Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES. This document constitutes a legal agreement between you (referred to as "you" or "Client" or "User") and Level-Up Coaching Services, a sole proprietorship owned by Daniel Trimarchi ("Level-Up Coaching", "we", "us", or "our"). These Terms and Conditions (the "Terms") govern your access to and use of our websites (www.levelupcoach.ca and www.levelupcoach.net), and any products or services offered by Level-Up Coaching Services, including but not limited to one-on-one coaching sessions, group coaching, digital products (such as PDF guides or eBooks), and online courses (collectively, the "Services").

By accessing our websites or purchasing/using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (which is incorporated herein by reference). If you do not agree with any part of these Terms, you must not use our Services.

1. Acceptance of Terms and User Eligibility

1.1 Acceptance

By using the Services, you affirm that you are legally capable of entering into a binding contract with us. If you are using the Services on behalf of an organization or another individual, you represent and warrant that you have the authority to bind that entity to these Terms. You further agree that by accessing or using any part of our site or Services, such action constitutes your electronic signature to these Terms, creating a legally enforceable agreement. If you do not agree to these Terms, you should immediately cease use of our Services.

1.2 Age Requirement

The Services are intended for adults. You must be at least the age of majority in your province/state or country of residence (18 years in most jurisdictions) to purchase or engage in our coaching services, online courses, or digital products. Individuals under 18 may only use the Services with the involvement and consent of a parent or legal guardian. By using our Services, you represent that you meet the applicable age requirement. We reserve the right to request proof of age or consent, and to refuse service if it is not provided.

1.3 Other Requirements

You agree to provide true, current, and complete information about yourself as required for the purpose of receiving Services (such as during purchase, booking, or account registration if any). If you create an account on our website or through a course portal, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

2. Scope of Services

2.1 Description of Services

Level-Up Coaching Services offers personal development and professional coaching services, digital content, and educational programs, including but not limited to:

• Coaching Services: One-on-one coaching sessions, which may be conducted via video conference (e.g., Zoom), telephone, or messaging (e.g., WhatsApp). Coaching sessions are designed to support clients in areas such as personal growth, career development, goal achievement, and related topics as per our service offerings. Coaching may be purchased as single sessions or packages of sessions, as agreed upon.
• Online Courses and Workshops: Structured programs or courses delivered online, which might consist of video lessons, written materials, live webinars, and/or interactive components. Access to courses may be through our website or a third-party platform.
• Digital Products: Downloadable materials such as PDF guides, eBooks, workbooks, or other digital resources created by Level-Up Coaching for self-improvement and educational purposes.
• Other Related Services: This may include group coaching programs, seminars, or consulting, as offered on our site or by direct arrangement. Any new features or tools which are added to the current Services will also be subject to these Terms.

2.2 Geographic Scope

We serve clients worldwide. Our Services are provided remotely through online and telecommunication tools, meaning you can access coaching or digital products from anywhere you have internet or phone access. However, please be aware that our business is located in Canada, and these Terms are governed by Canadian law (see Governing Law section). We make no representations that the Services are appropriate or available in all locations, and accessing them from territories where they are illegal is prohibited.

2.3 No Guarantee of Availability

While we strive to maintain availability of our websites and Services, we do not guarantee that the Services will be available at all times or without interruption. We may experience hardware, software, or other problems, or need to perform maintenance on our site, which could result in temporary service interruptions. You agree that we will not be liable for any such delays or interruptions. We reserve the right to modify or discontinue any part of the Services at any time, temporarily or permanently, with or without notice (for example, to change course content, to switch the platform used for coaching calls, or to discontinue a digital product). However, if you have already paid for a Service that is significantly altered or discontinued before delivery, you may be entitled to a remedy as described in the Payments and Refunds section or as required by law.

2.4 Professional Qualifications

Daniel Trimarchi is the owner and coach providing the Services. While Daniel may have training or certifications relevant to coaching, it is important to note that coaching is not a medically licensed or regulated profession in Canada. The Services provided are in the realm of coaching and education, not therapy, medical treatment, or financial advising (see Disclaimers below for more). By agreeing to these Terms, you acknowledge the scope and limitations of our Services.

3. Fees, Payment, and Refund Policy

3.1 Fees

All fees for our Services are as indicated on our website or communicated to you through an official quote or invoice. Prices are listed in Canadian Dollars (CAD) unless otherwise specified. We reserve the right to change the fees for any Service (for example, updating the price of a coaching package or course) at any time; however, no price change will affect you retroactively if you have already paid for a Service. Taxes (such as sales tax or VAT) will be added where applicable according to law.

3.2 Payment

Payment is due at the time of purchase of a Service, unless expressly agreed otherwise. For one-on-one coaching, this typically means you must pay for each session or package before the coaching is delivered. For digital products or courses, payment is required before you gain access to the material. We accept payment through secure third-party payment processors, primarily Stripe (for credit/debit cards) and PayPal. By providing a payment method, you represent and warrant that you are authorized to use the payment method and that you authorize our payment processor to charge the full amount of the transaction (including any applicable taxes). All payment transactions are subject to validation checks and authorization by the payment processor. If your payment is not successfully authorized or if it is later subject to a chargeback or reversal, we reserve the right to cancel or suspend your access to the Services.

3.3 Refund Policy

We strive to ensure our clients are satisfied, but due to the nature of our offerings, certain sales are final:

• Digital Products & Online Courses: All sales of digital products (e.g., eBooks, PDFs) and online courses are final and non-refundable once access or download has been provided. Due to the immediate access and nature of digital content, we cannot accept returns or provide refunds for these items. When you purchase a digital product, you gain instant access to proprietary content, and thus no refunds will be issued for digital purchases, except where required by law. (For instance, if consumer protection laws in your jurisdiction mandate a refund or cooling-off period for online content, we will comply with those laws. Specifically, if you are in the European Union or certain other regions, you may have a legal right to withdraw from a distance contract within 14 days. However, note that for digital content, this right can be waived once the download/access is provided. By purchasing a digital product or course from us, you consent to us providing the content immediately and acknowledge that you lose any statutory cancellation right once the content is delivered.)
• Coaching Services: Our policy is to be fair to both the client and our business. Coaching session fees are generally non-refundable once the service has been rendered. If you have paid for a session or package and wish to cancel before using the sessions, please notify us as soon as possible. We will handle refunds or credits for unused coaching sessions on a case-by-case basis, at our discretion. Typically:
  
  
  • If you need to reschedule a coaching session, we request at least 24 hours notice. With sufficient notice, we will do our best to accommodate a new time. Rescheduling a session does not incur any fee.
  • If you cancel a session with at least 24 hours advance notice and do not wish to reschedule, we may offer a refund for that session or credit your payment toward a future session, at our discretion.
  • If you cancel with short notice (less than 24 hours) or fail to show up for a session (no-show), we reserve the right to charge you for the session. Last-minute cancellations or no-shows may forfeit the session fee as a late cancellation penalty, except in emergency situations (we understand that true emergencies happen; we will be reasonable and may waive the fee at our discretion in such cases).
  • If you purchased a multi-session coaching package and wish to discontinue the coaching before all sessions are used, you may be eligible for a partial refund for the unused sessions. However, if the package was purchased at a discounted bulk rate, the used sessions will be charged at the single-session rate and the remainder may be refunded accordingly. Any bonuses or materials provided as part of a package may be deducted from refunds if you retain those.
• Workshops/Special Programs: If we offer a live workshop or group program, any specific refund policy will be communicated in the promotional materials or registration terms for that program. Generally, once the program starts, fees are not refundable if you withdraw (barring exceptional circumstances or as required by law).

3.4 Chargebacks and Payment Disputes

You agree to contact us at daniel@levelupcoach.ca to attempt to resolve any payment issues or disputes before initiating a chargeback or dispute with your payment provider. If you improperly initiate a chargeback or dispute for a valid charge (for example, after receiving a non-refundable digital product), we reserve the right to terminate your access to our Services and pursue collection or legal action if necessary. We also reserve the right to contest any chargeback that we believe is unjustified.

3.5 Late Payments

If, by separate written agreement, any Services are to be provided with payment after delivery (for example, an invoicing arrangement for corporate clients), payment will be due by the date indicated on the invoice. Late payments may incur interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower, until paid. You will be responsible for all reasonable costs (including legal fees) incurred by us in collecting overdue amounts.

3.6 Promotions and Discounts

Any promotions, discounts, or coupon codes must be used at the time of purchase. They cannot be applied retroactively. Such offers may be subject to additional terms, and we reserve the right to modify or withdraw promotions at any time.

4. Digital Products and Online Courses – License and Use

When you purchase or access any digital content or online course from Level-Up Coaching Services, you are granted a limited license to use that content for your personal, non-commercial use. All digital products and course materials remain the intellectual property of Level-Up Coaching (or our licensors), and are protected by copyright and other intellectual property laws. The following terms apply to your use of digital products and courses:

4.1 License Grant

Upon successful payment, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the purchased digital product or course content for your own personal development and learning. This license is for single-user use only. For example, if you purchase an eBook or PDF, the license is for you alone to read and use that material. If it's a course, the enrollment is just for you; you agree not to share your login or course materials with others who haven't purchased access.

4.2 Prohibited Uses

You agree NOT to engage in any of the following activities with respect to our digital products or course content, without our prior written permission:

• No Copying or Reproduction: You will not copy, duplicate, or reproduce the content, except for making a single backup copy for your personal use if necessary. This means you shouldn't photocopy printed materials or take screenshots of course pages to distribute to others.
• No Redistribution or Sharing: You will not publish, upload, post, transmit, or distribute the content (or any portion of it) to any third party. For example, you cannot email the PDF to friends, upload our eBook to a file-sharing site, or share course videos in any form.
• No Modifications or Derivative Works: You will not alter, modify, translate, adapt, or create derivative works based on the content. The content should be used as provided, and you cannot take our work and rebrand or remix it as your own.
• No Commercial Use: You will not use the content for any commercial purpose or for financial gain. Our materials are for your personal education, not to be resold or used in your own seminars, business coaching, etc. You cannot incorporate our content into any product or service that you sell or provide.
• No Public Display: You will not display or perform our content publicly (whether free or for charge). For instance, you cannot play members-only course videos in a public workshop.
• No Circumvention: You will not attempt to bypass any technical measures we have in place to protect our content (such as digital rights management or watermarking). Any attempt to hack or access content you have not paid for is a violation of these Terms and may also violate law.

4.3 Access to Courses

If you have enrolled in an online course, your access may be delivered through a dedicated portal or membership site. You are responsible for maintaining the confidentiality of any login credentials. Course access is typically granted for a certain period (which will be communicated, e.g., lifetime access, or 1-year access, etc., depending on the course). We reserve the right to disable access for users who violate these Terms (for example, sharing their account or pirating content).

4.4 Updates to Content

We may update or revise digital content and course materials from time to time to reflect new information or improvements. Purchasing a digital product usually entitles you to that edition; updates may or may not be provided depending on the nature of the product (we will specify at purchase if updates are included). For online courses, if we substantially update a course, enrolled students might get access to the updates at no additional cost, but new modules or content might sometimes be offered as an add-on or separate product – this will be clearly communicated.

4.5 Certification and Results

Unless explicitly stated, completion of an online course or program does not confer any formal certification, academic credit, or professional qualification. Any certificates of completion provided are for personal achievement and are not accredited. We do not guarantee any specific results from applying the knowledge learned in our courses or digital products; your success depends on your own effort and circumstances.

4.6 Third-Party Platforms

Some course content might be delivered using third-party platforms or learning management systems. You agree to abide by any additional platform terms if you use such a platform (for instance, if a course is hosted on Teachable, Kajabi, or similar, you must follow their acceptable use policies too). We are not responsible for platform downtime or issues, but we will work with you to ensure you get the content you paid for (e.g., providing materials via alternate means if the platform fails).

4.7 Termination of License

If you violate any of the terms in this section (Digital Products and Online Courses), we reserve the right to terminate your license to use the content, which may include disabling access to a course or requiring you to destroy any copies of digital materials you have. In such a case, you will not be entitled to any refund for the terminated license. Additionally, we may pursue legal action for copyright infringement or breach of contract, if warranted.

5. Coaching Services – Terms and Client Responsibilities

Our coaching services are built on mutual trust, respect, and a shared commitment to the coaching process. This section outlines expectations for both coach and client during the engagement:

5.1 Scheduling and Session Policies

Coaching sessions are typically scheduled by mutual agreement. We use Calendly or direct communication (email/phone) to set up session times. You are responsible for attending sessions on time. If you are late to a session, the session may still end at the scheduled time (out of respect for the coach's and potentially other clients' schedules). If the coach (Daniel Trimarchi) is ever late or must reschedule due to an emergency, you will be given additional time or an opportunity to reschedule at no extra cost. For cancellations and rescheduling by the client, refer to the Refund Policy section above for notice requirements (generally 24 hours notice).

5.2 Client Conduct and Participation

Coaching is a collaborative process. To get the most out of coaching, you should be honest, open, and willing to put in effort toward your development. You agree to engage in the coaching process responsibly:

• No Substitute for Professional Advice: You acknowledge that coaching is not therapy, counseling, or medical treatment, and Daniel Trimarchi is not a licensed mental health counselor, psychologist, or medical professional. If you are experiencing significant psychological stress, suicidal ideation, or any mental health crisis, or if you require financial, legal, or medical advice, you should seek help from a qualified professional in those fields. Coaching conversations may sometimes delve into personal life challenges, but they are focused on personal development and goal-setting, not on diagnosing or treating mental health conditions. Our coaching services are offered with the understanding that you are psychologically stable enough to engage in forward-looking personal development.
• Personal Responsibility: You understand and agree that you are fully responsible for your own decisions, actions, and outcomes in life and in the coaching process. The coach will help guide and facilitate your growth by offering insights, reflections, and strategies, but any actions you choose to take during or after coaching are solely your own responsibility. There are no guarantees that coaching will produce any particular results; success depends on your willingness to reflect, experiment with new approaches, and follow through on commitments. You accept responsibility for any and all choices you make following coaching sessions. For example, if you decide to make a significant life change (such as changing jobs or moving) as a result of coaching, you do so based on your own judgment.
• No Guarantees of Outcome: You acknowledge that each individual's results will vary. We have not made any promise or guarantee that you will achieve a specific goal, earn a certain amount of money, attain a particular career position, etc., as a result of coaching. Statements about past client successes or testimonials are not a guarantee you will have the same experience. We disclaim any warranty or guarantee of outcomes (see Disclaimers below). Coaching is a supportive relationship, but the outcome is highly dependent on your effort and circumstances.
• Active Participation: For coaching to be effective, you should attend sessions free from distractions (not driving a car or multitasking), and preferably in a quiet, private space where you can speak openly. We expect you to complete any agreed-upon actions or "homework" between sessions to the best of your ability, and to communicate honestly if you faced challenges completing them.
• Respect and Collaboration: Both client and coach agree to communicate respectfully. Harassment, abusive language, or inappropriate behavior by either party is not acceptable. We reserve the right to terminate the coaching relationship if a client consistently behaves inappropriately (such as using hate speech, making threats, or other misconduct), and the client will be responsible for any fees for sessions already completed.

5.3 Coach's Responsibilities and Ethics

Daniel Trimarchi commits to maintaining professionalism and ethical standards in coaching:

• Confidentiality: The coach will keep information disclosed by the client during private coaching sessions confidential, to the extent permitted by law. This means the coach will not divulge what you discuss in coaching to any third party without your consent, except in a few specific situations: (a) if the coach is required by law to disclose information (for example, a court subpoena or a legal obligation to report certain matters); (b) if you indicate an intention to harm yourself or others, or disclose abuse or neglect of a minor, elder, or vulnerable individual – in such cases the coach may be legally or ethically compelled to report this to authorities or take protective actions; (c) for consultation or supervision purposes, the coach may discuss cases hypothetically or anonymously with a mentor or supervisor to improve services, but will omit or change identifying details to maintain confidentiality; (d) if you explicitly permit the coach to share a testimonial or aspect of your story (in which case we would agree on what can be shared). Aside from these exceptions, your personal information and session content are kept private. (See our Privacy Policy for more on data handling.)
• Integrity: The coach will conduct sessions to the best of his ability, being present, attentive, and providing honest feedback. If at any point the coach feels that he is not the right fit or that coaching is not benefiting the client, he may discuss it with you and potentially refer you to other resources or terminate the coaching engagement honorably (with an appropriate refund for any unused sessions).
• Boundaries: The coach will maintain appropriate boundaries. Coaching is a professional relationship – the coach will not exploit it for personal gain beyond the agreed fee, and will not engage in any romantic or sexual relationship with clients. The coach will also not ask clients to run personal errands or the like – the focus will remain on the client's agenda.

5.4 Third-Party Tools for Coaching

As mentioned, we might use Zoom, WhatsApp, or phone for sessions. You are responsible for any charges from your phone/internet provider related to communicating with us (e.g., data charges). We are not liable for technical difficulties in communication platforms. If a session is disrupted due to technology failure (e.g., call drops, Zoom outages), both parties will make a good-faith effort to reconnect. If issues persist, we will reschedule the remaining time of the session at no extra cost. We recommend you ensure you have a stable internet or phone connection for sessions and a backup method to reach us (like a phone number if Zoom fails).

5.5 Termination of Coaching Engagement

Either party may terminate the ongoing coaching relationship at any time with written notice. If you choose to terminate and have paid for future sessions, our Refund Policy (section 3.3) will determine any refund for unused sessions. If we terminate (for example, due to a breach of these Terms by you, or because we determine it's in your best interest to seek a different kind of support), we will refund any fees for unused sessions that you have pre-paid, minus any deductions for services already provided or costs incurred. Upon termination, sections of these Terms that by their nature should survive (such as disclaimers, limitation of liability, intellectual property rights regarding materials already provided, etc.) will remain in effect.

6. Acceptable Use of Our Website and Services

By accessing our websites or using any of our Services, you agree to use them only for lawful purposes and in accordance with these Terms. You must not:

• Violate Laws or Regulations: Use the site or Services in any manner that violates any applicable federal, provincial, state, local, or international law or regulation. This includes, but is not limited to, privacy laws, intellectual property laws, and export control laws.
• Infringe Intellectual Property: Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party. You agree not to use, display, or reference our trademarks or content except as allowed by these Terms or with our explicit permission.
• Harm or Exploit Minors: Use the Services to harm or attempt to harm minors in any way, or to target Services at children under the age of 13 (as our Services are not intended for them).
• Transmit Malicious Code: Introduce or transmit any worms, viruses, malware, or any code of a destructive nature. You should not attempt to gain unauthorized access to our website, servers, or any connected databases or systems, nor attack the site via a denial-of-service attack or similar. Any such attempt may result in us reporting you to law enforcement authorities and cooperating in prosecution.
• Interfere with Others' Use: Engage in any conduct that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services. This includes "flooding" the site with excessive traffic, using robots/spiders/scrapers to systematically extract data, or other automated means not approved by us (note that search engines may index our site in accordance with our robots.txt, but unauthorized scraping for competitive or illegitimate purposes is prohibited).
• Harassment and Abuse: Use the Services to harass, abuse, insult, harm, defame, slander, or intimidate any person or group. This includes communications with us, with other clients (if in a group setting), or any public commentary related to our Services. While feedback and criticism are welcome in appropriate forums, hate speech, threats, and personal attacks are not tolerated.
• Impersonation and Misrepresentation: Impersonate any person or entity, or falsely state or otherwise misrepresent yourself (including impersonating a Level-Up Coaching representative or another user). You must not mislead us about your identity or about the nature of your inquiry when seeking Services (for example, attempting to gather proprietary information under false pretenses).
• Unauthorized Advertising or Spam: Use our site or Services for the purpose of unsolicited advertising or marketing to us or others. This means you should not post or transmit any advertising or promotional material on our website (such as in comments, forums, if such exist) without our prior consent, and you should not use the contact forms or communication channels to send us unsolicited offers unrelated to our Services. You also agree not to harvest or collect information about others (such as email addresses) from our site with the intent to send unsolicited emails or messages.
• Resell or Exploit Services: You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Services (including course access) without our written permission. This also means you cannot use information from coaching sessions or course content to create a competing product or service, or to share with someone who would do so.

We reserve the right to monitor access and usage of our website for compliance with these Terms. If we believe you have violated the Acceptable Use provisions or any other part of these Terms, we may take action including: terminating or suspending your access to the Services (with or without notice), removing any offending content you have posted, and/or pursuing legal remedies. We also reserve the right to cooperate fully with law enforcement or court orders requesting or directing us to disclose the identity or behavior of anyone we believe is violating the law in connection with our Services.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content and materials provided through our website and Services, including but not limited to text, graphics, logos, button icons, images, videos, audio clips, digital downloads, data compilations, and software, are the property of Level-Up Coaching Services (Daniel Trimarchi) or our content suppliers, and are protected by Canadian and international copyright, trademark, and other intellectual property laws. The compilation of all content on our site is our exclusive property.

• Trademarks: "Level-Up Coaching Services", our logos, and any product or service names or slogans that appear in the Services are trademarks or service marks of Daniel Trimarchi/Level-Up Coaching. You must not use such marks without our prior written permission. All other names, logos, product names, or trademarks mentioned are the property of their respective owners and are used for identification purposes only (e.g., "Stripe" and "PayPal" are trademarks of their companies). No endorsement or affiliation is implied by their use.
• Copyright: The content we have created (including our website text, course content, eBooks, worksheets, etc.) is our copyrighted material. We retain all rights not expressly granted to you. Per the license terms for digital products (Section 4), you are granted limited rights to use our content for personal purposes; you do not obtain any ownership rights in the content itself.

7.2 User Content

In the event that our site allows users to post or submit content (for example, comments on blog posts, participation in course discussion forums, or providing testimonials), the following terms apply:

• Your Submissions: You retain ownership of any original content that you submit (your "User Content"). However, by submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content in connection with the Services and our business. For instance, if you leave a comment or testimonial on our site, we may display it (with any personal information anonymized if you prefer) on our website or marketing materials. If you provide feedback or suggestions about our Services, we may use your feedback without obligation to you.
• Prohibited Content: You represent that your User Content does not infringe any third-party rights and is not defamatory or unlawful. You are solely responsible for the content you submit. We reserve the right to remove or edit any User Content that violates these Terms or for any other reason in our discretion.

7.3 Third-Party Intellectual Property

We respect the intellectual property rights of others. If you believe that any content on our website or delivered through our Services infringes your copyright or other IP rights, please notify us with detailed information so that we may investigate and remove or disable access to the infringing material if appropriate (our contact information is in the Contact section below).

7.4 Limited Website License

Subject to your compliance with these Terms, we grant you a limited, revocable, non-transferable license to access and make personal use of our public website (levelupcoach.ca/.net). This license does not include any resale or commercial use of our site or its contents, any collection or use of product listings or descriptions, any derivative use of our site or content, or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information on the site without our express written consent. You may not use any meta tags or other "hidden text" utilizing our name or trademarks without our express written consent.

Any unauthorized use of the site or Services terminates the permission or license granted by us. We reserve all rights that are not expressly granted to you in these Terms.

8. Disclaimers

8.1 No Warranty for Services

The Services, and all content, materials, information, or products included therein, are provided on an "AS IS" and "AS AVAILABLE" basis. Level-Up Coaching Services disclaims any and all warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Services or content will meet your requirements or expectations, or that results will be accurate or reliable, or that any issues will be corrected.

• We specifically do not guarantee that you will achieve any particular outcome or result from using our coaching services, courses, or products. Any success or improvement depends on many factors beyond our control, including your own commitment and circumstances. You accept that no results are promised or guaranteed.
• We do not warrant that our website or any communications (e.g., emails) are free of viruses or other harmful components, though we take reasonable measures to ensure security. You are responsible for using up-to-date antivirus software on your devices.

8.2 Coaching Disclaimer (No Professional Advice)

All coaching services and communication, whether oral, written, via email or otherwise, delivered by us are meant for personal and professional development purposes. We are not licensed health care providers, financial advisors, or legal professionals. Any information or guidance provided during coaching or in our content is not a substitute for professional advice in those domains. For example:

• If you need medical or psychological advice, diagnosis, or treatment, you should consult a medical doctor or licensed therapist. We do not diagnose conditions or prescribe medications.
• If you need financial, investment, or legal advice, please consult with a certified financial planner, accountant, or attorney as appropriate. We might discuss personal finance habits or career decisions in coaching, but those are from a life coaching perspective and not professional financial planning or legal counsel.
• You acknowledge that any decisions you make regarding your health, finances, career, or any other aspect of your life are made by you alone, and you should seek independent professional advice as needed. We will not be liable for any actions or inaction, or any direct or indirect consequences, resulting from the coaching or use of our materials, since you retain responsibility for your own decisions.

8.3 No Endorsement of Third Parties

During coaching or in our content, we may refer to third-party resources, such as books, websites, tools, or other professionals. These references or suggestions are for informational purposes and convenience only. We do not endorse, warrant, or guarantee any third-party product or service. We also might integrate third-party services (like Calendly, Zoom, Mailchimp) into our own Services; while we select reputable providers, we don't control their actions and thus disclaim responsibility for any issues arising from their services. Your use of third-party products or services is at your own risk and subject to those third parties' terms and privacy policies.

8.4 Technical Disclaimer

We do not guarantee that our website or digital content will be compatible with all devices or operating systems. You are responsible for ensuring you have the necessary equipment and software (and internet connectivity) to access our Services (for example, a device that can open PDF files for eBooks, or a stable internet connection for Zoom calls). We are not responsible for any technological incompatibility or inability to access content due to factors on your side (like outdated software). That said, if you have trouble accessing something you paid for, contact us and we will do our best to help you get the content (e.g., alternate format).

8.5 Historical Performance

Occasionally, we may share success stories or outcomes achieved by our past clients in testimonials or marketing materials. These are illustrative only and not intended as a promise of your results. Past performance is not indicative of future results; each individual's experience is unique.

8.6 Downtime and Errors

We disclaim any warranty that the functions contained in the website or any materials will be uninterrupted or error-free, that defects will be corrected, or that the site or our server are free of viruses or other harmful components. Temporary unavailability of the site (for maintenance or technical issues) may occur. We will not be liable for any loss of data or any damages to your computer system that result from use of the site or downloading of material.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the extent permitted by law.

9. Limitation of Liability

To the fullest extent permitted by law, in no event shall Daniel Trimarchi or Level-Up Coaching Services, or any of our employees, agents, partners, or content providers, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages arising out of or in connection with your use of (or inability to use) the Services, even if we have been advised of the possibility of such damages. The types of damages excluded include, but are not limited to, lost profits, lost revenue, lost opportunities, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise.

Specifically, we will not be liable for:

• Any decisions you make or actions you take based on coaching guidance or materials (you assume full responsibility and risk for any outcomes).
• Any emotional distress or harm resulting from topics discussed during coaching. While coaching can be intense and emotional at times, it is your responsibility to seek appropriate support (like therapy) if needed; our liability is limited as per these Terms.
• Any downtime or technical issues that prevent you from accessing Services, beyond providing a remedy such as an extension of access or rescheduling of sessions as described in the relevant sections.
• Any unauthorized access to or use of our secure servers and/or any personal information stored therein, except to the extent caused by our failure to implement reasonable security measures (even then, under Privacy laws our liability might be limited to certain amounts).

Our total cumulative liability to you for any claims arising out of or relating to these Terms or the Services is limited to the amount you paid us in the past twelve (12) months for the specific Service giving rise to the claim (for example, if the claim relates to a coaching package, our liability is capped at what you paid for that package). If you have not paid anything (e.g., browsing free content on our site), then we have no financial liability toward you.

In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, our liability will be limited to the greatest extent permitted by law. Nothing in these Terms shall exclude or limit liability that cannot be limited by law, such as liability for death or personal injury caused by gross negligence or willful misconduct, or liability for fraud/fraudulent misrepresentation.

10. Indemnification

You agree to indemnify, defend, and hold harmless Daniel Trimarchi and Level-Up Coaching Services, and our affiliates, partners, employees, contractors, agents, licensors, and assigns (collectively, the "Indemnified Parties"), from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys' fees) that arise out of or relate to:

• Your use or misuse of the Services or content (including any actions you take based on coaching or information we provide);
• Your breach of these Terms or any violation of applicable law or regulation;
• Any infringement or violation of a third party's rights (including intellectual property, privacy, or other rights) by you, your User Content, or any content you share or submit through our Services;
• Any misrepresentation made by you (for example, if you provide false information or impersonate someone); or
• Any other conduct by you that gives rise to a claim against any of the Indemnified Parties.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with our defense of such claim and you will not settle any such matter without our prior written consent (settling without an indemnity or admission of fault on our part would be prerequisites for our approval).

This indemnification obligation will survive termination or expiration of these Terms and your use of the Services.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law principles. This choice of law is made pursuant to Article 3111 of the Civil Code of Quebec (if applicable) and equivalent principles elsewhere, reflecting the parties' desire for certainty. If you access the Services from outside Canada, you are responsible for compliance with local laws if and to the extent local laws are applicable.

11.2 Jurisdiction

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (a "Dispute") shall be resolved exclusively in the courts of the Province of Quebec. Specifically, the courts located in the judicial district of Montreal, Quebec shall have exclusive jurisdiction over any such Dispute, unless another location is mutually agreed upon in writing by the parties. You and we expressly consent to the exercise of personal jurisdiction by the Quebec courts and waive any objections based on venue or inconvenient forum, to the extent permitted by law.

11.3 Language

The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only. Les parties ont exigé que le présent contrat (ainsi que tous les documents s'y rattachant) soient rédigés en anglais. (Translation: The parties have required that this contract (as well as all related documents) be drafted in English.)

11.4 Dispute Resolution and Negotiation

Before initiating any legal action, we strongly encourage you to contact us to discuss the matter and seek an amicable resolution. Often, issues can be resolved through open communication. You can reach us at daniel@levelupcoach.ca for any concerns or disputes, and we will attempt in good faith to resolve the dispute internally.

11.5 Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedy from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or breaches of confidentiality obligations, since such issues may cause irreparable harm that cannot be adequately compensated by monetary damages.

11.6 Limitation on Claims

You agree that any cause of action or claim you may have arising out of or related to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred. (This limitation may not apply where prohibited by law.)

12. Changes to Terms

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions at any time. If we make material changes, we will notify users by posting the updated Terms on our website with a new effective date, and/or by additional means such as email notice if you have an account or ongoing relationship with us. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

If you do not agree to the revised Terms, you must stop using our Services and, if applicable, may request termination of any account or subscription you have with us. In the event of any termination, you will still be responsible for any obligations incurred under previous Terms.

For any clarification on changes, you may contact us. We will provide a summary of major revisions upon request.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or terms expressly incorporated by reference, constitute the entire agreement between you and Level-Up Coaching Services regarding the use of our Services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms).

13.2 Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

13.3 No Waiver

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Level-Up Coaching Services.

13.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we will use reasonable efforts to notify you in such event.

13.5 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, employment, or agency relationship between you and us. We are independent parties. You do not have any authority to assume or create any obligation for or on behalf of us in any manner.

13.6 Force Majeure

We shall not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as acts of God, natural disasters, war, terrorism, civil disturbances, strikes, pandemic, governmental restrictions, or power/internet outages.

13.7 Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

14. Contact Information

If you have any questions about these Terms and Conditions, or need to contact us for any reason relating to the Services, please reach out to:

Daniel Trimarchi (Owner, Level-Up Coaching Services)
Email: info@levelupcoach.net
Phone: +1 (438) 451-8279
Mailing Address: Greater Montreal Area, Quebec, Canada
Website: www.levelupcoach.net

Legal Notice Contact: The above contact information may also be used for serving any legal notices or processes. We prefer email communication for efficiency, but service of legal documents should follow the procedures required by law (for example, service by registered mail or personal service where required).

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By using our website or purchasing our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for choosing Level-Up Coaching Services. We look forward to supporting you in your journey of growth and development!