Terms & Conditions
Apollo Coaching Group,” “Apollo,” “we,” “us,” and “our” mean Apollo Coaching Group and each of its owners, officers, employees, individual coaches, contractors, agents, and affiliates (together, our “Personnel”). “You” and “your” mean the person who accesses or uses the Services. “Services” means apollocoachinggroup.com and all related content, tools, quizzes, coaching, programs, communities, and communications we provide.
Last updated: September 28th, 2025
SECTION 1 — Scope, Eligibility, and Non-Clinical Nature of Services
1.1 Who we are and what these Terms cover
These Terms of Service govern your access to and use of apollocoachinggroup.com and all related content, tools, quizzes, emails, programs, coaching, communities, and other services we provide (the “Services”). “Apollo,” “we,” “us,” and “our” include Apollo Coaching Group and our Personnel (see Parties and defined terms).
1.2 Eligibility (18+)
You must be 18 years or older and able to enter a binding contract to use the Services. By using the Services, you confirm you meet these requirements and that any information you provide is accurate and kept current.
1.3 Emergency and crisis situations
The Services are not designed for emergencies or crisis intervention. If you are in immediate danger or experiencing a mental-health crisis, call your local emergency number or a crisis line in your country. In the U.S., you can dial or text 988 (Suicide & Crisis Lifeline).
1.4 Non-medical and non-clinical nature of the Services
Apollo provides educational coaching and self-improvement tools focused on relationships and personal development. We are not a healthcare provider and do not deliver clinical care. Without limitation, Apollo and our Personnel:
are not acting as licensed therapists, psychologists, psychiatrists, counselors, or physicians;
- Do not diagnose, treat, cure, or prevent any mental or physical health condition;
- Do not provide medical, psychological, or clinical treatment or advice;
- Do not create medical records or protected health information under HIPAA; and
- Do not undertake any duties of care that attach to a provider–patient relationship.
1.5 No provider–patient relationship
Your use of the Services—including completing any assessments or quizzes and receiving recommendations—does not create a therapist–patient, physician–patient, or other clinical relationship with Apollo or with any of our Personnel.
1.6 Scope and purpose
Our coaching, assessments, and educational materials are intended to support learning, reflection, goal setting, accountability, and skill practice in the context of attachment theory and relationship dynamics. They are offered for informational and educational purposes only and are not a substitute for therapy, counseling, medical care, legal advice, financial advice, or any other professional service.
1.7 Your commitments when using the Services
By using the Services, you acknowledge and agree that:
- You are not seeking medical or clinical treatment from Apollo or our associated coaches;
- You will seek timely help from a licensed professional for any health concerns;
- You will not rely on the Services for diagnosis, treatment, or emergency support;
- You understand that results and recommendations are educational and may not fit every situation;
- You are responsible for your own decisions, actions, and outcomes.
1.8 HIPAA status and Consumer Health Data
Apollo is not a HIPAA covered entity and does not act as a HIPAA business associate unless we have a separate written agreement that says otherwise. Some jurisdictions classify certain personal information related to mental or relationship health as Consumer Health Data (CHD). Our handling of such data is described in our Privacy Policy and our Consumer Health Data Notice, and we obtain any required consent before collecting or sharing that information with service providers.
1.9 No services for or about minors
The Services are for adults 18+. Do not submit data for or about a minor through the Services, and do not attempt to administer our assessments to a minor.
1.10 Acceptance of Terms
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
SECTION 2 — Acceptable Use
2.1 Use the Services lawfully and respectfully
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Break the law. Violate any applicable federal, state, local, or international law or regulation.
- Impersonate or misrepresent. Impersonate any person or entity, misstate your identity, or falsely imply affiliation with Apollo or our Personnel.
- Harass or harm. Post, transmit, or engage in conduct that is abusive, harassing, threatening, defamatory, discriminatory, or otherwise harmful.
2.2 Security and integrity
You agree not to:
- Introduce malware. Upload or transmit viruses, worms, spyware, ransomware, or other malicious code.
- Disrupt operations. Interfere with or burden the Services (e.g., denial-of-service attacks, flooding, mail-bombing).
- Bypass controls. Attempt to probe, scan, or test the vulnerability of any system or network, break or circumvent authentication or security measures, or access features or data you are not authorized to access.
- Reverse engineer. Decompile, disassemble, or reverse engineer any part of the Services, except to the limited extent a law expressly permits despite this restriction.
2.3 Automated access, scraping, and data extraction
You agree not to:
- Use bots without permission. Access or use the Services with any automated means (e.g., bots, spiders, crawlers, or scripts) without our prior written consent.
- Scrape or harvest. Copy, scrape, or extract data, content, or quiz items (including prompts, answer choices, scoring logic) for any purpose other than your personal use of the Services.
- Frame or clone. Frame, mirror, or replicate the Services without our written consent.
2.4 Proper use of assessments and minors
You agree not to:
- Administer for others without consent. Submit quiz or assessment responses on behalf of another person unless they knowingly participate and give express permission.
- Use with minors. Use the Services for, by, or about anyone under 18. Do not attempt to collect, submit, or analyze data about minors through the Services.
2.5 Consumer Health Data (CHD) and sensitive information
You agree not to:
- Submit CHD without consent. Provide quiz responses or other information that some states classify as Consumer Health Data unless you first provide the required consents on our Review & Consent screen.
- Upload unnecessary sensitive data. Submit social security numbers, government IDs, bank account numbers, medical records, or other highly sensitive content anywhere the Services do not explicitly request it.
2.6 Intellectual property and content usage
You agree not to:
- Copy or republish content. Reproduce, modify, distribute, publicly display, or create derivative works from the Services or any content in them (including quiz questions and scoring logic) except as allowed by a written license from Apollo.
- Commercialize without permission. Resell, rent, or sublicense access to the Services; use them to build or train competing products; or use them in a way that infringes our or any third party’s rights.
2.7 Community areas and submissions (if applicable)
Where the Services allow comments, communities, or submissions, you agree to follow any posted community guidelines and not to post illegal, infringing, offensive, or confidential content you don’t have a right to share. You are responsible for what you post.
2.8 No recording without consent (sessions, calls, meetings)
Do not record coaching sessions or calls with Apollo or our Personnel unless everyone on the call has given express consent. If a session is recorded with consent, our Privacy Policy and CHD Notice govern how recordings, transcripts, or AI-assisted summaries are handled.
2.9 Enforcement
We may investigate suspected violations, remove or disable content, and suspend or terminate access to protect the Services, our users, and the public. We may also cooperate with law enforcement where required or appropriate.
2.10 Reporting
To report abuse, security issues, or violations of these Terms, contact [email protected]. If reporting a security vulnerability, please provide enough detail for us to reproduce and assess the issue.
SECTION 3 — Intellectual Property & License
3.1 Ownership of the Services and Materials
The Services, and all content and materials within them, are owned by Denon Maximchuk or our licensors and are protected by U.S., Canadian, and international laws. This includes, without limitation: text, copy, educational materials, designs, page layouts, images, video and audio, graphics, logos, icons, trademarks and trade dress, domain names, software and code, databases, and all assessment/quiz materials (including questions, answer options, scoring rules/weights, scoring logic, result categories, explanatory text, and related copy).
3.2 Trade secrets: quiz logic and internal methods
Our quiz scoring logic, item banks, and result-mapping rules are proprietary trade secrets of Denon Maximchuk. You agree not to disclose, deconstruct, reverse engineer, or attempt to derive our scoring rules or internal methods.
3.3 Your limited license to use the Services
Subject to these Terms, Denon Maximchuk grants you a personal, limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own educational purposes. Except for this limited license, no rights are granted. We may suspend or revoke this license at any time for violations.
3.4 Restrictions (what you may not do)
You will not, and will not permit anyone else to:
- Copy or republish Service content (including quiz items and result text) except for your own non-commercial, personal use as the Services present it to you;
- Modify, adapt, translate, or create derivative works from the Services or any content within them;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, algorithms, or internal logic (including scoring rules) except to the limited extent a law expressly permits;
- Scrape, harvest, or bulk export content or data (including item text and answer sets), or use automated means to access the Services without our prior written consent;
- Frame, mirror, or clone any portion of the Services;
- Commercialize any Service content (including training a model, building a competing tool, or selling study guides/derivatives) without our written permission;
- Remove or alter any copyright, trademark, or other proprietary notices.
3.5 User content vs. Denon Maximchuk content
As between you and Denon Maximchuk, you retain ownership of your own content that you submit through the Services (e.g., your quiz inputs, comments, testimonials). Denon Maximchuk retains ownership of Denon Maximchuk content (Section 3.1). Your content license to us is addressed in Section 7 (Your content).
3.6 Trademarks and brand use
“Denon Maximchuk Coaching Group” our logos, and any other Denon Maximchuk names, marks, graphics, and trade dress are trademarks or trade dress of Denon Maximchuk. You may not use our names or logos (including in ads, metatags, handles, or domain names) without our prior written consent. Third-party names/logos appearing in the Services are the property of their respective owners.
3.7 Third-party components and open source
Parts of the Services may include or interact with third-party code, APIs, SDKs, or open-source components governed by their own licenses. To the extent required, those licenses apply to the relevant components and will govern in case of conflict with these Terms for that component only.
3.8 Feedback and suggestions
If you send ideas, suggestions, or feedback (collectively, “Feedback”), you grant Denon Maximchuk a perpetual, irrevocable, worldwide, royalty-free, sub-licensable license to use, copy, modify, and commercialize the Feedback without obligation to you. Do not send Feedback you consider confidential or proprietary.
3.9 Copyright complaints (Canada & U.S.)
We respect intellectual property rights and respond to credible copyright complaints. For Canada, follow the “How to report” process below. For the United States, we also accept notices formatted under the Digital Millennium Copyright Act (DMCA).
How to report alleged infringement (all regions)
Email [email protected] with:
- Your full name and contact information;
- Identification of the copyrighted work you own/control;
- The exact location (URL) of the material on our Services you claim is infringing;
- A statement that you have a good-faith belief the use is not authorized; and
- A statement that the information in your notice is accurate and that you are the owner or authorized to act for the owner.
Additional information for U.S. (DMCA) notices
If you are submitting a U.S. DMCA notice, please also include your physical or electronic signature and the statements required by 17 U.S.C. § 512. We may remove or disable access to the material and notify the user. We may accept a counter-notification as permitted by law and, where appropriate, restore the material.
Note: Denon Maximchuk is a Canadian. We accept DMCA-formatted notices at the email above, but we have not designated or registered a U.S. DMCA agent. If we later register an agent, we will update this section with that agent’s contact details.
3.10 Reservation of rights
All rights not expressly granted in these Terms are reserved by Denon Maximchuk and our licensors. No ownership or title in or to the Services or any content is transferred to you.
SECTION 4 — Your Content
4.1 What “Your Content” means
“Your Content” means anything you submit or upload through the Services, including quiz inputs, text answers, messages, form fields, comments, testimonials, ratings, filenames, and any other material you provide.
4.2 You keep ownership
As between you and Apollo, you own Your Content. These Terms do not transfer ownership of Your Content to us.
4.3 License you grant to Apollo (to operate the Services)
To run and improve the Services, you grant Apollo a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, process, adapt, translate, analyze, display, and distribute Your Content solely to:
deliver the Services (for example, compute and show quiz results, send emails you request)
troubleshoot, secure, and maintain the Services
improve quality, reliability, and user experience (including analytics and QA)
comply with law and enforce these Terms
This license lasts only as long as we maintain Your Content under our retention policies (see 4.9) or until you delete it (see 4.8), subject to lawful needs (for example, dispute resolution, backups).
4.4 De-identified and aggregate use
We may create and use de-identified or aggregate data derived from Your Content (and other users’ content) for analytics, research, education, and marketing. We will not attempt to re-identify de-identified data, and we will not publicly disclose aggregate findings in a way that reasonably identifies you.
4.5 Testimonials and public statements (optional, controlled)
If you provide a testimonial or review and explicitly allow us to use it publicly (for example, by checking a box or replying “yes” to a request), you grant Apollo a non-exclusive, worldwide, royalty-free license to use that testimonial, your first name or initials, and general location (for example, “Toronto, ON”) in marketing. You can revoke this permission at any time by emailing [email protected]; we will stop new uses and remove it from our website within a reasonable time, though prior printed or cached copies may persist.
4.6 Please don’t upload highly sensitive data
Do not upload or include Social Insurance or Social Security numbers, government ID numbers, full payment card numbers, bank account numbers, medical records, or other information the Services do not request. If you include such data anyway, you do so at your own risk and you authorize us to handle it as part of Your Content under these Terms.
4.7 Your responsibilities and promises (representations and warranties)
You represent and warrant that:
- You have the necessary rights to submit Your Content and to grant the licenses above
- Your Content and your use of the Services do not infringe or violate any third-party rights or laws
- You will not submit content for or about minors
- You will not submit content on behalf of another person without their knowledge and express consent
- Your Content will comply with Section 2 (Acceptable Use)
4.8 Editing, removal, and deletion
You may edit or request deletion of Your Content where the Services provide controls or by contacting [email protected]. When you delete Your Content, we will remove it from active systems within a reasonable time. Copies may remain in backups, archives, and logs for a limited period per our retention schedule (see 4.9) and may be retained as needed to comply with law, enforce Terms, or resolve disputes.
4.9 Retention and backups
We retain Your Content (including quiz responses) consistent with our Privacy Policy and Consumer Health Data Notice. Typical retention for quiz responses is up to {e.g., 3 years} unless you request earlier deletion or law requires longer or shorter periods. Backups are rotated on scheduled cycles; deleted items may persist until the relevant backup cycle completes.
4.10 Our ability to moderate
We may refuse, remove, or restrict access to Your Content that we reasonably believe violates law or these Terms or poses risk to users, the public, or the Services. We may also suspend accounts involved in repeated or egregious violations.
4.11 No confidential relationship
Unless we say so in a signed agreement, submitting Your Content does not create a confidential, fiduciary, or clinician-patient relationship with Apollo or our Personnel. For privacy and CHD specifics, see our Privacy Policy and Consumer Health Data Notice.
4.12 Interaction with privacy and CHD rights
Nothing in this Section limits your rights under our Privacy Policy or Consumer Health Data Notice (for example, consent, access, deletion). Where a conflict exists between this Section and those policies regarding personal or Consumer Health Data, the Privacy Policy or CHD Notice controls to the extent required by law.
SECTION 5 — Purchases, Payments, Refunds, and Subscriptions
5.1 Offers and pricing
Prices, inclusions, and term lengths are shown at checkout or in your order/booking confirmation. Unless we expressly state otherwise for a specific offer, the default terms in this Section 5 apply.
5.2 Payment authorization
By submitting an order, you authorize Apollo and our payment processors to charge your selected payment method for all amounts due (including applicable taxes). You represent you are authorized to use that method and agree to keep billing details current.
5.3 Digital products (immediate access)
- Digital products (for example, downloads, courses, toolkits) are delivered immediately or within a short time after purchase.
- All digital product payments are non-refundable.
By purchasing, you request immediate delivery and agree that any statutory cooling-off right (if applicable) may end upon delivery.
5.4 1:1 coaching sold as a monthly subscription
Monthly 1:1 coaching is sold as an auto-renewing subscription that bills each month until you cancel.
- Auto-renewal — your subscription renews on the same calendar day each month (or nearest available day).
- Cancellation — you must cancel before the renewal date to avoid the next charge. Cancellations take effect at the end of the then-current paid month; no partial-month refunds.
- Scheduling — you are responsible for booking your sessions within the paid month (see Section 6 for reschedule/no-show rules).
- Our role — you have agreed to a monthly subscription. It is not our responsibility to chase you to schedule, reschedule, or use sessions. Unused time does not carry over automatically unless converted to credits under 5.6.
5.5 No refunds (baseline policy)
Except where a specific offer page expressly provides a guarantee, all payments are final and non-refundable, including for missed sessions, no-shows, late cancellations, and unused time.
5.6 Pause, cancellation, and credits (unused coaching time)
If you pause or cancel coaching before using scheduled calls in your current paid month:
We may convert the unused portion of that month’s coaching into account credits at our discretion.
- Credits are valid for six (6) months from issuance, after which they expire.
- Credits are non-refundable, non-transferable, and may be applied only to eligible Apollo coaching services specified at issuance.
- Credits do not accrue interest, cannot be redeemed for cash, and may not be used to pay prior balances.
Subscription billing continues until you cancel under 5.4. Pausing sessions does not cancel billing unless we confirm a billing pause in writing.
To request a pause or credit conversion, email [email protected] before the end of your current paid month.
5.7 Failed payments and access
If a charge fails, we may retry, ask you to update your method, and suspend access (including scheduling) until payment is successful. We may terminate the subscription for continued non-payment. You remain responsible for amounts already incurred.
5.8 Price changes
We may change subscription pricing prospectively. We will provide notice and the effective date. If you do not agree, cancel before the change takes effect; continued use after the effective date means you accept the new price.
5.9 Taxes
You are responsible for all applicable taxes, duties, and similar charges, which may be added at checkout based on your billing address and applicable law.
5.10 Chargebacks and disputes
If you initiate a chargeback we may suspend access while the matter is investigated. We reserve the right to dispute chargebacks that are inconsistent with these Terms or the documented service delivery.
5.11 Coupons, promotions, and gifts
Unless stated otherwise in the specific offer, promotions cannot be combined, are not retroactive, and may be limited to new customers or specific plans. Promotional value may expire as stated in the offer.
5.12 Statutory rights
Nothing in this Section limits any non-waivable consumer rights you may have under applicable law in your location. Where a specific offer provides a written guarantee or refund window, that offer-specific term controls for that product only.
5.13 Billing questions
For billing questions, cancellation, or to request a pause or credit conversion, email [email protected]. Include the email used for purchase and your next renewal date so we can assist quickly.
SECTION 6 — Scheduling, Rescheduling, Cancellations, and No-Show Policy
6.1 Booking and confirmation. Sessions are scheduled through our designated online scheduler. A booking is confirmed when you receive the calendar invite and/or confirmation email. If you do not receive confirmation within a reasonable time after submitting a booking, contact [email protected] before the scheduled time; otherwise the slot may not be held.
6.2 Session format and length. Unless stated otherwise at booking, sessions are conducted virtually by video or phone and run for the length shown in the scheduler. If you arrive late, the session still ends at the original end time.
6.3 Time zones and responsibility to verify. The scheduler and calendar invites display times based on your device or selected time zone. You are responsible for confirming the correct local time. Missed sessions due to time-zone errors are treated as no-shows.
6.4 Technology and environment requirements. You are responsible for having a stable connection, updated software, working audio/video, and a private, distraction-free environment. If technical issues on your side prevent a meaningful session, the time may be treated as used. If widespread platform outages or issues on our side occur (see 6.12), we will reschedule without penalty.
6.5 Rescheduling by you. You may reschedule a session with at least 24 hours’ notice prior to the scheduled start time using the reschedule link in your confirmation email or by emailing [email protected]. Requests received with less than 24 hours’ notice are late cancellations (see 6.7).
6.6 Grace period and late arrival. Please join on time. A 10-minute grace period is allowed. If you join within the grace period, the session will still end at the originally scheduled time. Arrivals after 10 minutes may be marked as a no-show at our discretion.
6.7 Late cancellations and no-shows. Cancelling within 24 hours of the scheduled start time or failing to attend is a no-show. Late cancellations and no-shows are forfeited and non-refundable. It is your responsibility to schedule, reschedule, and attend sessions; we do not chase appointments.
6.8 Repeated no-shows or excessive rescheduling. Two or more no-shows or repeated last-minute reschedules may result in suspension of scheduling privileges or termination of services under Section 21 (Termination or Suspension). Any remaining time is handled per Section 5 (Purchases, Payments, Refunds, and Subscriptions).
6.9 Rescheduling or cancellation by us. If we must reschedule or cancel, we will notify you as soon as practicable and (a) honor the full session at a new time, or (b) apply a credit consistent with Section 5.6. If delay or cancellation is due to a force-majeure-type event or platform outage, see 6.12.
6.10 Pauses, cancellation of subscriptions, and credits. If you pause or cancel a coaching subscription before using booked sessions, any eligible unused time may be converted to credits per Section 5.6. Credits are valid for six (6) months from issuance, non-transferable, and not redeemable for cash. Pausing sessions does not pause billing unless we confirm a billing pause in writing.
6.11 Banking and expiration of unused sessions. Unused sessions do not automatically roll over between billing cycles. Only when converted to credits under Section 5.6 do they remain available, subject to the six-month expiry.
6.12 Platform outages and coach-side technical issues. If a session is materially impacted by (a) outages of the video platform, calendar provider, or our internet/service on our side, or (b) an error attributable to us, we will reschedule the affected time at no additional cost or apply a credit consistent with Section 5.6. This does not apply to issues on your side (see 6.4).
6.13 Holidays and blackout dates. We may designate holidays or blackout periods during which sessions are unavailable. If a session was inadvertently scheduled during such a period, we will reschedule at no penalty.
6.14 Conduct and safety. You agree to maintain professional conduct and an appropriate environment during sessions. Harassment, abuse, recording without consent, or unsafe behavior may result in immediate termination of the session and treatment as time used, and may trigger suspension or termination under Section 21.
6.15 Recording and summaries. Sessions are not recorded unless everyone present gives express consent at the start. If recorded or summarized (including AI-assisted summaries), handling is governed by the Privacy Policy and Consumer Health Data Notice. An unrecorded option will be offered if you do not consent.
6.16 How to communicate scheduling changes. Use the reschedule link provided in your confirmation where available. If you cannot access the link, email [email protected] with your full name, booking email, session date/time, and the requested change. A change is effective only when you receive written confirmation.
6.17 Proof of notice. If there is a dispute about whether notice was timely, we may rely on our system timestamps, email headers, and scheduler logs as authoritative records.
6.18 Emergency exceptions. We understand true emergencies occur. If you experience a bona fide emergency that prevents attendance, email [email protected] with a brief explanation as soon as reasonably possible. We may, at our discretion and as a one-time courtesy, waive a late-cancellation/no-show consequence and reschedule; repeated requests may be declined.
6.19 No transfer or resale. Booked sessions and any credits are personal to you and may not be transferred, assigned, or resold without our prior written consent.
6.20 Relationship to refunds and billing. This Section governs scheduling mechanics only. Refunds, credits, and ongoing billing obligations are governed by Section 5. Nothing in this Section creates a refund right where Section 5 states payments are non-refundable.
SECTION 7 — Program and Feature Changes; Availability; Inaccuracies
7.1 Right to modify or discontinue. We may add, change, or discontinue any part of the Services (including features, content, pricing displays, and interfaces) at any time for operational, security, legal, or business reasons. We do not guarantee the continued availability of any particular feature or roadmap item.
7.2 No obligation to maintain specific features. References to planned features, improvements, or roadmaps are for information only and are not commitments. We may decline to build or continue any feature, and we may reconfigure tiers or eligibility requirements.
7.3 Beta and experimental features. From time to time we may make beta, preview, or experimental features available. Such features may be incomplete or change rapidly, may be offered at no charge or at a discount, and are provided “as is” without any promise of continuity. We may enable or disable access at our discretion.
7.4 Maintenance windows and service interruptions. The Services may be unavailable during scheduled or emergency maintenance, platform updates, or provider outages. We aim to schedule maintenance during off-peak hours where practicable, but we do not warrant uninterrupted availability.
7.5 Third-party dependencies. Parts of the Services rely on third-party platforms and providers (for example, hosting/CDN, scheduling, video, email, analytics, payments). Changes or outages at these providers may affect the Services. We are not responsible for third-party acts or omissions beyond our reasonable control.
7.6 Accuracy of information; corrections. Content on the Services may occasionally contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing displays, availability, or scheduling links. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice
.
7.7 No duty to update. Except where required by law, we do not undertake to update content on a particular schedule. The presence of outdated information does not create an obligation to update it.
7.8 Geographic and user-based limitations. We may limit the Services (or certain features) by geography, language, regulatory requirement, risk profile, or account history. Access from certain locations may be restricted due to legal, technical, or business constraints.
7.9 Performance management and A/B testing. We may conduct load balancing, rate limiting, or A/B tests that alter how features appear or perform for subsets of users. Such tests are part of normal operation and may be started or stopped without notice.
7.10 Discontinuation of a paid recurring service. If we permanently discontinue a paid, recurring Service during your then-current paid period and do not offer a substantially equivalent alternative, we will provide a pro-rata credit or refund for the unused portion of that period, consistent with Section 5 and subject to any force-majeure provisions that apply.
7.11 Relationship to refunds and billing. Except as stated in Section 7.10 or expressly provided in Section 5 for a specific offering, changes to features or availability do not create refund rights. Your ongoing billing obligations are governed by Section 5.
7.12 Interaction with force majeure. Service interruptions caused by events beyond our reasonable control are addressed by the force-majeure provisions that will appear in Section 27. In such cases, performance may be suspended and the remedies in that section will apply.
SECTION 8 — Coaching Agreement Precedence and Integration
8.1 Separate coaching agreements. Certain coaching engagements may require you to sign a separate Coaching Services Agreement (the “Coaching Agreement”) at or after purchase. The Coaching Agreement sets the specific scope, deliverables, schedule, and any service-specific policies for that engagement.
8.2 Order of precedence. If there is any conflict between these Terms and a signed Coaching Agreement for the same engagement, the Coaching Agreement controls for the covered coaching services, except that our Privacy Policy and Consumer Health Data Notice control all privacy and data-handling matters to the extent required by law.
8.3 What these Terms still cover. These Terms continue to apply to everything not expressly governed by the Coaching Agreement, including but not limited to site access, acceptable use, intellectual property, subscription billing, scheduling mechanics, disclaimers, limitations of liability, indemnification, dispute resolution, and termination.
8.4 Before the Coaching Agreement is signed. If you purchase or begin onboarding for coaching before a Coaching Agreement is signed, these Terms govern the engagement until the Coaching Agreement is executed. Once executed, the Coaching Agreement applies as described in Section 8.2.
8.5 Modifications require written consent. The Coaching Agreement may be modified only by a written amendment signed by both parties. Routine administrative communications (for example, email confirmations or calendar updates) do not alter price, scope, refund rights, dispute resolution, or data-handling terms.
8.6 If no Coaching Agreement is used. If an engagement does not require a separate Coaching Agreement, the engagement is governed solely by these Terms (together with the Privacy Policy and Consumer Health Data Notice).
8.7 Data and confidentiality alignment. Any confidentiality or data-handling provisions in a Coaching Agreement are interpreted to be consistent with, and not narrower than, our Privacy Policy and Consumer Health Data Notice. Where a conflict exists, applicable privacy law and those notices control for personal and Consumer Health Data.
8.8 Termination and remedies. Termination of a Coaching Agreement follows the termination provisions in that agreement. Where the agreement is silent, the termination and remedies provisions in these Terms apply, including the non-refundability and credit rules set out in Section 5 and the suspension/termination provisions referenced later in these Terms.
SECTION 9 — Testimonials, Outcomes, and No Guarantees
9.1 Purpose of testimonials and case examples. From time to time, the Services may display client testimonials, case examples, ratings, reviews, statements, or success stories. These materials are provided for informational and educational purposes only to illustrate the kinds of experiences some clients have reported.
9.2 Individual results vary. Your results depend on many factors outside our control, including your goals, history, effort, follow-through, personal circumstances, relationship dynamics, timing, and external events. Past results, testimonials, or case examples do not guarantee, warrant, or predict future outcomes for you.
9.3 No promises or guarantees. We do not promise or guarantee any specific result, outcome, milestone, improvement, or timeframe. Coaching is inherently variable and experimental for each person and relationship context.
9.4 Not clinical evidence. Testimonials and case examples are personal narratives; they are not clinical evidence, clinical trials, or scientific studies. They should not be relied upon for diagnosis, treatment decisions, or as a substitute for licensed professional care.
9.5 Voluntary submissions and permissions. When a testimonial, review, or similar statement appears on our Services or channels, it is used with the individual’s consent or in a manner permitted by applicable law and platform rules. If you provide a testimonial or review and grant permission to publish it, we may display it (including your first name or initials and general location) as described in Section 4.5. You may withdraw permission at any time by emailing [email protected]; we will cease new uses and remove live website displays within a reasonable time.
9.6 Editorial standards. We may edit testimonials for length, clarity, or to remove personal identifiers or sensitive details, while taking care not to change the substantive meaning. We may request, but do not require, supporting context (for example, how long you engaged with the Services) to help readers understand your experience.
9.7 Compensation and disclosures. If any person is materially compensated, given a discount, free access, or other consideration in connection with a testimonial or review, we will make a clear and conspicuous disclosure consistent with applicable advertising and endorsement guidelines. Likewise, if we use affiliate links or receive referral fees, those relationships will be disclosed where required.
9.8 Third-party reviews and platforms. Reviews that appear on third-party platforms (for example, directories, social media, app stores) are subject to those platforms’ terms and moderation practices. We do not control third-party moderation, ranking, removal, or reposting decisions and are not responsible for inaccuracies or outages on those services.
9.9 No duty to publish. We are not obligated to solicit, host, verify, publish, update, or respond to testimonials or reviews, and we may remove them at our discretion (for example, to protect privacy, comply with law, or address misuse).
9.10 Your responsibility. You remain responsible for evaluating whether the Services are appropriate for your needs and for seeking licensed medical or mental-health care when needed. Any decisions you make based on testimonials or case examples are your own.
SECTION 10 — Privacy and Consumer Health Data (CHD) Cross-References
10.1 Governing documents. Your use of the Services is also governed by our Privacy Policy and our Consumer Health Data Notice (CHD Notice). Please review them carefully: https://denonmaximchuk.com/privacy and https://denonmaximchuk.com/consumer-health-data.
10.2 What this Section does. This Section summarizes how those documents interact with these Terms. If there is any conflict between the Privacy Policy or CHD Notice and these Terms with respect to personal data or Consumer Health Data, the Privacy Policy or CHD Notice controls to the extent required by law.
10.3 Consumer Health Data consent model. Some jurisdictions (including certain U.S. states) classify information related to mental or relationship health as Consumer Health Data. Where required, we will ask you to provide separate, affirmative opt-in consent (a) to the collection and use of CHD and (b) to the disclosure or sharing of CHD with our service providers that help operate the Services. If you do not provide required consent, certain features (for example, the quiz or emailed results) may be unavailable in those jurisdictions.
10.4 What we collect at a high level. Depending on how you use the Services, we may process account and contact details, quiz inputs and derived scores, limited device and security logs, scheduling details, payment confirmations via our processor, and your communications with us. Exact categories and purposes are described in the Privacy Policy and CHD Notice.
10.5 How we use data at a high level. Typical purposes include delivering your requested features (for example, computing quiz results and emailing them if you ask us to), operating and securing the site, improving quality and reliability, providing customer support, honoring your choices, and meeting legal obligations. Details and retention windows are set out in the Privacy Policy and CHD Notice.
10.6 Service providers and disclosures. We rely on vetted third-party vendors (for example, hosting/CDN, quiz or form platform, email delivery, scheduling, payments, analytics, video). We disclose personal data and, where applicable, CHD to these providers only as needed for them to perform services for us and subject to contractual safeguards described in the Privacy Policy and CHD Notice.
10.7 Marketing communications. Marketing emails are optional and require your opt-in. You can unsubscribe at any time using the link in the message or by contacting [email protected]. Unsubscribing from marketing does not affect transactional or service messages (for example, scheduling confirmations, quiz delivery you requested).
10.8 Cookies, signals, and choices. We explain our use of cookies, pixels, and similar technologies in the Privacy Policy, including how to manage preferences. Where applicable, we honor recognized browser-level signals such as Global Privacy Control (GPC) as described there.
10.9 International transfers. If data is transferred outside your province, state, or country, we use legally permitted mechanisms (for example, contractual safeguards) as outlined in the Privacy Policy.
10.10 Your rights. Depending on your location, you may have rights such as access, correction, deletion, portability, objection, withdrawal of consent, and options related to targeted advertising or certain disclosures. How to exercise these rights is described in the Privacy Policy and CHD Notice. We may need to verify your identity before acting on a request.
10.11 Retention. We retain personal data and CHD only as long as reasonably necessary for the purposes described in the Privacy Policy and CHD Notice, including to operate the Services, comply with law, and protect rights. Typical retention for quiz responses is stated in those documents.
10.12 Security. We use reasonable administrative, technical, and physical safeguards appropriate to the nature of the data and our operations. No method of transmission or storage is fully secure; responsibilities and recommendations are explained in the Privacy Policy.
10.13 Contact for privacy requests. You can contact us about privacy or CHD matters at [email protected]. For faster handling, include the email you used with the Services and describe your request clearly (for example, “access,” “deletion,” or “withdraw CHD sharing consent”).
SECTION 11 — Attachment-Style Quiz: Scope, Limits, and Appropriate Use
11.1 Purpose and scope. The attachment-style quiz is an educational tool designed to help adults reflect on relationship patterns through the lens of attachment theory. It aims to increase self-awareness and provide practical next steps for learning, not to diagnose any mental or physical health condition.
11.2 Not a clinical assessment. The quiz and any scores, labels, ranges, or recommendations are informational only. They are not a medical, psychological, or clinical instrument, have not been validated for diagnostic use, and should not be relied upon to make medical, employment, educational, legal, or safety decisions. For clinical questions or concerns, consult a licensed professional.
11.3 Self-report limitations. Results depend on your honesty, consistency, and understanding of each question. Because the quiz is self-reported, results can be influenced by mood, context, stress, recall bias, and social desirability bias. Divergent results across attempts are possible and do not indicate a clinical change.
11.4 Age and eligibility. The quiz is for adults age 18 and older. Do not use it for, about, or on behalf of minors.
11.5 One person, one set of answers. You must complete the quiz only for yourself and not submit responses on behalf of another person without their express knowledge and permission. Administering the quiz to another person without consent violates these Terms.
11.6 Scoring bands and interpretive ranges. We may present scores as bands or ranges (for example, tendencies related to anxiety, avoidance, mixed/disorganized, or secure patterns). Labels are shorthand to guide reflection, not fixed identities or clinical categories. Individuals can show mixed features across contexts and relationships.
11.7 Changing items and logic. We may update questions, answer choices, weights, and interpretive text to improve clarity and usefulness. Because of these updates, scores from different dates may not be directly comparable. For transparency, your most recent result reflects the then-current item set and logic.
11.8 Recommended materials. Any follow-up materials, tips, emails, courses, or coaching suggestions are educational and optional. They are not guarantees of outcome and should be adapted to your circumstances and, where appropriate, discussed with a licensed professional.
11.9 Not for high-risk decisions. Do not use the quiz or its outputs to make critical decisions involving personal safety, custody, immigration, employment screening, medical treatment, or legal matters. Do not present quiz results to third parties as a substitute for professional evaluation.
11.10 Cultural and relational context. Attachment expressions can vary across cultures, families, and relationship histories. Results may be situational and context-dependent. Use judgment before generalizing beyond the relationship context you had in mind while answering.
11.11 Re-taking the quiz. You may re-take the quiz to check consistency or reflect after a period of practice. Frequent retakes within short intervals can produce noise rather than insight and are discouraged.
11.12 Data handling and privacy. Quiz inputs and derived scores may be processed as personal data or Consumer Health Data in some jurisdictions. Collection, use, retention, and sharing are governed by our Privacy Policy and Consumer Health Data Notice. Where required, you must provide separate, affirmative consent to collect/use CHD and to disclose/share CHD with our service providers. If you withdraw consent, certain features (such as emailed results) may become unavailable.
11.13 Research and improvement. We may use de-identified or aggregate quiz data to analyze item performance and improve educational value, as described in the Privacy Policy and Consumer Health Data Notice. We do not attempt to re-identify de-identified data.
11.14 Support and questions. If you have questions about your results or believe an item is confusing or ambiguous, contact [email protected]. For health or mental-health concerns, contact a licensed professional or, in emergencies, your local emergency number.
SECTION 12 — Recording, Transcripts, and AI-Assisted Summaries
12.1 Consent required. Sessions are not recorded unless every participant on the call gives express consent at the start of the session. If you do not consent, an unrecorded option will be offered. You may withdraw consent at any time during the session; if you do, recording will stop from that point forward.
12.2 What may be created when recorded. With consent, we may create audio or video recordings, machine or human transcripts, and brief written summaries that may be prepared with AI-assisted tools under human review. Summaries aim to capture key themes, tasks, or goals; they are not verbatim records.
12.3 Purpose of recordings and summaries. We use recordings, transcripts, and summaries to deliver and improve services, to support continuity across sessions, for quality assurance and training of our Personnel, to address client questions or disputes, and to comply with law where applicable. They are educational artifacts, not medical records.
12.4 No automated decision-making with legal effect. We do not rely on automated processing to make decisions that produce legal or similarly significant effects about you. Any AI-assisted tools are used to draft materials subject to human review.
12.5 Access and sharing. Access to recordings, transcripts, and summaries is limited to Personnel with a need to know for the purposes in Section 12.3 and to contracted service providers who process them on our behalf under confidentiality and data-protection obligations. We do not publish or sell these materials.
12.6 Your access requests. You may request access to recordings, transcripts, or summaries associated with your sessions by emailing [email protected]. We may require identity verification and will honor requests consistent with our Privacy Policy, Consumer Health Data Notice, and applicable law. Where feasible, we will provide a copy or reasonable description; in some cases, we may provide excerpts rather than full files to protect third-party privacy or confidential business information.
12.7 Retention. If created, recordings, transcripts, and summaries are retained only as long as reasonably necessary for the purposes in Section 12.3 and in accordance with our Privacy Policy and Consumer Health Data Notice. Typical retention for recordings is shorter than for summaries; if you request deletion, we will remove items from active systems within a reasonable time, subject to lawful retention needs and backup cycles.
12.8 Security. We employ reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of these materials, including access controls, encrypted storage or transit where supported, and vendor due diligence for any processors that handle them.
12.9 Jurisdiction-specific rules. If your location requires two-party consent or other special rules for recording, we will obtain the necessary consents before recording. If we cannot obtain required consents, the session will proceed unrecorded.
12.10 Prohibition on user recordings without consent. You may not record, screenshot, or otherwise capture any session in audio, video, or text form unless everyone present has given express consent. Unauthorized recording is a material breach of these Terms and may result in immediate termination of the session and restriction or termination of Services under Section 15.
SECTION 13 — Third-Party Services, Links, Cookies, and Advertising Technologies
13.1 Third-party services we rely on. Parts of the Services are provided or enabled by third-party vendors (for example, hosting/CDN, form/quiz platform, email delivery, scheduling, video conferencing, payments, analytics, security). Those vendors process data on our behalf under contractual safeguards described in the Privacy Policy and Consumer Health Data Notice.
13.2 Your use of third-party tools. When you follow a link or use an embedded tool from a third party, your use is governed by that party’s terms and privacy policy. We do not control or assume responsibility for third-party websites, applications, or services. Access them at your own risk and review their terms and policies.
13.3 External links and references. The Services may contain links to educational resources, articles, or other materials hosted by third parties. These links are provided for convenience and do not constitute endorsement. We are not responsible for the content, availability, or practices of third-party sites.
13.4 Cookies, pixels, and similar technologies. We and our vendors may use cookies, pixels, local storage, and similar technologies to operate the site, keep you signed in, remember preferences, perform analytics, prevent fraud, and, where applicable, measure or personalize marketing. Details, categories, and your choices are explained in the Privacy Policy and any cookie banner or settings provided.
13.5 Consent and choices (EEA/UK and similar regimes). In regions where consent is required for non-essential cookies or similar technologies, we seek your consent through our banner or settings before those tags load. You may withdraw or change choices at any time via the provided controls.
13.6 Do Not Sell/Share; Global Privacy Control (GPC). Where applicable under certain U.S. state laws, we honor opt-out rights related to “sale” or “sharing” or “targeted advertising” as defined by those laws. We also honor recognized browser signals such as Global Privacy Control as described in the Privacy Policy. Instructions and links (for example, “Do Not Sell or Share My Personal Information”) are provided in the Privacy Policy or site footer where required.
13.7 Analytics and measurement. We may use analytics services to understand how the Services are used (for example, pages visited, time on page, device type) so we can improve performance and usability. Analytics providers act as our processors or independent controllers depending on their tools and configurations; see the Privacy Policy for specifics and opt-out options where available.
13.8 Advertising and retargeting. From time to time, we may use advertising or retargeting technologies to reach audiences likely to be interested in our educational content and coaching. Where required, we will seek consent before setting non-essential tags and provide opt-out options as described in the Privacy Policy.
13.9 Affiliate links and disclosures. If we include affiliate links or receive referral fees, we will make clear and conspicuous disclosures in accordance with applicable advertising and endorsement guidelines. Prices and availability shown via affiliate links are subject to the third party’s terms and may change without notice.
13.10 No responsibility for third-party outages. The Services depend on third-party platforms. Outages, policy changes, or deprecations by those platforms may affect features or availability. We are not liable for interruptions caused by third parties beyond our reasonable control, as further addressed in Sections 7 and 21 (force majeure).
13.11 Conflicts. If any provision in a third-party license or policy must apply to a component embedded in the Services, that provision governs your use of that component to the extent of the conflict. All other use remains subject to these Terms.
SECTION 14 — Data Security, Retention, and International Transfers
14.1 Security measures. We use reasonable administrative, technical, and physical safeguards appropriate to the nature of the Services and the data we process. Measures may include access controls, authentication, encryption in transit, network monitoring, vendor due diligence, and staff training. No method of transmission or storage is completely secure; residual risk remains.
14.2 Your security responsibilities. You are responsible for using unique, strong passwords; keeping devices and software updated; securing your email and calendar accounts; and notifying us promptly of suspected unauthorized access to your account or communications. You should not share session links or codes publicly.
14.3 Retention principles. We retain personal data and, where applicable, Consumer Health Data only as long as reasonably necessary for the purposes described in the Privacy Policy and Consumer Health Data Notice, including to operate the Services, comply with law, and protect rights. Typical retention periods for quiz responses and coaching artifacts are described in those documents.
14.4 Deletion and backups. When you request deletion or when data is no longer needed, we remove it from active systems within a reasonable time. Copies may persist temporarily in backups, archives, and logs until rotated or overwritten on scheduled cycles, or longer if required for legal, security, or dispute-resolution purposes.
14.5 Incident response and notifications. We maintain procedures to detect, investigate, and respond to suspected security incidents. If a breach of security or confidentiality occurs that requires notice under applicable law, we will provide legally required notifications and take reasonable steps to mitigate harm.
14.6 Service providers. We engage third-party processors to help deliver and secure the Services (for example, hosting/CDN, quiz or form platform, email delivery, scheduling, video, analytics, payments). These providers are bound by contractual obligations to safeguard data and to use it only to provide services to us, as detailed in the Privacy Policy and Consumer Health Data Notice.
14.7 International transfers. Your information may be processed in countries other than your own. Where required, we implement lawful transfer mechanisms, such as standard contractual clauses or comparable safeguards, and we assess the risks associated with the transfer. By using the Services, you acknowledge that data may be transferred, processed, and stored outside your province, state, or country.
14.8 Canada, U.S., and other jurisdictions. For Canadian users, we handle personal information in accordance with applicable Canadian law, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial laws where applicable. For U.S. users, certain state privacy laws may provide additional rights; see the Privacy Policy and Consumer Health Data Notice for details and how to exercise those rights. Users in the EEA/UK or other regions with data-transfer rules should review the Privacy Policy for the applicable transfer mechanism and contact us with questions.
14.9 Data accuracy and minimization. We take reasonable steps to ensure data is accurate and limited to what is necessary for the stated purposes. You are responsible for providing accurate information and notifying us of changes so we can update records.
14.10 Contact for security and privacy. If you believe your account or data has been compromised, or if you have security questions, contact [email protected]. Provide enough detail for us to investigate, including the email you use with the Services and relevant timestamps or headers if available.
SECTION 15 — Termination and Suspension
15.1 Our right to suspend or terminate (for cause). We may suspend or terminate your access to the Services immediately, with or without prior notice, if we reasonably believe you have violated these Terms or applicable law, engaged in fraud, abuse, harassment, or unauthorized recording, created security or legal risk, failed to pay amounts due, or otherwise misused the Services (including repeated no-shows under Section 6).
15.2 Our right to discontinue (for business/legal reasons). We may discontinue all or part of the Services, or your access to them, for operational, security, legal, or business reasons. Where practicable, we will give reasonable notice. If a paid, recurring Service is permanently discontinued during your then-current paid period and no substantially equivalent alternative is offered, the pro-rata credit or refund remedy in Section 7.10 applies.
15.3 Your right to terminate. You may stop using the Services at any time. If you have a monthly subscription, you must cancel before the renewal date to avoid the next charge; cancellations take effect at the end of the then-current paid month. Except as expressly stated in Section 5 or 7.10, payments are non-refundable.
15.4 Effect of termination or suspension. Upon termination or suspension, your right to access the Services ceases. We may deactivate scheduling links and disable account access. Sections that by their nature should survive (including intellectual property, user content license to the extent needed for lawful retention, privacy and CHD provisions, disclaimers, limitations of liability, indemnification, dispute resolution, and this Section 15.4) continue to apply.
15.5 Credits on termination. If you pause or cancel coaching before using scheduled calls, any conversion to credits and the six-month expiry are governed by Section 5.6. Credits are non-refundable and non-transferable. No credits are issued for Services terminated for cause under Section 15.1 unless required by law.
15.6 Investigations and preservation. We may investigate suspected violations and preserve information (including Your Content, logs, and session metadata) as we deem reasonably necessary to comply with law, enforce these Terms, address security incidents, or resolve disputes. Preservation may continue for a reasonable period after termination.
15.7 Access to your information after termination. You may request copies or deletion of Your Content consistent with our Privacy Policy and Consumer Health Data Notice. Deletion from active systems occurs within a reasonable time; copies may persist temporarily in backups, archives, and logs, or longer where required by law or for legitimate business purposes such as fraud prevention or dispute resolution.
15.8 Restoration after suspension. If a suspension was due to non-payment or remediable breach and you cure the issue (for example, update payment method or provide required assurances), we may restore access at our discretion. Restoration does not extend billing cycles or revive expired credits.
15.9 No waiver. Our decision not to immediately enforce any right or remedy upon a breach does not waive that right or remedy. We may enforce these Terms at any time.
SECTION 16 — Disclaimers
16.1 As-is, as-available. The Services are provided on an “as is” and “as available” basis, with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise.
16.2 No warranties. To the fullest extent permitted by law, Denon Maximchuk disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy, and course of performance or dealing. We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that defects will be corrected.
16.3 Informational and educational only. All materials, quizzes, scores, recommendations, emails, sessions, and summaries are provided for informational and educational purposes and are not clinical, medical, legal, financial, or other professional advice. You are responsible for obtaining professional advice where appropriate.
16.4 No duty to update. Except where required by law, we do not promise to update content on a particular schedule. Information may be out of date, incomplete, or contain typographical errors; corrections may be made without notice.
16.5 Third-party services and links. We do not control third-party websites, applications, platforms, APIs, or services that the Services rely on or link to, and we make no warranties regarding them. Your use of third-party offerings is at your own risk and subject to their terms and policies.
16.6 Geographic limitations. We make no representation that the Services or content are appropriate or lawful in all jurisdictions. Access may be limited or blocked due to regional laws, sanctions, platform policies, or business constraints.
16.7 Security and transmission. While we use reasonable safeguards, the internet involves inherent risks. We do not warrant that transmissions will be free from interception, corruption, loss, or alteration, and you provide information at your own risk.
16.8 Testimonials and outcomes. Any testimonials, reviews, or case examples are individual opinions and experiences, not guarantees of results. Individual outcomes vary and depend on factors outside our control.
16.9 Governing documents for privacy. Any statements about data handling in these Terms are subject to and qualified by our Privacy Policy and Consumer Health Data Notice. Where law requires, those documents control with respect to personal data and Consumer Health Data.
16.10 Health and fitness disclaimer. Our Services may include information or recommendations related to wellness, fitness, nutrition, sleep, or lifestyle habits. This material is for educational purposes only and is not medical advice. It is not a substitute for consultation, diagnosis, or treatment by a licensed healthcare professional. Always consult a physician or other qualified provider before starting any new exercise routine, nutrition plan, supplement, or health program. If you experience pain, distress, or adverse symptoms, stop and seek professional care.
SECTION 17 — Limitation of Liability
17.1 Exclusion of certain damages. To the fullest extent permitted by law, Denon Maximchuk and our Personnel are not liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for loss of profits, revenue, goodwill, reputation, opportunity, business interruption, data, or anticipated savings, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.
17.2 Aggregate cap. To the fullest extent permitted by law, the total aggregate liability of Denon Maximchuk and our Personnel for all claims arising out of or relating to the Services or these Terms is limited to the greater of (a) the amounts you paid to Denon Maximchuk for the Services giving rise to the claim in the twelve (12) months immediately preceding the event first giving rise to liability, and (b) two hundred (200) Canadian dollars if no such payments were made.
17.3 Carve-outs where limits do not apply. The exclusions and limits in this Section do not apply to the extent liability cannot be excluded or limited under applicable law, including for fraud, willful misconduct, or, where such exclusion is prohibited, death or personal injury caused by negligence. Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law.
17.4 Specific risk allocations. Without limiting Sections 17.1–17.3:
Denon Maximchuk and our Personnel are not responsible for failures, delays, outages, or changes in third-party services or platforms outside our reasonable control.
Denon Maximchuk is not responsible for actions or content of other users or third parties.
You are responsible for securing your devices, accounts, and environment; we are not liable for losses caused by compromised email, calendar, or conferencing accounts on your side.
Force-majeure events are addressed separately in Section 21.
17.5 Multiple claims; same cap. The existence of more than one claim or legal theory will not enlarge the limits set out in Section 17.2; all claims are subject to the same aggregate cap.
17.6 Allocation of risk and essential basis of the bargain. The pricing and availability of the Services reflect the allocation of risk in this Section. Absent these limitations, the Services would be made available on materially different terms and price.
17.7 Claims period. To the fullest extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after the claim accrues, or it is permanently barred.
17.8 Jurisdictional notes. Some jurisdictions do not allow exclusions of certain damages or limitations on implied warranties. To the extent such laws apply, the exclusions and limitations in this Section apply only to the maximum extent permitted.
SECTION 18 — Indemnification
18.1 Your obligation to indemnify. You agree to defend, indemnify, and hold harmless Denon Maximchuk and our officers, employees, individual coaches, contractors, agents, affiliates, and other Personnel from and against any and all claims, demands, actions, investigations, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your breach of these Terms or any applicable law, your infringement or misappropriation of any intellectual property, privacy, publicity, or other right, your unauthorized collection, submission, or disclosure of personal information or Consumer Health Data, your administration of the quiz or any session to or for another person without their knowledge and express consent, your unauthorized recording or distribution of sessions or materials, and any content or statements you provide to us or publish through or about the Services.
18.2 Process and cooperation. We will promptly notify you of any claim subject to indemnification once we become aware of it, provided that a delay in notice will not relieve you of your obligations except to the extent you are materially prejudiced. You will keep us reasonably informed of material developments and cooperate in good faith at your expense as reasonably requested, including by providing documents, information, and witnesses.
18.3 Control of defense. You will retain qualified counsel reasonably acceptable to Denon Maximchuk and will control the defense and settlement of the claim, except that Denon Maximchuk may participate with its own counsel at its own expense. If, in our reasonable judgment, a conflict of interest exists or the claim seeks non-monetary relief against Denon Maximchuk, we may assume exclusive control of the defense at your expense while preserving your indemnity obligations.
18.4 Settlement restrictions. You may not settle any claim in a manner that imposes any admission of fault by Denon Maximchuk, imposes obligations on Denon Maximchuk, restricts Denon Maximchuk’s operations, or fails to provide a full and unconditional release of Denon Maximchuk and our Personnel, without our prior written consent. We will not unreasonably withhold consent to a monetary settlement that includes a complete release and imposes no non-monetary obligations on Denon Maximchuk.
18.5 Fee shifting for violations. In addition to your indemnity obligations, if we prevail in an action to enforce these Terms arising from your material violation (including unauthorized recording, scraping, reverse engineering, or misuse of CHD contrary to our notices and required consents), you agree to reimburse our reasonable attorneys’ fees and costs to the extent permitted by law and any applicable dispute-resolution forum.
18.6 Preservation of other remedies. The indemnities in this Section are in addition to, and do not limit, any other rights or remedies available to Denon Maximchuk at law, in equity, or under these Terms.
SECTION 19 — Dispute Resolution, Governing Law, and Venue
19.1 Informal resolution first. Before filing a claim, you agree to email [email protected] with a brief written description of the dispute, your contact information, and any relevant order or booking ID. We will work with you in good faith to try to resolve the dispute informally within thirty (30) days after we receive your email.
19.2 Governing law. These Terms and any dispute or claim arising out of or relating to them or the Services are governed by the laws of the Province of [Your Province] and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
19.3 Venue and jurisdiction. Subject to Section 19.4, you and Denon Maximchuk submit to the exclusive jurisdiction of the provincial and federal courts located in Vancouver, British Columbia, for all disputes that are not resolved informally. You agree not to assert that those courts are an inconvenient forum.
19.4 Small claims. Either party may bring an individual action in small-claims court with jurisdiction over the parties, provided the matter qualifies for that court’s monetary and subject-matter limits.
19.5 Mediation or arbitration by consent. After the informal period, the parties may mutually agree in writing to submit a dispute to mediation or binding arbitration administered by a recognized Canadian provider (for example, ADR Institute of Canada) under its applicable rules. Unless the parties agree otherwise, the seat of any arbitration will be [Your City], [Your Province], the language will be English, and each party will bear its own legal fees and share forum fees as the rules provide.
19.6 Class and representative actions. To the maximum extent permitted by law, disputes will be resolved only on an individual basis. You and Denon Maximchuk waive any right to participate in a class, collective, consolidated, or representative action or proceeding. If a court finds this waiver unenforceable as to a particular claim, that claim must proceed in court and not in any consensual arbitration.
19.7 Injunctive relief. Either party may seek temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual property rights, confidential information, or data security while the merits are resolved through the process described above.
19.8 Jury trial waiver (where permitted). To the extent permitted by law, you and Denon Maximchuk waive any right to a jury trial for disputes arising out of or relating to these Terms or the Services.
19.9 Compliance with time limits. Any claim must be brought within the time limits stated in Section 17.7 (Claims period) unless a longer non-waivable period is required by applicable law.
19.10 Non-waivable consumer rights. Nothing in this Section limits any non-waivable rights you may have under applicable consumer protection law. If any provision of this Section is held unenforceable as to a particular claim or remedy, the remaining provisions remain in force and the unenforceable portion will be severed or modified to the minimum extent necessary to be enforceable.
SECTION 20 — Global Availability, Compliance, Export Controls, and Sanctions
20.1 Global availability and local laws. The Services may be accessible from many locations, but that does not mean all features are lawful or available everywhere. You are responsible for complying with the local laws that apply to you. We may restrict access to certain features, content, or purchases in specific jurisdictions for legal, security, or business reasons.
20.2 Export controls and sanctions compliance. You agree not to access, use, export, re-export, transfer, or otherwise make available the Services (including any underlying software, materials, or technical information) in violation of applicable export control, sanctions, or anti-boycott laws, including those of Canada, the United States, the United Kingdom, and the European Union. You represent that you are not located in, ordinarily resident in, or organized under the laws of a comprehensively sanctioned jurisdiction, and that you are not a denied, debarred, or restricted party under applicable trade lists.
20.3 Prohibited end uses. You will not use the Services for purposes prohibited by law, including activities related to weapons proliferation, terrorism, human trafficking, or other unlawful conduct. If we reasonably determine your use violates this Section, we may suspend or terminate access immediately.
20.4 Government users. If any governmental entity accesses the Services, the Services are provided as “commercial items” and only the rights set out in these Terms apply.
20.5 Conflicts with local law. If a specific provision of these Terms is unlawful or unenforceable in your location, that provision will be deemed modified or severed to the minimum extent necessary so the remainder of the Terms remain in effect, without creating any obligation for us to offer the Services where doing so would violate law.
SECTION 21 — Force Majeure
21.1 Definition. A “Force Majeure Event” means an event or circumstance beyond a party’s reasonable control that prevents or materially delays performance, including without limitation: natural disasters; fire; flood; severe weather; epidemics or public-health emergencies; war, terrorism, civil unrest, or sabotage; strikes or labor disputes not limited to the impacted party’s employees; government orders or changes in law; widespread power, telecom, cloud, or hosting outages; major third-party platform failures; and catastrophic hardware or network failures despite reasonable safeguards.
21.2 Effect on obligations. Except for payment obligations already due, each party’s affected performance is suspended for the duration of the Force Majeure Event. The impacted party will use commercially reasonable efforts to mitigate, work around, or resume performance.
21.3 Notice. The impacted party will notify the other party without undue delay after becoming aware of the Force Majeure Event, describe the expected impact, and provide updates as conditions change.
21.4 Remedies during suspension. If a scheduled session is impacted by a Force Majeure Event on our side, we will reschedule the affected time at no additional cost or apply a credit consistent with Section 5.6. If the impact is on your side, we will consider reasonable accommodations depending on circumstances and documentation, but late-cancellation/no-show rules in Section 6 may still apply.
21.5 Extended events; termination right. If a Force Majeure Event prevents delivery of a paid, recurring Service for thirty (30) consecutive days or for forty-five (45) days in any sixty (60) day period, either party may terminate the affected Service on written notice. If we terminate under this Section and no substantially equivalent alternative is available, we will provide a pro-rata credit or refund for the unused portion of the then-current paid period, consistent with Section 7.10.
21.6 No breach. A party’s failure to perform due solely to a Force Majeure Event, and in accordance with this Section, will not constitute a breach of these Terms.
SECTION 22 — Assignment
22.1 By you. You may not assign, delegate, or transfer these Terms, your account, or any rights or obligations hereunder without our prior written consent. Any attempted assignment without consent is void.
22.2 By us. We may assign or transfer our rights and obligations under these Terms, in whole or in part, to an affiliate, successor, or acquirer in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction, or as part of an internal restructuring. We will take reasonable steps to ensure the assignee honors these Terms.
22.3 Binding effect. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties and their permitted successors and assigns.
SECTION 23 — Severability and Waiver
23.1 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable in any jurisdiction, that provision will be modified to the minimum extent necessary to be enforceable, and the remaining provisions will remain in full force and effect.
23.2 No waiver. A failure or delay by Denon Maximchuk to enforce any provision is not a waiver of that or any other provision. Any waiver must be in writing and signed by an authorized representative of Denon Maximchuk to be effective, and will apply only to the specific instance identified.
SECTION 24 — Entire Agreement; Changes to Terms; Notices of Updates
24.1 Entire agreement. These Terms, together with the Privacy Policy, the Consumer Health Data Notice, and any order forms or Coaching Agreement applicable to your engagement, constitute the entire agreement between you and Denon Maximchuk regarding the Services and supersede all prior or contemporaneous understandings on the subject matter.
24.2 Order of precedence. If there is a conflict between these Terms and a signed Coaching Agreement for the same engagement, the Coaching Agreement controls for that engagement, except that the Privacy Policy and Consumer Health Data Notice control all privacy and data-handling matters to the extent required by law.
24.3 Changes to Terms. We may update these Terms from time to time for operational, legal, or business reasons. When we do, we will post the updated Terms with a “Last Updated” date at the top. Changes are effective when posted unless a later effective date is stated. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services.
24.4 Electronic communications and records. You consent to receive notices and communications from us electronically, including by email and by posting to the Services. We may keep electronic records sufficient to satisfy our obligations and document your consent and transactions.
SECTION 25 — Contact
25.1 How to reach us. For questions about these Terms, privacy, scheduling, billing, or other matters, email [email protected].
25.2 Mailing address. None currently
25.3 Copyright complaints. For copyright issues, follow the process in Section 3.9.
25.4 Emergencies. The Services are not for emergencies. If you are in crisis or immediate danger, contact your local emergency number.
United States: Call or text 988 (Suicide & Crisis Lifeline), or use chat via the official site. 988 Lifeline
Canada: Call or text 9-8-8 (Suicide Crisis Helpline) for bilingual, 24/7 support nationwide. 9-8-8: Suicide Crisis Helpline+2Mental Health Commission of Canada+2
Canada (additional resources): Kids Help Phone (all ages support) 1-800-668-6868 or text 686868; Hope for Wellness Help Line for Indigenous peoples 1-855-242-3310 or chat online. Hope for Wellness Helpline+4Kids Help Phone+4Kids Help Phone+4
CUSTOMER CARE
LEGAL
© Copyright 2025 Denon Maximchuk. All Rights Reserved.