Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of CoachComet (the "Service"), operated by Alera LTD, a company registered in England and Wales, with its registered office at Unit A, 82 James Carter Road, Mildenhall, IP28 7DE ("we", "us", "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must provide accurate, current, and complete information during registration. You must notify us immediately of any unauthorised use of your account.

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service in any way that violates applicable law or regulation
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Attempt to gain unauthorised access to any part of the Service
• Use the Service to store or transmit malicious code
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to compete with or replicate the Service
• Share your account credentials with third parties
• Upload data that you do not have the legal right to process

5. Intellectual Property

All content, features, and functionality of the Service (including but not limited to text, graphics, logos, software, and design) are the exclusive property of Alera LTD and are protected by copyright, trademark, and other intellectual property laws.

You retain ownership of any data or content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive licence to store, process, and display it solely for the purpose of providing the Service. This licence terminates when you delete the relevant content or your account.

6. Subscriptions and Payment

Certain features require a paid subscription. All fees are stated in GBP or USD and are non-refundable except as required by law or where we provide a voluntary refund at our discretion. We reserve the right to change our pricing with 30 days' notice. Continued use after a price change constitutes acceptance.

Subscription cancellation takes effect at the end of the current billing period. You retain access until that date. No partial refunds are given for unused portions of a billing period.

7. Data Protection and Processing

We process personal data in accordance with our Privacy Policy and applicable data protection legislation, including the UK GDPR, EU GDPR, and the Data Protection Act 2018.

7.1 Data Processing Relationship

When you use CoachComet to process client data:

• You (the coach) are the data controller for your client data
• Alera LTD acts as the data processor on your behalf
• This section, together with our Privacy Policy, constitutes the Data Processing Agreement between us

7.2 Processor Obligations

As your data processor, we shall:

• Process client data only on your documented instructions (i.e., to provide the Service)
• Ensure that persons authorised to process client data have committed to confidentiality
• Implement appropriate technical and organisational security measures (see Privacy Policy, Section 9)
• Not engage sub-processors without your prior general authorisation (current sub-processors are listed in our Privacy Policy, Section 5)
• Assist you in responding to data subject requests (via data export and deletion tools)
• Delete or return all client data upon termination of your account, within 30 days
• Make available all information necessary to demonstrate compliance and allow for audits
• Notify you without undue delay upon becoming aware of a personal data breach affecting your client data

7.3 Controller Obligations

As the data controller, you are responsible for:

• Ensuring you have a lawful basis for processing your client data using the Service
• Obtaining appropriate consent from your clients where required
• Informing your clients that you use CoachComet as a data processor
• Responding to data subject access requests from your clients (we provide tools to facilitate this)
• Ensuring compliance with your professional code of conduct

8. Clinical Disclaimer

CoachComet is a practice management and outcome measurement tool. It is not a medical device, diagnostic tool, or substitute for professional clinical judgement. Assessment scores and reports generated by the Service are intended to support, not replace, your professional evaluation.

You are solely responsible for all clinical decisions made in relation to your clients. We accept no liability for clinical outcomes arising from your use of the Service.

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total aggregate liability arising out of or in connection with the Service shall not exceed the greater of (a) the amounts paid by you in the 12 months preceding the claim, or (b) £100
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill
• We shall not be liable for any loss or damage arising from your failure to maintain adequate security of your account credentials
• We shall not be liable for any clinical decisions or outcomes resulting from your use of the Service
• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law

11. Indemnification

You agree to indemnify and hold harmless Alera LTD, its directors, officers, and employees from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of:

• Your use of the Service
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Any claim by a third party (including your clients) relating to data you have entered into the Service

12. Termination

We may suspend or terminate your access to the Service at any time for breach of these Terms, with notice where practicable. You may terminate your account at any time via the Service settings.

Upon termination:

• Your right to use the Service ceases immediately
• You may request export of your data within 30 days of termination (we provide a data export tool)
• All client data will be permanently deleted within 30 days, unless retention is required by law
• Payment records will be retained for 7 years as required by HMRC

13. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via the Service or email at least 30 days before taking effect. Your continued use after the effective date constitutes acceptance.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Alera LTD regarding the Service and supersede all prior agreements and understandings.

17. Contact

For questions about these Terms, contact us at:

• Email: privacy@coachcomet.com
• Post: Alera LTD, Unit A, 82 James Carter Road, Mildenhall, IP28 7DE, United Kingdom