records sales calls for quality and training purposes but deletes them 30 days after the student’s program ends. Coaching calls may also be recorded and follow the same deletion schedule.

Refund & Pricing Policies

  • Pricing: All prices for Smart Coach LLC programs and services are subject to change at our discretion.

  • Refund Policy: Refund eligibility is determined by the terms outlined in your specific program agreement. By purchasing, you acknowledge that refund terms are clearly disclosed and agreed upon before payment.

Monitoring & Enforcement

We reserve the right to:

  • Suspend or terminate user access at our sole discretion for violating these Terms, engaging in fraud, or harming the integrity of our services.

  • Remove or refuse any content posted on the Website that we determine violates our policies.

  • Disclose user information if required by law or to protect our business from fraud, security risks, or abuse.

  • Pursue legal action against individuals or entities who misuse our services or attempt to harm Smart Coach LLC.

By using this Website, you waive any right to seek damages resulting from the enforcement of these policies.

Data Retention Policy

SmartCoach LLC prioritizes the privacy and security of our clients’ data while ensuring compliance with applicable legal and regulatory requirements. This Data Retention Policy outlines how we collect, store, and retain client and marketing data related to our coaching programs.

Retention Periods

Client Data

  • Personal Information (Name, Email, Payment Records) – Retained for legal, tax, and transaction purposes as required by law.

  • Sales Call Recordings & Notes – Automatically deleted 30 days after last contact.

  • Coaching Calls & Client Session Notes – Automatically deleted 30 days after program completion.

  • Client Progress Data (Worksheets, Assignments, Feedback) – Deleted 30 days after program completion.

  • Customer Support Emails – Retained for 30 days post-last interaction, then deleted.

Marketing & Sales Data

  • Marketing Leads (Emails, Names, Inquiry Forms, Call Logs) – Retained indefinitely for marketing and outreach purposes unless a request for deletion is made.

  • Email Correspondence (Non-Sensitive Communication) – Retained as necessary for ongoing marketing and engagement.

GDPR Compliance

For users based in the European Economic Area (EEA), Smart Coach LLC complies with the General Data Protection Regulation (GDPR) by:

  • Allowing users to request deletion of their data.

  • Providing access to stored personal data upon request.

  • Ensuring secure processing of personal information.

Governing Law & Dispute Resolution

These Terms & Conditions are governed by the laws of the State of Florida. Any disputes shall be resolved exclusively in the courts located in Palm Beach County, Florida.

Arbitration Clause

At our sole discretion, we may require you to submit any disputes arising from these Terms & Conditions to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. By agreeing to these Terms & Conditions, you waive the right to participate in any class action lawsuit.

Contact Us

For questions regarding these Terms & Conditions, contact us at support@smartcoach.com.