Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and KeksGas Inc. ("KeksGas," "we," "us," or "our") governing your access to and use of the KeksGas platform, website, and all related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility & Account Registration

To use the KeksGas platform, you must:

• Be at least 18 years of age and have the legal capacity to enter into a binding agreement.
• Represent a legitimate coaching, consulting, or professional services business.
• Provide accurate, current, and complete registration information.
• Maintain the security and confidentiality of your account credentials.

KeksGas is a business-to-business (B2B) platform. By registering, you confirm that you are using the Service exclusively for professional and commercial purposes. We reserve the right to reject or terminate any account that does not meet our eligibility criteria.

You are solely responsible for all activities that occur under your account. You agree to notify us immediately at security@keksgas.com if you suspect any unauthorized access or use of your account.

2. Description of Services

KeksGas provides an all-in-one coaching platform that enables professional coaches and consultants to:

• Create and host a branded coaching website.
• Schedule and manage client appointments with calendar integrations.
• Accept payments through integrated payment processors (Stripe, PayPal).
• Send transactional communications (appointment confirmations, reminders, receipts, system alerts).
• Deliver digital coaching materials, resources, and content to enrolled clients.
• Manage client relationships through intake forms, notes, surveys, and messaging.
• Create and sell coaching packages, group sessions, subscriptions, and digital products.

We continuously work to improve and expand our Service. We reserve the right to modify, update, or discontinue features with reasonable notice.

3. Communication & Email Policy

By using our Service, you agree to:

• Send only transactional emails that are directly triggered by user actions or system events.
• Maintain a valid, organic contact list composed of individuals who have explicitly opted in to receive communications from your business.
• Comply with all applicable anti-spam laws, including the CAN-SPAM Act, GDPR, and CASL.
• Honor all unsubscribe requests promptly and within the timeframes required by law.
• Never use the Service to send promotional newsletters, cold outreach, or marketing campaigns.

4. Payments, Subscriptions & Refunds

4.1 KeksGas Subscription Fees

KeksGas offers both free and paid subscription tiers. Paid subscriptions are billed on a monthly or annual basis as selected at the time of purchase. By subscribing to a paid plan, you authorize us to charge the applicable fees to your chosen payment method on a recurring basis.

• Subscription fees are charged in advance at the beginning of each billing cycle.
• Annual plans are billed as a single lump-sum payment at the beginning of the annual term.
• We reserve the right to adjust pricing with at least 30 days' prior notice. Price changes take effect at the start of the next billing cycle.

4.2 Client Payment Processing

Payments from your coaching clients are processed through third-party payment processors (Stripe and/or PayPal). KeksGas charges zero additional transaction fees on top of the standard processing fees charged by these payment providers. You are responsible for any fees charged by Stripe or PayPal according to their respective terms.

KeksGas does not hold, store, or process your clients' payment card data. All payment information is handled directly by the integrated payment processor.

4.3 Refund Policy

We offer a 30-day money-back guarantee on all paid plans. If you are not satisfied with the Service within the first 30 days of a paid subscription, contact us at billing@keksgas.com for a full refund. After the 30-day period, subscriptions are non-refundable for the current billing cycle. You may cancel your subscription at any time, and your access will remain active until the end of the current billing period.

5. Intellectual Property

5.1 KeksGas Property

The KeksGas platform, including its design, code, trademarks, logos, user interface, documentation, and all related intellectual property, is owned exclusively by KeksGas Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works of any part of the Service without our prior written consent.

5.2 Your Content

You retain full ownership of all content you create, upload, or publish through the KeksGas platform ("Your Content"), including coaching materials, session notes, forms, and branding assets. By using the Service, you grant KeksGas a limited, non-exclusive, royalty-free license to host, display, and transmit Your Content solely for the purpose of providing the Service.

You represent and warrant that you own or have the necessary rights to all content you publish, and that Your Content does not infringe upon the rights of any third party.

6. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. You agree to comply with all provisions of the AUP, including but not limited to restrictions on spam, content policies, and platform abuse.

7. Privacy & Data Protection

Your use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the Service, you consent to the data practices described in our Privacy Policy.

You are responsible for ensuring that your own data collection and processing activities comply with all applicable privacy laws, including obtaining proper consent from your coaching clients.

8. Third-Party Integrations

The KeksGas platform integrates with various third-party services, including but not limited to:

• Payment processors (Stripe, PayPal)
• Calendar services (Google Calendar, Outlook, iCal)
• Video conferencing (Zoom)
• Automation tools (Zapier)

Your use of these third-party services is subject to their respective terms of service and privacy policies. KeksGas is not responsible for the actions, availability, or policies of third-party providers. Integration with third-party services requires your explicit authorization.

9. Disclaimers & Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEKSGAS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL KEKSGAS'S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO KEKSGAS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless KeksGas Inc., its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service in violation of these Terms.
• Your violation of any applicable law or regulation.
• Your infringement of the rights of any third party.
• Any content you publish or transmit through the Service.
• Any claim arising from your coaching or consulting services provided through the platform.

11. Termination

Either party may terminate this agreement at any time:

• By You: You may cancel your account at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing cycle.
• By KeksGas: We may suspend or terminate your account immediately if you violate these Terms, the Acceptable Use Policy, or any applicable law. We may also terminate accounts that remain inactive for an extended period.

Upon termination, you may request an export of Your Content within 30 days. After 30 days, your data will be permanently deleted in accordance with our Privacy Policy.

12. Dispute Resolution

If a dispute arises between you and KeksGas, we encourage you to contact us first at legal@keksgas.com to seek an informal resolution. If the dispute cannot be resolved informally within 30 days, it shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Travis County, Texas.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas.

14. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and KeksGas regarding the Service.
• Severability: If any provision is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. KeksGas may assign its rights without restriction.
• Force Majeure: KeksGas shall not be liable for delays or failures in performance resulting from events beyond our reasonable control, including natural disasters, acts of government, internet outages, or pandemics.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through a notice on our website or via email at least 30 days before they take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your account.