Terms of Service

1. Who we are and this agreement

SpikeForge is operated by Auxova LLC, doing business as SpikeForge (“SpikeForge,” “we,” “us”). These Terms of Service (the “Terms”) are a binding agreement between us and the coaching practice that subscribes to SpikeForge (the “Practice,” “you”), and they also apply to every person who uses SpikeForge through a Practice.

The person who signs up for a Practice confirms that they have authority to bind the Practice to these Terms. By checking the box at sign-up, starting a trial, or using SpikeForge, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use SpikeForge.

2. Key terms

• Service: the SpikeForge platform, including each Practice’s practice website, portals and emails, and our related support.
• Practice Lead: a person the Practice authorizes to manage its account, users and subscription.
• Coaches: people the Practice adds to deliver coaching through the Service.
• Clients: the Practice’s prospects and coaching clients who use the Service.
• Users: Practice Leads, Coaches and Clients together.
• Practice Data: information that Users put into the Service, such as client records, session notes, goals, messages, files and practice content.

3. Accounts and eligibility

You must be at least 18 years old and able to form a binding contract to create a Practice or to act as a Practice Lead or Coach. You must give accurate sign-up and billing information and keep it current.

Each User signs in with their own account. Keep your password secure and do not share accounts. The Practice is responsible for its Users’ activity in the Service, for deciding who gets access, and for removing access when someone should no longer have it. Tell us promptly at support@spikeforge.com if you believe an account has been compromised.

4. Plans, free trial, billing and automatic renewal

Our plans, their monthly prices and the number of Coaches each plan includes are listed on our pricing page. Large Practice plans are priced by agreement with us.

Free trial. Self-serve plans start with a 14-day free trial. We collect a payment card when you start the trial and charge nothing during it. Unless you cancel before the trial ends, your subscription starts automatically and your card is charged the plan’s monthly price plus applicable taxes on the day the trial ends. A Practice can receive one free trial; reactivating a canceled subscription does not start a new trial.

Automatic renewal. Subscriptions are billed monthly in advance and renew automatically each month at the then-current price until you cancel. When you sign up or reactivate, we ask you to agree to these automatic renewal terms separately from these Terms, and we keep a record of that agreement. You authorize us and our payment processor, Stripe, to charge your payment method for each renewal and for applicable taxes.

Subscription emails. We email Practice Leads a confirmation when a subscription starts, with its price, billing frequency, renewal terms and how to cancel; a reminder before a free trial ends; and, once a year, a reminder of the subscription’s renewal terms and how to cancel.

Taxes. Prices do not include taxes. We collect sales tax and similar taxes where we are required to, based on your billing address.

Plan limits and changes. Each plan includes up to a set number of active Coaches. You can change plans at any time from the Subscription page of your Practice portal; changes are prorated by Stripe. If you move to a plan that includes fewer Coaches than you have, you cannot add more Coaches until you are within the new plan’s limit.

Price and term changes. We will tell Practice Leads by email between 7 and 30 days before a price increase or another change to a subscription’s terms takes effect. If you do not agree, you can cancel before the change applies.

Failed payments. If a renewal payment fails, Stripe retries it and we ask you to update your card; your Practice keeps working while payment is retried. If payment still cannot be collected, the subscription is canceled and the Practice is suspended as described in section 6.

5. Cancellation and refunds

A Practice Lead can cancel at any time online, from the Subscription page of the Practice portal (“Cancel subscription”), or by emailing support@spikeforge.com; you never need to speak to anyone to cancel. Cancellation takes effect at the end of the current trial or billing period, and the Practice keeps full access until then. No further charges are made after cancellation takes effect; if you cancel during a free trial, you are not charged at all.

Fees already paid are not refundable, and we do not give refunds or credits for partial months, unused Coach seats or downgrades, except where the law requires otherwise.

6. When a subscription ends

When a subscription is canceled and its paid period has ended, the Practice is suspended: Coaches and Clients can no longer use the Practice’s portals, and its practice website, booking pages and directory listings are taken offline. Practice Leads can still sign in to reactivate the Practice by starting a new paid subscription, which is charged when it starts.

We keep Practice Data of a suspended Practice so that it can be reactivated, unless a Practice Lead asks us to delete it. A Practice Lead may ask for a copy or deletion of Practice Data at support@spikeforge.com; we handle requests as described in our Privacy Policy.

7. Practice Data and your responsibilities to Clients

The Practice owns its Practice Data. You give us permission to host, store, copy, transmit and display Practice Data only as needed to provide, secure and support the Service, to comply with law, and as described in our Privacy Policy. For personal information about Clients and Coaches that the Practice puts into the Service, we act on the Practice’s behalf.

The Practice is responsible for its Practice Data and its relationships with Clients and Coaches, including: having a lawful basis and any consents and notices needed to collect and use Client information in the Service; the accuracy of what it publishes on its practice website; responding to its Clients’ requests about their information; and complying with laws that apply to its coaching business.

8. Health and other sensitive information

SpikeForge is a practice management tool for coaching. It is not designed or offered for medical, mental health or other health care services. Auxova LLC is not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act (HIPAA), and we do not sign business associate agreements.

You must not enter protected health information (as defined under HIPAA) into the Service, and you must not use the Service to store government identification numbers, full payment card numbers (cards are entered only in Stripe’s secure forms), or other information whose storage requires security or compliance measures that these Terms do not describe.

SpikeForge does not provide coaching, counseling, or medical, legal or financial advice. Coaching services are provided by the Practice and its Coaches, who are solely responsible for them.

9. Payments from Clients

Where the Service lets a Practice accept online payments from its Clients, those payments are processed by Stripe and are also subject to Stripe’s terms. The Practice sets its own prices and refund policy for its Clients and is responsible for them, including refunds and disputes.

10. Acceptable use

You and your Users must not:

• break any law or anyone’s rights, or use the Service for deceptive, harassing or harmful purposes;
• send spam or unsolicited messages through the Service;
• upload malicious code, or probe, scan or test the Service’s security without our written permission;
• access another Practice’s data, or interfere with or overload the Service;
• circumvent plan limits, billing, or the security checks on our forms;
• resell or provide the Service to third parties other than your own Users; or
• copy, reverse engineer or build a competing product from the Service, except as the law allows.

11. Third-party services

The Service relies on third-party providers, including Stripe for payments and taxes, and the hosting, email, bot-protection and analytics providers listed in our Privacy Policy. Your use of features those providers power may also be subject to their terms. We are not responsible for services we do not control.

12. Our intellectual property and feedback

We and our licensors own the Service, including its software, design and content other than Practice Data. During your subscription we grant the Practice and its Users a limited, non-exclusive, non-transferable right to use the Service under these Terms. If you send us suggestions or feedback, we may use them without obligation to you.

13. Suspension and termination by us

We may suspend or terminate access for a User or a Practice if they materially breach these Terms, fail to pay, or if their use creates a security, legal or operational risk for the Service or others. Where reasonable, we will give notice and a chance to fix the problem first. If we end the Service for a Practice without cause, we will refund any prepaid fees for the unused part of the current billing period.

14. Disclaimers

We work to keep the Service available, secure and accurate, but except as expressly stated in these Terms the Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Service will be uninterrupted or error-free.

15. Limitation of liability

To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of their possibility; and (b) our total liability arising out of or relating to these Terms or the Service is limited to the amount the Practice paid us for the Service in the 12 months before the event giving rise to the claim. These limits do not apply where the law does not allow them.

16. Indemnification

The Practice will defend and indemnify Auxova LLC against third-party claims, and the resulting losses and reasonable costs, arising from the Practice’s Practice Data, its coaching services, its dealings with its Clients and Coaches, or its or its Users’ breach of these Terms or of the law.

17. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. The state and federal courts located in Hillsborough County, Florida have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to their jurisdiction. Before filing a claim, please contact us at support@spikeforge.com so we can try to resolve it informally.

18. Changes to these Terms

We may update these Terms. We will post the new version on this page with its effective date and, for material changes, notify Practice Leads by email between 7 and 30 days before they take effect. Continuing to use the Service after the effective date means you accept the updated Terms; if you do not, you can cancel your subscription.

19. General

These Terms and the Privacy Policy are the entire agreement between the parties about the Service. If a provision is unenforceable, the rest remains in effect. Failing to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control. We send notices to the Practice Lead’s email address on file; send notices to us at support@spikeforge.com.

20. Contact

Auxova LLC, doing business as SpikeForge. Questions about these Terms: support@spikeforge.com.