Terms and conditions

About these terms

These Terms and Conditions (the Terms) form a binding agreement between you and Signa Coaching Inc. (Signa, we, us, our), a company incorporated in the Province of Quebec, Canada.

They govern your access to and use of:

• the website at signacoaching.com and any subdomain of it;
• the Signa coaching platform at app.signacoaching.com;
• the Signa mobile application for iOS and Android;
• any related feature, content, tool, integration, or service we make available.

We refer to all of the above together as the Platform.

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Platform, you confirm that you have read, understood, and agreed to be bound by these Terms and by our Privacy Policy, which is incorporated into this agreement by reference. If you do not agree, you must not use the Platform.

Some features are governed by additional terms presented to you at the point of use. Where additional terms apply, they supplement these Terms; if they conflict, the additional terms control for that feature only.

A note on how to read this. The panel at the top of this page is a plain-language summary written to help you orient yourself. It is not part of the agreement and it does not modify anything below. The sections that follow are what govern.

Definitions

Account — the credentials and profile that let you access the Platform.

Athlete — an individual who uses the Signa mobile application to follow a training plan, whether independently or under the guidance of a Coach.

Coach — a person or organisation that uses the Signa coaching platform to program for, communicate with, or manage Athletes.

Content — anything submitted, uploaded, generated, or transmitted through the Platform, including training plans, exercise descriptions, videos, images, messages, notes, check-ins, metrics, and feedback.

Credits — the prepaid units an Athlete or Coach may purchase to access certain metered features of the Platform.

Output — content generated by the Platform’s artificial-intelligence features in response to an input.

Subscription — a recurring paid plan giving a Coach access to the coaching platform at a given capacity tier.

Workspace — a Coach’s environment on the coaching platform, including its rosters, plans, and any additional coach seats it contains.

You — the individual accepting these Terms, and, where you accept on behalf of an organisation, that organisation.

Who may use Signa

You may use the Platform only if you can form a binding contract with us and are not barred from doing so under applicable law.

Age requirements.

• You must be at least 18 years old to create an Account of your own, to hold a Subscription, or to make any purchase through the Platform.
• An individual aged 14 to 17 may use the Athlete application only where a parent or legal guardian has reviewed and accepted these Terms on their behalf and supervises their use. The parent or guardian remains responsible for that use and for any charges incurred.
• We do not knowingly permit anyone under 14 to use the Platform or to have an Account. If we learn that we hold information about a person under 14 without the required parental consent, we will delete it. See Privacy of minors.

Coaches working with minors. A Coach who programs for a minor is responsible for obtaining the consent of that minor’s parent or legal guardian, for complying with every law that applies to working with minors in their jurisdiction, and for any professional-conduct or safeguarding obligation attached to their practice. Signa does not obtain that consent on a Coach’s behalf.

Professional standing. If you present yourself on the Platform as a certified, licensed, or registered professional, you represent that the certification, licence, or registration is current, in good standing, and valid in every jurisdiction where you provide services. We may ask you to substantiate it and may suspend an Account if you cannot. We do not verify credentials as a matter of course, and you should not read a Coach’s presence on the Platform as our verification of anything.

Your account

You agree to provide accurate, current, and complete information when you register and to keep it up to date. We may refuse, suspend, or close an Account where the information given is inaccurate or incomplete, or where we have reasonable grounds to believe it is.

You are responsible for:

• keeping your credentials confidential and not sharing them;
• every activity that occurs under your Account, whether or not you authorised it;
• notifying us immediately at legal@signacoaching.com of any unauthorised access or suspected breach of security.

Accounts are personal. You may not sell, rent, transfer, or share an Account, and you may not create an Account on behalf of anyone else except as expressly permitted for parents or guardians above, or for a Coach seat inside a Workspace you administer.

We may disable any username, password, or Account at any time where we reasonably believe you have breached these Terms, where required by law, or where continued access presents a risk to other users or to the Platform.

What Signa provides

Signa provides software. Specifically, we provide:

• a coaching platform where a Coach can build, assign, and adjust training programs, communicate with Athletes, and see how a roster is progressing;
• a mobile application where an Athlete can follow a plan, record sessions, log check-ins, and communicate with a Coach;
• features that use artificial intelligence to draft, adapt, and prescribe training, always subject to the section on Artificial intelligence features;
• billing, messaging, storage, and analytics infrastructure supporting the above.

We grant you a limited, revocable, personal, non-transferable, non-assignable, non-sublicensable, and non-exclusive right to access and use the Platform for its intended purpose and in accordance with these Terms and your plan’s capacity limits. No other right is granted, whether by implication, estoppel, or otherwise.

We do not provide coaching, medical care, physiotherapy, nutrition therapy, psychological services, or any other regulated professional service, and we do not hold ourselves out as qualified to do so.

The relationship between coaches and athletes

This section matters more than any other for understanding what Signa is.

Coaches are independent. A Coach who uses the Platform is not our employee, agent, partner, or representative, and has no authority to bind us. Coaches set their own methods, programming philosophy, prices, refund policies, availability, and terms of engagement with their Athletes.

We are not a party to the coaching relationship. Any agreement between a Coach and an Athlete — including anything about price, scope, duration, cancellation, or outcome — is strictly between them. We are not a party to it, we do not guarantee it, and we do not mediate it. Complaints about a Coach’s service, conduct, availability, or advice should be directed to that Coach.

We do not vet coaching. We do not review, approve, endorse, supervise, or take responsibility for the training plans, advice, cues, nutritional guidance, or opinions a Coach provides, whether authored by the Coach or adapted by them from an AI-generated draft. The Coach who assigns a plan is responsible for it.

Athletes exercise their own judgment. An Athlete remains responsible for deciding whether a plan is appropriate for them, for training within their capability, and for stopping when something is wrong.

Data roles. For personal information a Coach collects about their Athletes through the Platform, the Coach acts as the controller and Signa acts as a processor on the Coach’s instructions. The Coach is responsible for having a lawful basis for that collection and for responding to their Athletes’ privacy requests. See Coaches as independent controllers.

Coach subscriptions

Plans and capacity. Subscriptions are sold at published capacity tiers. Each tier limits the number of Athlete seats, Coach seats, and metered features available to a Workspace. A Workspace has a single owner, who may invite additional Coaches up to the tier’s limit. Seats are freed by deactivating a user, and freeing a seat does not entitle you to a refund or credit for the remainder of the period.

Billing cycle. Subscriptions are billed in advance — monthly Subscriptions at the start of each monthly period, annual Subscriptions at the start of each annual period — through our payment processor, Stripe.

Automatic renewal. Your Subscription renews automatically at the end of each period, for a further period of the same length, at the then-current published rate, unless you cancel before the renewal date. The renewal rate may differ from the rate you originally paid, subject to the notice described under Price changes below. You authorise us and our payment processor to charge your saved payment method for each renewal without further notice to or consent from you, except where notice is required by law.

Founding rates. Where we have offered you a rate described as a founding, launch, or legacy rate, we will honour it for as long as your Subscription remains continuously active on the plan it was granted for. Cancelling, allowing the Subscription to lapse, or moving to a plan the rate was not granted for releases it, and we are not obliged to reinstate it.

Price changes. We may change our fees. We will give you at least 30 days’ notice before a change applies to your Subscription, by email or in-product notice. The new price takes effect at your next renewal after the notice period. If you do not accept the new price, your remedy is to cancel before that renewal takes effect; continuing to use the Platform after the change takes effect is acceptance of it.

Upgrades and downgrades. Upgrading takes effect immediately and is charged on a prorated basis for the remainder of the current period. Downgrading takes effect at the next renewal. A downgrade that puts you below your current usage may deactivate seats or restrict features; it is your responsibility to bring your Workspace within the lower tier’s limits before the downgrade takes effect.

Credits and in-app purchases

What Credits are. Credits are a prepaid, limited licence to access metered features of the Platform. They are not money, currency, or property, they carry no cash value, and they cannot be redeemed for cash, sold, transferred between Accounts, or bequeathed except where the law requires otherwise.

How Credits are purchased. Depending on where you are and which application you are using, Credits may be purchased:

Coach Subscriptions are billed through Stripe only and are not sold as an in-app purchase.

Expiry. Credits included with a Subscription are available for the period they are granted for and, unless we state otherwise on the plan, expire one year after the Subscription is cancelled or downgraded. Purchased Credits expire in accordance with the terms displayed at purchase and, where the law of your jurisdiction restricts the expiry of prepaid balances, in accordance with that law.

Store rules. For any purchase made through the Apple App Store or Google Play, the store is the seller of record. Your purchase is additionally subject to that store’s terms, including its rules on auto-renewal, family sharing, price changes, and refunds. Refunds for in-app purchases must be requested from the store, not from us, and we cannot grant or reverse them. Subscription management and cancellation for store purchases is done in your store account settings.

Payment terms and taxes

Currency and taxes. Prices are exclusive of taxes unless stated otherwise. You are responsible for all applicable sales taxes, including GST and QST where they apply, and for any other duty or withholding imposed on your purchase, other than taxes on our income. You are responsible for any currency-conversion cost or foreign-transaction fee your card issuer charges.

Accurate payment information. You must keep a valid payment method on file for as long as you hold a paid plan, and you must promptly update it when it changes or expires.

Failed payments. If a charge is declined, we will attempt to notify you and you will have five (5) days to provide a working payment method. If payment is still outstanding after that, we may suspend paid features, downgrade the Workspace to a free tier, or suspend the Account.

Overdue amounts. Amounts that remain unpaid after they are due may bear interest at the lesser of 1.5% per month (18% per year) and the highest rate permitted by applicable law, calculated from the due date until paid. You are responsible for the reasonable costs we incur in collecting amounts properly owed, including reasonable legal and collection fees, to the extent permitted by law.

Disputes. If you believe you have been charged in error, contact us at legal@signacoaching.com within 60 days of the charge and we will investigate in good faith.

Cancellation and refunds

Cancelling. You may cancel a Subscription at any time from your Account settings, or from your store account for in-app purchases. There is no cancellation fee and no minimum commitment period.

Effect of cancelling. Cancellation takes effect at the end of the period you have already paid for. You keep access until then. Fees already paid are non-refundable and we do not prorate partial periods, except where a refund is required by applicable law, where we have expressly agreed otherwise in writing, or where we cancel the service ourselves without cause.

Your statutory rights are preserved. Nothing in this section limits any non-waivable right you have under the Consumer Protection Act (Quebec), under the consumer-protection law of your province, state, or country, or under the rules of the store you purchased through. Where those rules give you a right to cancel or be refunded that is more favourable than what is described here, that right applies.

Deleting your account. You may delete your Account at any time. Deleting an Account is not the same as cancelling a Subscription bought through a store — you must also cancel in the store, or it will keep renewing. See How long we keep information for what happens to your data afterwards.

Trials and promotional offers

We may offer free trials, discounts, or other promotions. Unless we say otherwise:

• a trial is available once per person and per organisation;
• a trial converts into a paid Subscription at the end of the trial period unless you cancel before it ends, and we will charge the payment method on file;
• we may modify, shorten, or withdraw a trial or promotion at any time before it begins, and may end a trial early where we detect abuse or where it was obtained by misrepresentation;
• promotional pricing applies only for the stated period and reverts to the standard rate afterwards.

Your content

You keep ownership. You retain all rights you already have in the Content you submit. We claim no ownership of your training programs, your videos, your messages, or your training history.

The licence you give us. To operate the Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence — sublicensable only to the service providers who host, transmit, store, and secure the Platform on our behalf — to host, store, reproduce, transmit, adapt in format, display, and distribute your Content, strictly for the purposes of:

• delivering the Platform to you and to the people you direct it to, such as an Athlete you assign a plan to;
• backing up, securing, and restoring the service;
• providing support you request;
• complying with a legal obligation.

This licence lasts only as long as we hold the Content, and it ends when the Content is deleted, subject to the retention periods described in our Privacy Policy and to copies your Coach, your Athletes, or other recipients have lawfully retained.

We do not sell your Content and we do not use it for third-party advertising.

De-identified data. We may create de-identified and aggregated data from Platform activity and use it to operate, secure, analyse, and improve our services. De-identified data does not identify you and we do not attempt to re-identify it.

Training our models. We do not use the identifiable Content of a Coach or Athlete — including health, body, and training data — to train general-purpose artificial-intelligence models without a separate, express, and revocable consent. Where you give that consent, you may withdraw it at any time from your Account settings or by writing to privacy@signacoaching.com, and withdrawal takes effect prospectively.

Your responsibility for Content. You represent that you own or have every right necessary to submit your Content and to grant the licence above, that it does not infringe anyone’s rights, and that it complies with Content standards. Content that is shared with others through the Platform — a group message, a shared program, a public exercise library entry — is not confidential once shared, and we cannot control what recipients do with it.

Content between Coaches and Athletes. A Coach may see the training and health information their Athletes record, including performance data, check-ins, notes, photos, and videos submitted for review. If that is not what you want, do not submit it.

Feedback and suggestions

If you send us ideas, suggestions, feature requests, or feedback about the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free, and sublicensable licence to use them for any purpose without compensation, attribution, or obligation of confidentiality. We will not treat feedback as your confidential information. Do not send us anything you are not free to give away on those terms.

Artificial intelligence features

Parts of the Platform generate, adapt, and prescribe training using artificial intelligence, including systems operated by third-party model providers acting as our service providers.

Output is a draft, not a decision. Output is generated by statistical models. It can be incomplete, out of date, inconsistent, or simply wrong, and it may not account for something important about the person it was generated for. Output must be reviewed by a qualified human before it is relied on. Where a Coach assigns AI-assisted programming to an Athlete, the Coach is responsible for reviewing it and for the plan they assign.

No professional advice. Output is not medical, physiotherapeutic, nutritional, psychological, legal, or financial advice, and no professional relationship is created by generating it.

No exclusively automated decisions with legal effect. We do not use automated processing alone to make decisions that produce legal effects for you or that significantly affect you. Where automated processing informs a decision about you, you have the right to be informed of it, to submit observations, and to ask that a human review it. See Artificial intelligence and automated processing.

Your inputs. What you type into an AI feature is transmitted to the model provider that serves it, under contractual terms restricting its use to serving your request. Do not enter information you are not permitted to disclose, including a third party’s personal or health information that you have no authority to share.

No guarantee of results. We do not warrant that Output is accurate, complete, appropriate for you, or capable of producing any particular training, performance, body-composition, or health result.

Health and safety disclaimer

Read this section before you train.

Signa does not practise medicine. We are not a healthcare provider, a medical device, or a substitute for one. Nothing on the Platform — no plan, no metric, no adaptation, no message, and no AI Output — is medical advice, diagnosis, treatment, or a professional evaluation of your condition.

Consult a physician first. Consult a physician or another qualified healthcare professional before beginning, changing, or intensifying any exercise, nutrition, supplementation, or recovery program, and particularly if you are pregnant or postpartum, are or have been injured, are managing a chronic condition, take medication, have a cardiac or metabolic condition, have a history of disordered eating, or are returning to training after time away.

Never disregard or delay medical advice because of something you read on the Platform. If you experience chest pain, shortness of breath, dizziness, fainting, or any symptom that concerns you, stop immediately and seek emergency medical attention. The Platform is not for emergencies and does not summon help.

You assume the risk. Physical training carries an inherent risk of injury, aggravation of an existing condition, and, in rare cases, death. By using the Platform you acknowledge that risk and accept that decisions about your training are made by you, in consultation with your Coach and your physician. To the fullest extent permitted by law, we disclaim responsibility for any adverse consequence resulting from your reliance on the Platform, on a plan delivered through it, or on a Coach.

Where your Coach is a regulated professional, the standard of care they owe you is theirs, and it is unaffected by the software they used to deliver it.

Acceptable use

You must not, and must not permit anyone else to:

• use the Platform in violation of any applicable federal, provincial, state, local, or international law, or in violation of our Privacy Policy;
• impersonate any person or entity, or misrepresent your affiliation with a person or entity, including Signa;
• exploit, harm, or attempt to exploit or harm a minor in any way;
• send unsolicited advertising, chain letters, spam, or any similar solicitation through the Platform;
• access the Platform by any automated means, including robots, spiders, scrapers, or scripts, other than through an interface we provide for that purpose;
• copy, monitor, extract, or index any part of the Platform without our written permission;
• reverse-engineer, decompile, or disassemble any part of the Platform, or attempt to derive its source code, except to the extent that restriction is unenforceable under applicable law;
• circumvent, disable, or interfere with any security, rate-limiting, authentication, or access-control feature;
• introduce any virus, trojan, worm, logic bomb, or other malicious or technologically harmful material;
• attack the Platform by denial-of-service or distributed denial-of-service;
• resell, sublicense, or make the Platform available to any third party except as expressly permitted by your plan;
• use the Platform to build a competing product or service, or to benchmark it for a competitor;
• take any action that imposes an unreasonable load on our infrastructure or that interferes with any other user’s use of the Platform.

Content standards

Content you submit must not:

• be defamatory, obscene, indecent, abusive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• promote sexually explicit material, violence, or discrimination on the basis of race, sex, gender identity, religion, nationality, disability, sexual orientation, or age;
• infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, or other right of any person;
• violate anyone’s legal rights, including privacy rights, or contain material that could give rise to civil or criminal liability;
• be likely to deceive, including by misrepresenting a qualification, an outcome, or an endorsement;
• promote an illegal activity, or advocate, promote, or assist an unlawful act;
• promote the use of medication or a controlled substance for a purpose it was not prescribed for, or present dangerous nutritional or weight-management practices as safe;
• give the impression that it emanates from or is endorsed by Signa when it does not.

Monitoring and enforcement

We have no obligation to monitor Content, but we may. We may, at our sole discretion and without notice:

• remove, refuse, restrict, or edit any Content for any reason, including that we believe it breaches these Terms or creates liability for us;
• take appropriate action in response to any Content, including reporting it to law enforcement;
• disclose your identity and information about your use of the Platform to a third party who claims that Content you posted violates their rights, or to a law-enforcement or regulatory authority acting under lawful authority;
• suspend or terminate your access, in whole or in part.

To the fullest extent permitted by law, you waive and hold us harmless from any claim resulting from action taken during or as a consequence of an investigation, and from action taken by law-enforcement authorities. We assume no liability for any failure to review Content before it is posted, or for any delay in removing it afterwards.

Termination

By you. You may stop using the Platform and delete your Account at any time.

By us. We may suspend or terminate your access immediately and without notice where you materially breach these Terms, where your use creates a legal or safety risk, where required by law, or where you fail to pay amounts due after the cure period. Where the circumstances allow, we will give you notice and an opportunity to fix the problem first.

Discontinuing the service. We may discontinue the Platform, or any part of it. If we discontinue a paid service you have prepaid for without cause, we will refund the unused portion of what you paid.

Effects of termination. On termination your right to access the Platform ends immediately. For 30 days afterwards, and provided the termination was not for a breach that makes it inappropriate, we will make a reasonable export of your Content available on request. After that period we delete or de-identify Content in accordance with our Privacy Policy. A Coach’s termination does not automatically delete an Athlete’s own Account or the Athlete’s independently held records.

Survival. The sections on Content licences, feedback, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and general provisions survive termination, along with any other provision that by its nature should survive.

Our intellectual property

The Platform and all of its content, features, and functionality — including its software, text, design, layout, graphics, interface, video, audio, and the selection and arrangement of all of it — are owned by Signa or its licensors and are protected by copyright, trademark, patent, trade-secret, and other intellectual-property law. Your Content is excluded from this section; it remains yours.

You may use the Platform only as these Terms permit. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Platform, except that you may temporarily cache pages in the ordinary operation of a browser, print or download a reasonable number of pages for your own non-commercial reference, and download the mobile application for use on a device you own or control.

You must not delete or alter any copyright, trademark, or other proprietary notice. If you breach this section, your right to use the Platform ends immediately and you must destroy any copy you have made.

Trademarks. Signa, the Signa logo, and our slogans are our trademarks. You may not use them without our prior written permission. Other names and marks appearing on the Platform belong to their respective owners.

Copyright complaints

We respect intellectual property and expect our users to do the same. If you believe Content on the Platform infringes your copyright, send a notice to legal@signacoaching.com including:

1. your name, address, telephone number, and email address;
2. identification of the work you claim has been infringed;
3. identification of the material you claim is infringing, with enough detail for us to locate it;
4. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law;
5. a statement that the information in the notice is accurate and, under penalty of perjury where that concept applies, that you are the owner or authorised to act on the owner’s behalf;
6. your physical or electronic signature.

We will process notices in accordance with the Copyright Act (Canada), including its notice-and-notice regime, and with the Digital Millennium Copyright Act where it applies. We terminate the Accounts of repeat infringers in appropriate circumstances. Knowingly making a material misrepresentation in a notice may expose you to liability.

Mobile application licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Signa mobile application on a device that you own or control, for your personal use, in accordance with these Terms and the usage rules of the store you obtained it from.

You may not: distribute or make the application available over a network where it could be used by multiple devices at once; rent, lease, lend, sell, sublicense, or transfer it; copy it except as permitted by this licence; or modify, reverse-engineer, or create derivative works of it, except to the extent that restriction is unenforceable under applicable law.

You are responsible for the device, the network, and any data charge incurred in using the application, and for keeping the application updated. We may stop supporting older versions or older operating systems.

Additional terms for Apple devices

The following applies where you obtain the application from the Apple App Store, and applies in addition to the rest of these Terms:

1. These Terms are between you and Signa only, not with Apple. Apple is not responsible for the application or its content.
2. The licence granted for the application is a non-transferable licence to use it on any Apple-branded product you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
3. Apple has no obligation to provide any maintenance or support for the application.
4. If the application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application.
5. Signa, not Apple, is responsible for addressing any claim by you or a third party relating to the application, including product-liability claims, claims that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer-protection or similar legislation.
6. Signa, not Apple, is responsible for investigating, defending, settling, and discharging any third-party claim that the application infringes that party’s intellectual-property rights.
7. You represent that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not on any US Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you as a third-party beneficiary.

Where you obtain the application from Google Play, your use is additionally subject to the Google Play Terms of Service, and Google is not responsible for the application.

Third party services

The Platform may link to, or integrate with, services we do not control — including app stores, payment processors, health and fitness applications, wearable devices, calendars, and communication tools.

Enabling an integration authorises us to exchange the relevant data with that service on your behalf. Your use of a third-party service is governed by that provider’s terms and privacy policy, not ours. We do not control those services, we do not endorse them, and we are not responsible for their content, availability, accuracy, security, or practices. If a provider changes or discontinues its service, an integration may stop working, and that is not a breach of these Terms by us.

Links to third-party sites are provided for convenience only, and you access them at your own risk.

Beta and early access features

We may offer features identified as beta, preview, early access, or experimental. Those features are provided as is, may be changed or withdrawn at any time, may contain defects, may not be supported, and are excluded from any service commitment or warranty we otherwise give. Do not rely on a beta feature for anything you cannot afford to lose, and treat any information we share with you about an unreleased feature as confidential.

Service availability and changes

We aim to keep the Platform available and to improve it continuously, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or withdraw any part of the Platform, temporarily or permanently, with or without notice, including for maintenance, security, or capacity reasons. Where a change materially reduces the functionality of a paid plan, we will give you reasonable notice and you may cancel and receive a refund of the unused prepaid portion.

You are responsible for arranging your own access to the Platform and for making sure everyone who accesses it through your connection knows and complies with these Terms.

Disclaimer of warranties

To the fullest extent permitted by law, the Platform is provided on an “as is” and “as available” basis, without warranty of any kind, whether express, implied, statutory, or otherwise.

We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement. We do not warrant that the Platform will meet your requirements, that it will be available, uninterrupted, secure, timely, or error-free, that defects will be corrected, that the Platform or the servers that make it available are free of viruses or other harmful components, or that any result obtained from the Platform will be accurate, complete, or reliable.

You are responsible for your own anti-virus measures and for maintaining your own backups of anything important to you.

Nothing in this section excludes or limits a warranty, condition, or right that cannot be excluded or limited under applicable law, including the legal warranties provided by the Consumer Protection Act (Quebec) and the Civil Code of Québec. Where those apply to you, they apply in full and this section is read subject to them.

Limitation of liability

To the fullest extent permitted by law, Signa, its affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business, goodwill, opportunity, use, or data, arising out of or relating to these Terms or the Platform, however caused and on any theory of liability, whether in contract, tort (including negligence), strict liability, or otherwise, and whether or not we were advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the amounts you actually paid us in the six (6) months immediately preceding the event giving rise to the claim, and (b) one hundred Canadian dollars (CAD $100).

These limits apply in the aggregate across all claims and are an essential basis of the bargain between us; our pricing reflects this allocation of risk.

These limits do not apply to liability that cannot be excluded or limited under applicable law, including liability for bodily or moral injury, for gross or intentional fault, for fraud, or under the non-waivable provisions of consumer-protection legislation. If you are a consumer in Quebec, nothing in this section deprives you of a right conferred by the Consumer Protection Act.

Indemnification

You agree to defend, indemnify, and hold harmless Signa, its affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, successors, and assigns from and against any claim, liability, damage, judgment, award, loss, cost, expense, or fee — including reasonable legal fees — arising out of or relating to:

• your breach of these Terms;
• your use of the Platform in a way not authorised by these Terms;
• your Content, including any claim that it infringes a third party’s rights;
• your violation of any law or of the rights of a third party;
• where you are a Coach: the coaching services you provide, the plans and advice you deliver, your professional obligations, and your handling of your Athletes’ personal information.

We may assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defence. This section does not apply to the extent the claim arises from our own fault, and it applies to you as a consumer only to the extent permitted by applicable consumer-protection law.

Dispute resolution

Talk to us first. Before starting formal proceedings, please contact us at legal@signacoaching.com with a description of the dispute and the resolution you are seeking. We will make a good-faith effort to resolve it within 30 days. Most problems are solved this way.

No mandatory arbitration for consumers. We do not require you to arbitrate. Nothing in these Terms prevents a consumer from bringing a dispute before the courts, and nothing here waives a consumer’s right to participate in a class action. This is deliberate: article 11.1 of the Consumer Protection Act (Quebec) makes clauses to the contrary unenforceable against consumers, and we do not attempt to work around it.

Time limit. To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action arises, failing which it is permanently barred. Where the applicable prescription period cannot be shortened by agreement — as is the case for many claims under the Civil Code of Québec — the statutory period applies instead.

Injunctive relief. Either party may seek injunctive or other equitable relief from a court of competent jurisdiction at any time, to protect intellectual property or confidential information.

Governing law and jurisdiction

These Terms, and any dispute arising out of or relating to them or to the Platform, are governed by the laws in force in the Province of Quebec and the laws of Canada applicable in it, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and we submit to the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Montréal, for any dispute — except that we may seek injunctive relief in any jurisdiction where necessary to protect our rights, and except that if you are a consumer, you may bring proceedings in the courts of the place where you are domiciled, and any non-waivable protection of the law of your place of residence continues to apply to you.

Local compliance. The Platform is operated from Canada. We make no representation that it is appropriate or available in any other jurisdiction. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local law, including data-protection and export-control law.

Changes to these terms

We may revise these Terms from time to time. When we do, we will update the “last updated” date at the top of this page.

For changes that materially affect your rights or obligations, we will give you at least 30 days’ notice by email or in-product notice before they take effect, unless the change is required to take effect sooner by law or to address a security risk. Continuing to use the Platform after the change takes effect is acceptance of the revised Terms. If you do not accept them, stop using the Platform and cancel your Subscription before they take effect.

We keep the date of each revision on this page so you can tell when the terms you agreed to were last changed.

General provisions

Entire agreement. These Terms, the Privacy Policy, and any additional terms presented for a specific feature constitute the entire agreement between you and Signa about the Platform, and supersede all prior understandings, whether written or oral.

Assignment. You may not assign or transfer these Terms or any right under them without our prior written consent. We may assign them in connection with a merger, acquisition, reorganisation, or sale of assets, on notice to you.

Severability. If any provision is held invalid, illegal, or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the rest of these Terms will remain in full force.

No waiver. Our failure to enforce a provision is not a waiver of it, and a waiver on one occasion is not a waiver on any other.

Force majeure. Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil unrest, labour dispute, failure of a public network or utility, government action, or a large-scale failure of a third-party provider.

Notices. We may give notice by email to the address on your Account, by in-product notice, or by posting on the Platform. Notices to us must be sent to legal@signacoaching.com.

Electronic communications. You consent to receive communications from us electronically, and you agree that electronic communications, agreements, and notices satisfy any legal requirement that they be in writing.

No third-party beneficiaries. Except for Apple as described in Additional terms for Apple devices, and except for the persons we indemnify, these Terms create no rights for any third party.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and us.

Language

These Terms are drawn up and published in both English and French. Ces conditions sont rédigées et publiées à la fois en anglais et en français. Both versions are equally authentic and neither prevails over the other; if you notice a difference in meaning between them, write to us at legal@signacoaching.com and we will clarify the intended meaning.

How to contact us

Signa Coaching Inc. — Province of Quebec, Canada.

For how we handle personal information, see our Privacy Policy.